Opinions please regarding N-400, Part 12, #22

[xyz12345 260]

N-400 Part 12, #22: Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?

 

Background: My H-1B visa expired in Oct 2012 but only left the country in Feb 2013 because I wanted to wait long enough to make sure that my lawyer submitted my EB2-NIW (self petitioned) I-140 application (Nov2012) and (if possible) for it to be approved (Jan 2013). My lawyer had said I had to leave the US before 180 days. I had consular processing.

 

I was ready to put "Yes" and attach an explanation but while researching for a different question, I came upon the following regarding visa overstay and illegal presence in the US (https://www.temple.edu/isss/immigration/overstay.html).

 

 

Applications filed late, but accepted for processing

If an application for change or extension of status is filed late, but accepted for processing (see 8 C.F.R. § 214.1(c)(4) for criteria for late extensions; see 8 C.F.R. § 248.1(b) for criteria for late change of status applications), no days of unlawful presence accrue if the application is approved. If the application is denied, unlawful presence will accrue starting on the date the Form I-94 expired (for date-certain I-94 cases) or the date of the denial (for D/S I-94 cases).

 

 

 

This should apply to me since my application was processed and approved, right? If so, then "No" to unlawful presence and "No" to voluntary work (is this a crime during unlawful presence?) during this period, and I don't have to mention them, right?

 

In the end, I still have to answer "Yes" to the above question because I did drive my car around town from time to time (maybe 10% of the time) with an expired driver's license. I was lucky enough not to get stopped, arrested or be involved in an accident.

 

 

Your opinions are greatly appreciated.

 

 

[Going through 5,668]

55 minutes ago, xyz12345 said:

N-400 Part 12, #22: Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?

 

Background: My H-1B visa expired in Oct 2012 but only left the country in Feb 2013 because I wanted to wait long enough to make sure that my lawyer submitted my EB2-NIW (self petitioned) I-140 application (Nov2012) and (if possible) for it to be approved (Jan 2013). My lawyer had said I had to leave the US before 180 days. I had consular processing.

 

I was ready to put "Yes" and attach an explanation but while researching for a different question, I came upon the following regarding visa overstay and illegal presence in the US (https://www.temple.edu/isss/immigration/overstay.html).

 

 

Applications filed late, but accepted for processing

If an application for change or extension of status is filed late, but accepted for processing (see 8 C.F.R. § 214.1(c)(4) for criteria for late extensions; see 8 C.F.R. § 248.1(b) for criteria for late change of status applications), no days of unlawful presence accrue if the application is approved. If the application is denied, unlawful presence will accrue starting on the date the Form I-94 expired (for date-certain I-94 cases) or the date of the denial (for D/S I-94 cases).

 

 

 

This should apply to me since my application was processed and approved, right?

Your overstay was forgiven with that filing and approval.

 

55 minutes ago, xyz12345 said:

n the end, I still have to answer "Yes" to the above question because I did drive my car around town from time to time (maybe 10% of the time) with an expired driver's license. I was lucky enough not to get stopped, arrested or be involved in an accident.

VJ terms of service prohibit any advice given other than to be completely honest on your application, in regards to the above, as you did knowingly commit the offense.

Edited September 17, 2017 by Going through

[Ryan H 3,796]

***Post violating the TOS (provide intentionally false information) removed along with post quoting.***

[xyz12345 260]

18 hours ago, Going through said:

Your overstay was forgiven with that filing and approval.

 

VJ terms of service prohibit any advice given other than to be completely honest on your application, in regards to the above, as you did knowingly commit the offense.

 

 

18 hours ago, Going through said:

Your overstay was forgiven with that filing and approval.

 

VJ terms of service prohibit any advice given other than to be completely honest on your application, in regards to the above, as you did knowingly commit the offense.

Thanks Going through. I don't have a problem disclosing it. I should have known better then. I was just happy to only put 1 instead of 3 offenses. Didn't know until yesterday that I didn't accrue illegal presence. I was only fixated by the 180 days. Good thing I start looking at the form ahead of time!

[Going through 5,668]

9 minutes ago, xyz12345 said:

 

 

Thanks Going through. I don't have a problem disclosing it. I should have known better then. I was just happy to only put 1 instead of 3 offenses. Didn't know until yesterday that I didn't accrue illegal presence. I was only fixated by the 180 days. Good thing I start looking at the form ahead of time!

" no days of unlawful presence accrue if the application is approved." as stated above in what you quoted in your original post  

I'm assuming the application was obviously approved   You also left before the 180-day window.  You didn't commit any crime in terms of the overstay in the eyes of immigration law.

 

For the expired license offense, it is something you should disclose to remain honest in your application (it also goes a long way in showing your good moral character by admitting it, even though you were never caught...and it's not like admitting you committed murder and got away with it, so think of it that way).  Best of luck in your filing!

Edited September 18, 2017 by Going through

[xyz12345 260]

Thanks Going through! That's what I thought about the expired DL. I would be in worse shape if I did get pulled over.

 

I don't think you need luck so Best wishes to your upcoming interview! You'll do great!

[Going through 5,668]

25 minutes ago, xyz12345 said:

Thanks Going through! That's what I thought about the expired DL. I would be in worse shape if I did get pulled over.

 

I don't think you need luck so Best wishes to your upcoming interview! You'll do great!

I have a less than stellar past, too, so I'll take any luck I can get   

[xyz12345 260]

Good luck then!!!