I-485 HELPPPPPPPP

[Johnny6751 6]

Hey guys;

I have a few questions regarding the form I-485, hopefully you'll be able to help me.

First at all, I entered the country under a B2-VISITOR visa in 2008, overstayed. 

The passport that had that visa was lost. Many many many years ago I had gone to a bar and had many drinks and well, I lost it. I did not lose the I-94, back in the day they'd give you a small "card" so I had that saved at home. Anyways, I have the passport number, I however don't have the expiration date on that passport.

PART 1, question #17 asks  for that passport's expiration date, and of course I don't have it. I have just my current passport that I got a few years ago.

What should do there? Type my new current's passport expiration date?


And I know this will sound ridiculous but...

PART 7, question #1 I am Hispanic yes, but then PART 7, question #2 says "race", I don't know, am I white? lol I'm definitely none these others (Asian, Black, American Indian, Hawaiian)

PART 8, question #15, have you ever been denied a visa? The first time I applied for my B2, I was denied. Is that YES to that question?
PART 8, question #16, have you ever worked in the USA without authorization? Duh, I've been here for 14 years, many random jobs, got paid cash, personal checks, ect, is that a YES?
PART 8, question #17 have you ever violated the terms or conditions of your non-immigrant status?  I mean, I'm an overstay, is that a YES?
PART 8, question #78 have you ever renounced US citizenship to avoid being taxed by the united states? I don't even have a green card yet, is that a NO?
PART 9 question #1 are you requesting an accommodation because of your disabilities or impairments? I'm not disabled or impaired, is that a NO?

I know these are silly questions but I'm trying to see how people in the same boat have answered these questions.

[Unlockable 7,314]

*** Moved to "Adjustment of Status from Work, Student, & Tourist Visas" section of the forum.

 

VJ Moderation

[Duke & Marie 1,389]

P1, Q17, put expiry date of current passport 

p7, q1&2, tick Hispanic and white

q15, yes

q16, yes

q17, yes, both overstay and working.

q78, no

p9, q1, no

 

A 12 year overstay and continued violation of your visa conditions (staying, working and probable tax issues) isn’t something to be considered as ridiculous or taken lightheartedly. 

Edited May 27, 2020 by Duke & Marie

[Crazy Cat 41,857]

11 hours ago, Johnny6751 said:

 

What country ?   Please fill in your timeline.

 

"Tales of the Green card" 

Edited May 27, 2020 by Lucky Cat

[Rocio0010 5,579]

On 5/26/2020 at 9:57 PM, Johnny6751 said:

PART 8, question #16, have you ever worked in the USA without authorization? Duh, I've been here for 14 years, many random jobs, got paid cash, personal checks, ect, is that a YES?

I mean, you kinda answered it yourself...

[Bayanoparker02 6]

@ra0010 in that part I would have said "NO" and then find a good way to respond when I will be in front of them... 

@Johnny6751 When filing your forms, you have to be very cautious. Even if you did something, always said you did not especially in PART 8... when you said YES, it makes your case more difficult than it is. Your only affirmative answer should be about violating your non immigrant status in that part.

[gramercygreen 34]

2 hours ago, Bayanoparker02 said:

@ra0010 in that part I would have said "NO" and then find a good way to respond when I will be in front of them... 

@Johnny6751 When filing your forms, you have to be very cautious. Even if you did something, always said you did not especially in PART 8... when you said YES, it makes your case more difficult than it is. Your only affirmative answer should be about violating your non immigrant status in that part.

So... you're telling them to actively mislead/lie to the USCIS on the forms they're submitting? That is YIKES.

[Johnny6751 6]

11 minutes ago, gramercygreen said:

So... you're telling them to actively mislead/lie to the USCIS on the forms they're submitting? That is YIKES.

Don't worry, I will NOT follow that advise previously given haha. Lying to USCIS is the worse mistake you could ever make. 

Edited June 4, 2020 by Johnny6751

[Bayanoparker02 6]

29 minutes ago, gramercygreen said:

So... you're telling them to actively mislead/lie to the USCIS on the forms they're submitting? That is YIKES.

I'm not telling them to lie... I'm just saying that the Part 8 questions are so complicated and embarrassing when filing them. Legally you ain't supposed to work when you out of status or on B1/B2 visa... I don't know in what status you are currently but that's just the form. They will re asked you those questions at the interview and it will be the best moment to explain them in details... Or when you mention it before even the approval of your case, you will have 2 majors denials situations. 

