Q: Hi! I have a question about I-485 form application.
I’m granted asylum (I-589) and right now filling out the I-485 for status adjustment. In Part 8 of the I-485 there is a question: “Have you EVER violated the terms or conditions of your nonimmigrant status?” And I’m not sure if I did or did not.
I entered USA on B-1 visa with expiration date of HALF a year and when my lawyer filed I-589 for me, it already passed that allowed time of staying, so, does it mean that I violated the terms or conditions of my nonimmigrant status?
Thank you!
A: If you filed your asylum petition before the expiration date, they generally do not consider the time afterwards as unlawful presence. If you filed after the six months, then you did violate the terms. Either way, you're giving what you believe is an honest answer to the question and it should not result in a denial regardless. This answer was provided with what little information was given and should not be considered legal advice. If you would like legal advice, you should contact an immigration attorney.
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