Why even “close” five days of status violation if 245(k) forgives them when you apply for a green card? What does it mean to “close” those days — is it about getting a new I-94 or something else? And what do they ask about such a gap at the green card interview — does the officer look at 245(k) or is it not raised at all?
Section 245(k) doesn’t require “closing days”; the provision itself cures the violation when filing Form I-485.
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Roughly speaking, “закрыть дни” comes from the mindset of people who think the violation should be wiped out by a new entry or by extending status. Section 245(k) exists precisely for that — it covers up to 180 days of accrued unlawful presence since the last entry, with no additional steps. At the interview the officer asks about periods without status on Form I-485, Part 8, records the answer and moves on if 245(k) covers it.
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The officer didn’t even ask about those days; he just checked the I-485 form.
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Well, the green card interview really isn’t as scary as it seems. In my experience the officer follows Form I-485 strictly and just checks boxes; five days under 245(k) is hardly a reason for a long conversation. The main thing is to answer honestly and don’t pretend nothing happened.
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Everyone’s freaking out, but at the interview it’s five days with 245(k) — not even worth mentioning)
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When we applied, we were also afraid of that question — it turned out the officer looked at the form, saw 245(k) was applicable and just checked the box. Five days is nothing by the provision’s standards; it covers up to 180.
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I-94 doesn’t apply to this. Section 245(k) counts days from the last entry — if it’s not more than 180, you can file Form I-485 without any additional steps.
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