Realized Mistake on the I-485

[manhattanite]

Hi all,

I just realized that I made a mistake while filling out the I-485. At the time of my filing, everything was true and correct to my knowledge, and I had answered "No" to whether or not I had ever violated the terms of my non-immigrant status.

HOWEVER, I did some digging recently (which I know I should have done earlier), and I realized that I had violated terms of my OPT and therefore my prior F-1 visa back in 2016. So now my I-485 is inaccurate.

This brings me to my questions:
(1) How should I proceed? Do I send a letter to the USCIS with this information?
(2) Since I'm married to a USC, I know that my unlawful presence cannot bar me from adjusting status. However, is the fact that I filed an inaccurate I-485 going to be a huge problem?

Thanks everyone. I really appreciate all your help and support.

--B

[Scanigm]

You will be okay. My lawyer checked yes as well. I overstayed on a b2 visa 16 years ago

[Goebh]

My lawyer checked yes as well and wrote why she checked yes. The officer, at the time of the interview, said that wasn’t a problem at that point.

[newacct]

Hi all,

I just realized that I made a mistake while filling out the I-485. At the time of my filing, everything was true and correct to my knowledge, and I had answered "No" to whether or not I had ever violated the terms of my non-immigrant status.

HOWEVER, I did some digging recently (which I know I should have done earlier), and I realized that I had violated terms of my OPT and therefore my prior F-1 visa back in 2016. So now my I-485 is inaccurate.

This brings me to my questions:
(1) How should I proceed? Do I send a letter to the USCIS with this information?
(2) Since I'm married to a USC, I know that my unlawful presence cannot bar me from adjusting status. However, is the fact that I filed an inaccurate I-485 going to be a huge problem?

Thanks everyone. I really appreciate all your help and support.

--B

2. The unlawful presence ban applies to every category. But you only get the ban if you leave the US after accruing 180 days of unlawful presence. If you haven't left the US, you don't have the ban. Also, people in F1 status generally don't accrue unlawful presence, even if they violate status or stay past the end of their program, because they are admitted on D/S on the I-94, and you only accrue unlawful presence if you stay past the date on your I-94.

[manhattanite]

Thanks everyone! That really helped calm my nerves about this entire situation.

I'll just make it clear prior/during the interview that I made an honest mistake at the time of filing. Hopefully that will be enough to have my bottom covered, haha.

[BayAreaCaliAOS]

You’ll be fine. Just make sure you tell the officer in the beginning of your interview.