Q: overstayed i94 by around 179 days. How shall I indicate it correctly on i485?
4 years ago, my company-petitioner an L-1A extension on my behalf, which was denied later that year. The company then filed a new L-1A petition to address the denial issues, but it was also denied after about 5 months of USCIS processing. I departed the U.S. less than 180 days after the initial denial of my L1A. While waiting for USCIS decision about first and second petitions, I overstayed my lawful presence, solely due to awaiting USCIS’s decision. 2 years ago I returned to the US on the basis of O1 visa. That visa application went through extensive checking, because of this violation of lawful presence, but all was approved because it was under 180 days.
Last year my petition i140 NIW was approved, and I can finally file i485. There is a question on form i485 enquiring whether I have ever violated the terms or conditions of my non-immigrant status. My questions is - shall I indicate this case described above, or mark it as "No"? If I overstayed my i94 by less than 180 days
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A:
You should absolutely mark "Yes" on your I-485 regarding the violation of non-immigrant status and provide a clear explanation of the circumstances. Even though your overstay was less than 180 days and you've since maintained valid status with your O-1 and subsequent visas, it's crucial to be completely honest on immigration forms.
In your explanation, describe how you remained in the U.S. while awaiting USCIS decisions on your L-1A petitions, departed within 180 days of the initial denial, and have since maintained proper status. Include specific dates and emphasize that you left before accruing significant unlawful presence. This shows good faith and responsibility in handling the situation.
Remember that USCIS already knows about this overstay from your O-1 visa process, and hiding it now could create serious problems. Being forthright about past immigration issues, especially when they've been previously disclosed and resolved, demonstrates the kind of candor and integrity that immigration officers value when reviewing adjustment of status applications.
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