❌ EB-2/EB-1B I-485 Discretionary Denial - China - Alleged Misrepresentation

❌ **Case Status: Denied** --- An employment-based I-485 was denied solely as a matter of discretion after USCIS identified two alleged inconsistencies: a CCP membership disclosure gap between DS-160 and I-485 forms, and a 2015 airport secondary inspection characterized as a CBP detention. The applicant, a public university employee with 13 years of US residence and two approved I-140s, received no RFE or NOID before denial. The case now faces three potential paths: I-290B motion, new I-485 filing, or consular processing. An employment-based I-485 applicant with approximately 13 years of US residence (F-1/OPT to H-1B), two approved I-140 petitions (EB-2 NIW and EB-1B), no criminal history, and employment at a public university received a discretionary I-485 denial without a prior RFE or NOID. USCIS cited two alleged inconsistencies: (1) 2013–2014 DS-160 forms answered 'No' to membership in professional/social/charitable organizations, while the I-485 separately and truthfully disclosed prior Chinese Communist Party membership that ended 5+ years before filing; (2) a 2015 airport secondary inspection involving a missing I-20 was characterized by CBP records as a 'detention,' which the applicant did not disclose as an arrest/citation/detention. USCIS acknowledged full visa compliance but deemed the inconsistencies to outweigh positive factors. FOIA requests were filed with DOS, USCIS, and CBP to obtain the underlying records. A minor US-citizen child with significant disabilities, whose circumstances were not developed in the original filing, represents an additional equitable factor. Attorneys identified three options: I-290B motion to reopen/reconsider, new I-485 filing, or consular immigrant visa processing on one of the approved I-140s. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1vcef01/employmentbased_i485_denied_solely_as_a_matter_of/)** *Source: Reddit EB-3 search* --- *This post was automatically curated from online sources to share real case experiences with the community.*