Asked to leave country prior to filing i-485, should I mention it? i-539

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CeciRan

Registered Users (C)
I have my first i-485 interview coming up and I need some advice regarding a NOTICE OF DECISION that was send to me prior to my having getting married.

Short version:
I was admitted with a tourist visa, during that time I took a course (school), I then dropped that course. Shortly after, while my visa was still valid, I filed a i-539 (Application to extend/change nonimmigrant status). By the time I received a response (a denial) my visa was expired and in THAT notice of action I was instructed to depart the United States; I did not.

Questions:
1. Is this something that I should take and present to the interviewer?
2. If asked about it, even in a broader more general way (i.e."have you ever been asked to leave the country"), should I acknowledge that letter or just answer "no", "not that I remember", etc...?

I'm very nervous about it and unsure about what I should do.

3. If I must acknowledge the i-539 at the interview, my reason for "staying" (even after having been asked to leave) had to do with my father feeling ill. It took several months after my visa had expired to finally find out what was going on but he was eventually diagnosed with metastatic cancer. I willfully chose to stay and take care of him for that reason. Might I be asked to leave the country just based on me not leaving initially?

Thanks!
 
What is the basis of your I-485? Marriage to a US citizen? How long have you stayed in the US since your tourist status expired? Did you ever leave the US and reenter since that denial of your extension?
 
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If I must acknowledge the i-539 at the interview, my reason for "staying" (even after having been asked to leave) had to do with my father feeling ill.
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That reason is not believable, given that you stayed for 6 years.

However, if your only instruction to leave the US was that extension denial letter, and you did not receive a "Notice to Appear" (in immigration court) and have never been detained by immigration authorities, it is almost certain that you are not and were not in removal proceedings. So given that you are married to a US citizen, your I-485 should still be approved despite your overstay and that denial letter. But you still have to mention that letter if asked about being instructed to leave the US. It is on file, and they will crucify you if you if you don't acknowledge it and they discover it.
 
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