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Case Stories
❌ EB-3 Adjustment of Status Denied - Missing Birth Certificates, I-290B Filed
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❌ **Case Status: Denied**
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A family's I-485 adjustment of status was denied due to missing birth certificate evidence for the parents. With EAD validity expired post-denial, the family is pursuing an I-290B motion to reopen/reconsider while facing a departure deadline within one month.
A family undergoing EB-3 adjustment of status had their I-485 denied because birth certificates for both parents were not submitted with the original filing. The mother has since obtained her birth certificate, while the father's is still being procured through a formal process. Following the denial, the family's EAD-based status lapsed, and they were given approximately one month to either depart or file an I-290B motion to reopen. Their attorney filed the I-290B and expressed cautious optimism, noting the possibility of a hearing where an immigration judge could rule on the case. The family is preparing for both outcomes — potential approval or required departure.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1tprhre/i485_denied_due_to_missing_evidence_what_are_the/)**
*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.*
I-290B motions to reopen based on missing evidence have a meaningful chance of success when the evidence gap is documentable and the missing items (e.g., birth certificates) can now be provided. USCIS generally looks favorably on reopening where the denial was procedural rather than substantive. However, approval is not guaranteed, and processing times for I-290B can range from several months to over a year. Cases denied under the current enforcement climate face added pressure due to stricter AOS policies. Families in similar situations should ensure all missing documents are fully gathered before or immediately after filing the I-290B, and should confirm whether a Notice to Appear (NTA) has been or may be issued following the I-485 denial, as that changes the venue to immigration court.