Hello, me and my partner (USC) are filling out all the forms for me to change from an F1 to a GC, but there is some confusion. I have been out of status for a while now without leaving the country, but there is some confusion regarding the I-485 form.
- For question 13 under part 9, “Have you ever violated the terms or conditions of your nonimmigrant status?”
I put down “Yes” here since I overstayed.
However,
- For question 76 under part 9, “Since April 1, 1997, have you been unlawfully present in the US? You were unlawfully present in the US if you were present in the US after the expiration of the period of stay authorized by the DHS Sec or were present in the US without being admitted or paroled.”
What exactly do I answer here? My I-94 states “Duration of Status (D/S)” and I entered the country legally. Haven’t found a clear answer anywhere online regarding this question. Would it be “No” since I have D/S on my I-94 and the Fed hasn’t found me in violation of my status?
