Answering "Yes" for " how to answer "Have you ever been unlawfully present, overstayed the amount of time granted?" on DS160 form?" on DS160

[seattle12]

Hi 

My husband entered USA on L2 visa on Feb 2015. Since his Passport was about to expire in Dec 2015 he got the i94 only till December 2015 though his L2 VISA was valid until Feb 2018.  

After extending  passport we forgot to extend i94.  We realized it only in Feb 2016 so he ended up staying with expired i94 for one month. Immediately he exited and reentered to get new i94.   

After that he did a change  of status from L2 to H1.  Now he is going  for H1 stamping for the first time to India.  In DS160 we have this question "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?"

please advise if  he should answer "Yes" to the above question. 

Share your  experience if you answer Yes and faced any issues with stamping.

[shekar11#]

On 3/16/2017 at 1:08 PM, seattle12 said:

Hi 

My husband entered USA on L2 visa on Feb 2015. Since his Passport was about to expire in Dec 2015 he got the i94 only till December 2015 though his L2 VISA was valid until Feb 2018.  

After extending  passport we forgot to extend i94.  We realized it only in Feb 2016 so he ended up staying with expired i94 for one month. Immediately he exited and reentered to get new i94.   

After that he did a change  of status from L2 to H1.  Now he is going  for H1 stamping for the first time to India.  In DS160 we have this question "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?"

please advise if  he should answer "Yes" to the above question. 

Share your  experience if you answer Yes and faced any issues with stamping.

He should answer Yes to that question. If not the visa officer will know that he lied on DS-160 and he might have to face serious consequences.