Q: Have you ever violated the terms or conditions of your nonimmigrant status?
Hello, my husband came here with a F1 visa, we met, had a kid and his visa expired. He got married and now we are applying for his Green Car. In the form I485 asks: have you ever violated the terms or conditions of your nonimmigrant status?. Since his F1 expired and he reminded in the USA, that means we should say yes in that question?
Thanks so much in advance.
A:
The iteration of facts that you have posted seem to indicate that all conditions and terms of the F-1 status were not fulfilled. Hence, the answer to the question from the FORM I-485 regarding the violation of status is “yes”.
However, if you are a U.S. citizen filing an immediate relative petition on behalf of your spouse then the violation of status is immaterial.
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