Serious Inaccuracies on I-485

[AstoriaAOS 33]

Hi everyone, I’m new to the site. I came on because I realized there were inaccuracies in the I-485 that we filed, and I wanted some clarification (we’ve had trouble contacting lawyers so far).

 

To give some background info: I’m a Canadian citizen who’s been in the US as a student since 2009 (undergrad, master’s, and now the doctorate). During this time I met my wife (US citizen), got married last May, and filed for adjustment in September. We decided against using a lawyer at the time, seeing as money was tight (in retrospect we regret that). On the I-485, there were questions about unauthorized employment (Part 8 #15) and violation of terms of non-immigrant visa (Part 8 #16), both of which I answered “No”.

 

Upon re-review of my documents (which I should have done in more detail and earlier), I realized that those answers are not accurate.

 

Regarding unauthorized employment:

- Tutored off-campus for several weeks in 2010

- Tutored again in 2013 (on my OPT though, not sure if that’s okay)

- Took care of a friend’s cat for a couple days in 2016 and 2017

 

Regarding violations of my visa:

- All of the above instances of unauthorized employment

- Overstayed the end of my first OPT (>60 days) in 2014 before starting my master’s program

- Gap between the completion of my master’s and the respective OPT (>60 days) in 2016

- Extended unemployment on this OPT in 2016

- Gap between loss of OPT due to unemployment and start of my doctorate in 2016

 

I am incredibly ashamed at my mistakes. But this is what I’m facing now, and that brings me to my questions:

 

(1) Is there any benefit in sending a letter to the USCIS detailing and explaining the inaccuracies above?

(2) Some have said to simply clarify and correct mistakes during the interview. How should I proceed if they ask me why the I-485 was inaccurate? Just say “I was unfamiliar with policy, forgot certain things, and was sloppy in my forms”? My deepest worry is that the USCIS will allege misrepresentation when I filed the I-485.

(3) Lastly, and most importantly, how f**ked am I?

 

Thanks everyone 😬

Edited June 5, 2020 by AstoriaAOS

[payxibka 10,047]

10 minutes ago, AstoriaAOS said:

Hi everyone, I’m new to the site. I came on because I realized there were inaccuracies in the I-485 that we filed, and I wanted some clarification (we’ve had trouble contacting lawyers so far).

 

To give some background info: I’m a Canadian citizen who’s been in the US as a student since 2009 (undergrad, master’s, and now the doctorate). During this time I met my wife (US citizen), got married last May, and filed for adjustment in September. We decided against using a lawyer at the time, seeing as money was tight (in retrospect we regret that). On the I-485, there were questions about unauthorized employment (Part 8 #15) and violation of terms of non-immigrant visa (Part 8 #16), both of which I answered “No”.

 

Upon re-review of my documents (which I should have done in more detail and earlier), I realized that those answers are not accurate.

 

Regarding unauthorized employment:

- Tutored off-campus for several weeks in 2010

- Tutored again in 2013 (on my OPT though, not sure if that’s okay)

- Took care of a friend’s cat for a couple days in 2016 and 2017

 

Regarding violations of my visa:

- All of the above instances of unauthorized employment

- Overstayed the end of my first OPT (>60 days) in 2014 before starting my master’s program

- Gap between the completion of my master’s and the respective OPT (>60 days) in 2016

- Extended unemployment on this OPT in 2016

- Gap between loss of OPT due to unemployment and start of my doctorate in 2016

 

I am incredibly ashamed at my mistakes. But this is what I’m facing now, and that brings me to my questions:

 

(1) Is there any benefit in sending a letter to the USCIS detailing and explaining the inaccuracies above?

(2) Some have said to simply clarify and correct mistakes during the interview. How should I proceed if they ask me why the I-485 was inaccurate? Just say “I was unfamiliar with policy, forgot certain things, and was sloppy in my forms”? My deepest worry is that the USCIS will allege misrepresentation when I filed the I-485.

(3) Lastly, and most importantly, how f**ked am I?

 

Thanks everyone 😬

1.  No

2.  This is the place to clarify 

3.  Not likely 

[igoyougoduke 1,676]

Withdraw the application and file new with the correct data.

