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RFE for Entry/Exit … something to worry about?

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  • RFE for Entry/Exit … something to worry about?

    we had our interview cancelled for my I-485, last month due to "unseen circumstances". We just got the RFE for my I-693 medical form and an entry/exit worksheet. I'm a little confused on the worksheet and how to take it. It states:


    "You stated on your Form I-485, Pg. 15, Part 8, Question 20 that since April 1, 1997, you have been unlawfully present in the United States for more than 180 days but less than a year, and then departed the United States. Please the entries/exit worksheet attached."


    My timeline is very simple came on a b-2 tourist visa, which was good for 4 years, as a 6 year old child in 97, then yes overstayed on my 6 month permit, but left then came back in 99, and then never left again. All thru the POE. I'm just wondering if I'm over thinking that I messed up somewhere on the application or they just want to verify my dates. I'm currently here unlawfully but as a DACA recipient.



    I submitted everything I have to show proof of my entry into the US i.e. visa, permit, and passport. I'm wondering if I should write a letter with detailed arrival and departure and include my proof of entry with plane tickets this time along with the worksheet when I mail back the RFE?

  • #2
    Did you answer Yes or No to that question on I-485? If you answered Yes to any of those questions you are supposed to provide an explanation.

    The question is asking about the 3-/10-year unlawful presence ban(INA 212(a)(9)(B)). You do not accrue "unlawful presence" for the purposes of that ban while under 18, so technically your answer should have been No. (Even if it had been Yes, the 3-year ban since 1997 or 1998 would have long been over; but anyway the correct answer here is No.) If you answered Yes, you can respond that you answered incorrectly and it should have been No, and describe the facts of that stay (i.e. your I-94 expired on what date, you departed on what date, and that you did not accrue any unlawful presence for the purposes of that ban because you were under 18 the whole time).

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      Did you answer Yes or No to that question on I-485? If you answered Yes to any of those questions you are supposed to provide an explanation.

      The question is asking about the 3-/10-year unlawful presence ban(INA 212(a)(9)(B)). You do not accrue "unlawful presence" for the purposes of that ban while under 18, so technically your answer should have been No. (Even if it had been Yes, the 3-year ban since 1997 or 1998 would have long been over; but anyway the correct answer here is No.) If you answered Yes, you can respond that you answered incorrectly and it should have been No, and describe the facts of that stay (i.e. your I-94 expired on what date, you departed on what date, and that you did not accrue any unlawful presence for the purposes of that ban because you were under 18 the whole time).
      Yeah looking back at it now. We put Yes and it should have been No. So that's where the RFIE comes in.

      I guess I'm also worried that they'll hold it against me for technically lying (even though clearly a mistake) but I do plan on writing an explanation that we missed understood the question and just provide the details of the entry and exits from the US and show them my passport stamp and i-94 from the last entry.

      Thank you for your response. It lifts a lot of weight off my shoulders!
      Last edited by guitarhero21; 08-29-2021, 09:13 PM.

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