I received a request for evidence for my EB-5 I-485. My wife and kids are already approved. The RFE is related to an I-539 application to reinstate an F-1 visa back in 2003. The issue is related to my transfer between different schools, as my original school took me back without issuing a new I-20 after I completed a quarter at another school. I left the country upon completion of my last credit in early 2004. USCIS sent the I-539 denial letter 7.5 months after I departed, to the wrong address! Now I am asked to prove that I had maintained legal status during my F-1 years. I do not think I violated the terms of my stay as the school is the one that made the error, plus I have never accrued any illegal presence. In this case, how much detail do I need to give USCIS about my years as an F-1 visa holder? Do I need to disclose copies of I-20 for all programs and schools I attended, including an OPT?
You have to address all the issues because there may be a question as to whether you triggered unlawful presence bars and were not eligible to reenter. But if you can show no unlawful presence bars you can apply to adjust under section 245(k), which indicates that you may have up to 180 days of unlawful presence since last entry.
You need to answer their questions to the best of your ability. You do not know how much information they already have and you do not want to be accused of misrepresentation.
Maintenance of status issues are tricky. I would definitely use an attorney to respond. You want to provide all details you can as maintenance of status is on you to prove if you want to adjust status and not consular process. F-1 students out of status do not accrue unlawful presence but these are tricky issues.
You really need to meet with a lawyer for a fact sensitive question like this.
You will want to provide as much detail and documentation to accurately respond to the issue(s) in the RFE. This type of issue requires a detailed analysis of your F-1 status and timeline - I would recommend that you work with your immigration attorney to prepare a thorough response to USCIS.