 If you kill somebody for example, you will not admit that on the form because it is considered as a RED FLAG... That's what I meant. They already know things might happened in between years but don't just admit at the first sight. 

[TBoneTX 45,291]

It is a violation of the site's Terms of Service to:

"Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method."

 

The brand-new member who is making such recommendations is in severe danger of administrative action.

 

Do not lie, EVER, to USCIS, a consular officer, or a CBP agent.

 

VJ Moderation

[Crazy Cat 41,857]

6 hours ago, Johnny6751 said:

Don't worry, I will NOT follow that advise previously given haha. Lying to USCIS is the worse mistake you could ever make. 

Please fill in your timeline.  

[Crazy Cat 41,857]

5 hours ago, Bayanoparker02 said:

I'm not telling them to lie...

Entering false information on an immigration form is lying.........and that can result in an inadmissibility for misrepresentation.

[Mollie09 1,543]

9 hours ago, Bayanoparker02 said:

I'm not telling them to lie... I'm just saying that the Part 8 questions are so complicated and embarrassing when filing them. Legally you ain't supposed to work when you out of status or on B1/B2 visa... I don't know in what status you are currently but that's just the form. They will re asked you those questions at the interview and it will be the best moment to explain them in details... Or when you mention it before even the approval of your case, you will have 2 majors denials situations. 

 If you kill somebody for example, you will not admit that on the form because it is considered as a RED FLAG... That's what I meant. They already know things might happened in between years but don't just admit at the first sight. 

This is absolutely not the correct mindset for this process. Do not lie, assume they know everything beforehand and are waiting to catch you in a lie.

If you kill someone you absolutely have to disclose that and deal with it being a red flag. Risking a misrep is a huge mistake. DO NOT think that these officers want to go on fishing expeditions for these answers, that's NUTS.

Edited June 4, 2020 by Mollie09

[Villanelle 4,122]

I understand the reasoning used by @Bayanoparker02 - Many people (mistakenly) think that if you check of yes to certain questions the form is going to be denied no questions asked. That is simply not true. There are certain things that can prevent you from being eligible for adjustment of status. Checking off the incorrect answer does not change the facts. It actually causes more issues because at the bottom of the form where you sign you are signing under penalty of perjury that all the info is correct. If you have to answer yes to a question and feel you have additional things to say about it you can use the part of the form for adding additional information or wait for it to be addressed in the interview. 

 

If its an issue that can NOT be overcome then there is nothing you can do to overcome it. If it can be overcome then you are always given the opportunity to overcome it - either during the process or through an appeal. Even when you cant overcome it they give you an opportunity to.

 

As an example- my first husband had a lot of issues I did not know about. I was very young and naive about immigration in general. After many years I encouraged him to apply for citizenship as other members in his family were doing such. He was reluctant but finally applied. We went to his interview. It was very strange. When we got there they put us in a separate waiting room with a private guard. (?) Then the Officer came out and made an odd comment that my husband didnt 'look like such a scary guy' and said I was welcome to come in to the interview and told the guard he didnt have to come in and could just wait in the hall. So I went in with my husband. They chatted for a bit and at the end the Officer said he could not approve him right now due to his criminal record. He gave him an RFE type sheet asking for paperwork for an attempted murder charge- something I had NO IDEA about since it was before we even met. The Officer presented it in a way that made it sound like just show us the paperwork and we can then approve you. When we got home I looked into it a bit and the truth is no matter what paperwork he presented he would not be able to naturalize. Not now, not ever. 

 

@Johnny6751 Did you post this in the correct sub forum? Are you doing AOS from work or student? Or did you post here because you were a tourist at one point? Is your AOS based on marriage? Unauthorized work is not an issue if you are spouse of USC. If you are not it can be an issue preventing you from adjusting. Otherwise I agree with all the answers @Duke & Marie listed. Another concern when you have unauthorized work is if you have been paying taxes (usually they are paid with an ITIN). It can also cause issues depending on how you worked (if you used false documents or ever claimed to be a USC vs just getting paid under the table).

[Crazy Cat 41,857]

15 minutes ago, Villanelle said:

Did you post this in the correct sub forum? Are you doing AOS from work or student?

Entered on a B2 in 2008.