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Case Stories
❌ EB-3 Adjustment of Status Denied - INA 212(e) Two-Year Residency Misapplication - PD Unknown
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❌ **Case Status: Denied**
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An I-485 adjustment of status was denied due to USCIS misapplying the INA 212(e) two-year foreign residency requirement. The applicant's country was removed from the exchange visitor subject list in 2024, and a DOS advisory opinion confirmed no waiver is required. The applicant filed an I-290B motion to reopen before the 33-day deadline despite a concurrent Notice to Appear issued the same day.
An applicant with an approved I-130 had their I-485 denied when USCIS incorrectly applied the INA 212(e) two-year home residency requirement. The applicant proactively obtained a Department of State advisory opinion confirming their country is no longer on the exchange visitor subject list as of 2024, meaning no J-1 waiver was required. On the same date as the I-485 denial, USCIS also issued a Notice to Appear (NTA) initiating removal proceedings. The applicant chose to file an I-290B motion to reopen within the 33-day window rather than waiting for court termination, citing the strength of the DOS advisory opinion as direct evidence of USCIS error. The case was processed at the Jacksonville, FL field office with approximately 9 months from filing to interview.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1s129zb/i290b_with_a_nta/)**
*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 highlights a significant procedural risk: concurrent I-485 denials and NTA issuance are increasingly common, which creates a strategic tension between filing an I-290B versus waiting for immigration court termination before refiling. The Jacksonville FL field office has historically ranked among slower adjudicating offices. Applicants in similar situations where a denial stems from a regulatory change (country removed from exchange visitor list) should secure a DOS advisory opinion early in the process rather than waiting for USCIS to raise the issue. The 33-day I-290B window runs concurrently with removal proceedings, so acting quickly is critical. Note that USCIS is not bound to terminate proceedings even if the I-290B is granted — coordination between the motion and the immigration court docket is essential.