[Letspaintcookies 2,310]

5 minutes ago, Donald120383 said:

Withdraw the application and file new with the correct data.

They would still have that first application on file and check them against each other. No sense in wasting more time and money in filing again and probably still be faced with it.

[Duke & Marie 1,389]

I’m still trying to work out how you managed to make so many mistakes.. 

 

in Ref to the work element, the tutor part is probably more concerning than the cat bit.. to which you can come clean at the interview. 

 

Regarding overstays, I’d probably be more worried about them checking your background, they’ll be able to pick this up when checking... however it is possibly forgivable when married to a usc. 

 

3 options I guess. 

1. Withdraw your application and start over

2. Write them a statement requesting the information be corrected

3. Ride the wave and risk having to disclose it at interview putting you in AP for an extended time or rejection.. 

 

id be more enclined to do option 2. Which I have done with NVC, without a hitch, not sure how it goes with USCIS though, might slow things up by a month or too but far better to be honest prior to adjudication 

Edited June 5, 2020 by Duke & Marie

[NancyNguyen 1,658]

Not to encourage you to lie or anything but I don't think you are in trouble. Good luck.

[AstoriaAOS 33]

24 minutes ago, Duke & Marie said:

I’m still trying to work out how you managed to make so many mistakes.. 

I played it fast and loose, and I really wish we had spoken to a lawyer to check my ego. Feels bad, man. Hardcore regrets there. 

 

24 minutes ago, Duke & Marie said:

in Ref to the work element, the tutor part is probably more concerning than the cat bit.. to which you can come clean at the interview. 

Yes, absolutely.

 

24 minutes ago, Duke & Marie said:

Regarding overstays, I’d probably be more worried about them checking your background, they’ll be able to pick this up when checking... however it is possibly forgivable when married to a usc. 

This was definitely something that I was concerned about. That is, how would the USCIS proceed after finding this discrepancy between my (inaccurate) I-485 and the overstay?

 

14 minutes ago, NancyNguyen said:

Not to encourage you to lie or anything but I don't think you are in trouble. Good luck.

I will definitely be coming clean regarding all of this. Now it's just a matter of how/when ><

Edited June 5, 2020 by AstoriaAOS

[geowrian 22,338]

Disclose it at the interview and move on. The items noted are not material given your circumstances (spouse of a USC), so I would not expect any sort of misrep finding.

[Allaboutwaiting 2,503]

Here are two concepts that will put your mind at ease. 

 

Harmless Misrepresentation
A misrepresentation that is not material because it is not relevant to an applicant’s eligibility for the benefit is considered a harmless misrepresentation. An applicant is not inadmissible for making a harmless misrepresentation even though the applicant misrepresented a fact. However, a harmless misrepresentation may still be taken into account when considering whether a benefit is warranted as a matter of discretion.

Timely Retraction
As a defense to inadmissibility for fraud or willful misrepresentation, a person may show that he or she timely retracted or recanted the false statement. The effect of a timely retraction is that the misrepresentation is eliminated as if it had never happened. If a person timely retracts the statement, the person is not inadmissible for fraud or willful misrepresentation. 

For the retraction to be effective, it has to be voluntary and timely. The applicant must correct his or her representation before being exposed by the officer or U.S. government official or before the conclusion of the proceeding during which he or she gave false testimony.

 

So, as mentioned by other members, your misrepresentation was not material and you can inform the immigration officer about the mistakes at the time of the interview -before they inquire about it-. You can also bring the corrected pages and hand them to the officer as soon as the interview starts. 

Edited June 5, 2020 by Allaboutwaiting

[MayceMir 20]

10 hours ago, AstoriaAOS said:

Hi everyone, I’m new to the site. I came on because I realized there were inaccuracies in the I-485 that we filed, and I wanted some clarification (we’ve had trouble contacting lawyers so far).

 

To give some background info: I’m a Canadian citizen who’s been in the US as a student since 2009 (undergrad, master’s, and now the doctorate). During this time I met my wife (US citizen), got married last May, and filed for adjustment in September. We decided against using a lawyer at the time, seeing as money was tight (in retrospect we regret that). On the I-485, there were questions about unauthorized employment (Part 8 #15) and violation of terms of non-immigrant visa (Part 8 #16), both of which I answered “No”.

