Should we be honest when we file a 485? 4 Answers as of December 16, 2011
My husband entered as B1 in 1997, then changed to F1 on 2000. On Nov 2010, we got married. He maintain his F1 status til May 2011. The nutshell is he did not attend school at all. My question is when we file 485, should he be honest about this part. If he does, will AOS be denied cause the I 20s was false. I was advise, not to send in his I 20 til the INS ask. Does it make senses?Free Case Evaluation by a Local Lawyer!
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Kazmi & Sakata | Harun Kazmi
You should be honest. If he has no "removal order" the fact that he violated his F1 will not be an issue. However, you would need to verify if he was ever ordered removed/deported. If he just overstayed his F1 change of status, he can still file the adjustment.
Answer Applies to: California
Replied: 12/16/2011
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
You normally don't send the I-20. Do you really have an attorney? You should never lie to a federal officer. However, If you are not asked, you should not speak. People fall out of status or violate the terms of a visa all the time. An adjustment interview is not a confessional.
Answer Applies to: California
Replied: 12/16/2011
Law Office of Christine Troy | Christine Troy
Well, for starters, I cannot advise that you lie to immigration and if you do, it can blow up in your face and that can lead to a misrepresentation charge, which can lead to removal from the US for many years. What I DO advise, is that you do not do anything without the counsel of a competent immigration attorney. It is possible for someone with that fact pattern to apply for a green card, but there may be questions of his intent when he actually entered on that student visa.
Answer Applies to: California
Replied: 12/16/2011
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
Your husband does not need to be in status to apply for his green card. It is important to be prepared to answer questions. A good immigration attorney should be able to prepare you sufficiently so that your past is not a major hurdle in getting the green card. What is more important is that the marriage is genuine.
Answer Applies to: California
Replied: 12/16/2011
