Does prior Withdrawal of Application for Admission (I-275) negatively impact the marriage-based US green card process?

[yuckyyak 0]

Hi everyone, I'm new to VisaJourney and would really appreciate some advice / pointers - thank you in advance! :)

 

I'm a Canadian citizen and have lived in the US for the past 12 years, including undergrad, grad school, and several full-time jobs (on TN visa, and now H1B visa). I recently got married to a US citizen and we're starting the US marriage-based green card process. A few years ago, I got a Withdrawal of Application for Admission (Form I-275) when I was denied US entry in Toronto. Sadly it was mostly a miscommunication/clerical mistake (one that I confirmed with my immigration lawyer before traveling too): I was denied for entering on my student F1 visa (Form I-20), when I had recently received my H1B visa. Since I thought that I still had 6 months left on my F1 visa, I didn't want to start my H1B clock until I absolutely had to. However, when I tried entering the US on the F1, the CBP officer told me my student visa looked complete/inactive (something my lawyer never told me, so I wasn't aware and hence thought my F1 was still valid!) and denied me entry for using the F1. I got scared and decided to accept the I-275 form withdrawing my entry, so I could speak with my immigration lawyer before proceeding. The next day, I was able to enter the US without issues -- this time activating my H1B visa.

 

Now I'm worried that this I-275 is forever on my US immigration record - I've had no other issues other than this one incident. Will this negatively impact my I-130 and I-485 applications for my marriage-based Green Card application? I'm assuming I would need to count this as a denied entry to the US in my application? Thanks in advance.

 

 

[Allaboutwaiting 2,503]

It is definitely on your record and will remain there but it should not cause a problem when you adjust status. Just clearly disclose it on the form and add a letter/detailed explanation on the matter.

[pushbrk 13,111]

I don't see a problem.  If it comes up in an interview, just explain.  Sounds like you are adjusting status from within the USA though, not seeking a spouse visa.  Is that correct?

[yuckyyak 0]

Thank you both! Yes, adjusting status from within the US -- sorry, I think I may have posted in the wrong forum then (?), apologies for that!

[Chancy 6,243]

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