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Case Stories
❌ EB-3 Adjustment of Status Denied - Discretionary Factors
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❌ **Case Status: Denied**
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An I-485 adjustment of status application was denied by USCIS due to negative discretionary factors, specifically unauthorized employment and nonimmigrant overstay. Despite favorable factors including marriage to a US citizen and a US citizen child with no criminal record, USCIS determined the adverse factors outweighed the positive ones.
An I-485 adjustment of status application was denied based on USCIS exercising negative discretion. The denial cited two primary adverse factors: working in the US in violation of nonimmigrant status terms, and being in an overstay status. The applicant had favorable factors including an immediate relative relationship (spouse of US citizen) and a US citizen child, along with a clean criminal record. USCIS concluded that the favorable factors did not outweigh the adverse discretionary factors.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1rwj3a8/i_485_denied/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
This case illustrates a critical risk in adjustment of status applications: USCIS retains broad discretionary authority to deny I-485 even when the applicant is technically eligible. Unauthorized employment and overstay are significant negative factors that can override otherwise strong cases. Applicants with similar histories should consult an immigration attorney before filing, as options may include consular processing (if eligible), or filing a motion to reopen/reconsider with additional evidence of equities. The presence of immediate US citizen family members is a positive factor but not a guarantee of approval when discretionary grounds are at issue.