 

Upon re-review of my documents (which I should have done in more detail and earlier), I realized that those answers are not accurate.

 

Regarding unauthorized employment:

- Tutored off-campus for several weeks in 2010

- Tutored again in 2013 (on my OPT though, not sure if that’s okay)

- Took care of a friend’s cat for a couple days in 2016 and 2017

 

Regarding violations of my visa:

- All of the above instances of unauthorized employment

- Overstayed the end of my first OPT (>60 days) in 2014 before starting my master’s program

- Gap between the completion of my master’s and the respective OPT (>60 days) in 2016

- Extended unemployment on this OPT in 2016

- Gap between loss of OPT due to unemployment and start of my doctorate in 2016

 

I am incredibly ashamed at my mistakes. But this is what I’m facing now, and that brings me to my questions:

 

(1) Is there any benefit in sending a letter to the USCIS detailing and explaining the inaccuracies above?

(2) Some have said to simply clarify and correct mistakes during the interview. How should I proceed if they ask me why the I-485 was inaccurate? Just say “I was unfamiliar with policy, forgot certain things, and was sloppy in my forms”? My deepest worry is that the USCIS will allege misrepresentation when I filed the I-485.

(3) Lastly, and most importantly, how f**ked am I?

 

Thanks everyone 😬

Someone correct me if I am wrong, but as far as I know material misrepresentation is when you purposefully lie to obtain an immigration benefit. In this case, your mistakes are not material, because even if you would have answer YES to both questions you would still qualify for the immigration benefit by being a spouse of a US citizen. Overstays and unauthorized work are forgiven for spouses of US citizens.  Now, it is important to come clean, at the interview they will ask all of the YES/NO questions from your AOS, just say you want to make those corrections because at the time you were completing the application you were confused. 

 

During an interview I helped interpret, the applicants made a mistake in a question regarding being convicted of a crime, the applicant was convicted of driving a vehicle without license (he was the only one sober so he figured he would drive to be safe), he went to court and paid a fine so they didn't think it was a conviction I guess, when the offices was reviewing the application she asked them about this, then she said (very politely) "ok the the answer to this question is Yes."  she changed the application, asked him to sign on the change and He was approved without issues. 

[payxibka 10,047]

During the interview the officer will go through each of these questions and will edit as needed.  The applicant then will re-sign based on the updated information.   This is what occurred at my wife's interview. 

[Carpe Vinum 2,330]

35 minutes ago, payxibka said:

During the interview the officer will go through each of these questions and will edit as needed.  The applicant then will re-sign based on the updated information.   This is what occurred at my wife's interview. 

Yep, for some reason when I printed out the 485 and sent it in several of the answers were left blank by mistake. I really don't know how it happened.  The interviewer just asked for answers on the omitted questions and my wife signed no issues. 

[geowrian 22,338]

2 hours ago, payxibka said:

During the interview the officer will go through each of these questions and will edit as needed.  The applicant then will re-sign based on the updated information.   This is what occurred at my wife's interview. 

Well, they may do so. They went through some questions in my wife's AOS, but not anything about overstaying or working/violating status.

 

2 hours ago, MayceMir said:

you would still qualify for the immigration benefit by being a spouse of a US citizen.

^Reiterating this point (I noted it above as well). Just in case others read this thread who may have violated status, be aware that the circumstances matter. In the OP's case, this shouldn't be material. In another's case, it could be material.

[igoyougoduke 1,676]

13 hours ago, Letspaintcookies said:

They would still have that first application on file and check them against each other. No sense in wasting more time and money in filing again and probably still be faced with it.

no idea if USCIS has that much time.

[payxibka 10,047]

25 minutes ago, geowrian said:

Well, they may do so. They went through some questions in my wife's AOS, but not anything about overstaying or working/violating status.

 

^Reiterating this point (I noted it above as well). Just in case others read this thread who may have violated status, be aware that the circumstances matter. In the OP's case, this shouldn't be material. In another's case, it could be material.

Working before EAD was absolutely covered by the interview