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Opinion

Making corrections in previously submitted forms

US IMMIGRATION NOTES - Atty Marco F.G. Tomakin - The Freeman

Jane submitted a greencard application based upon an approved spousal petition filed by her husband, Joe. In her Form I-485, Application to Register Permanent Residence or Adjust Status, she answered all pertinent questions to the best of her knowledge and as honestly as she could. When she was preparing for her interview, she noticed that there were some mistakes in the form that may or may have some huge impact on her application. There were typographical errors which were just minor but there were also questions that she answered Yes, instead of No, or vice-versa. There was also a question about prior arrests that she omitted as she thought the question did not include misdemeanor traffic violations. So what can she do to correct these errors?

This problem has a very simple solution, In her case, Jane is fortunate that the interview provides her with an opportunity to inform the USCIS officer that she intends to make corrections in her application. As the officer goes over the questions, she needs to tell the officer what response in a specific part, line, or page number she wants changed. If need be, she has to submit any proof in support of such a response. If she checked off No to prior marriages, but in fact she was married before but got divorced, she needs to submit her divorce decree. Even simple errors such as zip codes or misspellings, would need to be corrected.

Keep in mind that your signature in the application form as well as your oath before the interview signify your voluntary intention to tell the truth. If you do not attempt to change any obvious or hidden errors, any answer that you gave stands as is and is to be accepted by USCIS as your truthful declaration. In our example, if Jane does not correct the number of marriages that she has and the fact of her prior marriages, her former husband’s name and other information, her initial “No” answer stands. If for some reason USCIS learned that indeed she had a prior marriage and it was not declared, they have good and valid grounds to suspect fraud, misrepresentation, and perjury on Jane’s part.

Also, at any time during the pendency of your application, you can always write a letter to USCIS advising them of any changes you wish to make and submitting any evidence in support of that change. Even if it is prejudicial to your case such as your marriage being dissolved and the basis of your application is a spousal petition. You have to inform USCIS as soon as you can for any changes even if you think that it could lead to a denial of your case. You do not want to misrepresent in your interview that you were still married to the petitioner when the truth is you have already been divorced a few months ago, or in some cases, the petitioner had died.

Be proactive and always maintain the integrity of your application by submitting honest and truthful responses from beginning to end. You will be rewarded for it.

IMMIGRATION

PETITION

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