⏳ EB-3 Adjustment of Status Pending - Mexico NOID & I-290B Motion to Reopen

⏳ **Case Status: Pending** --- Applicant entered on B1/B2 visa in 2013 and remained in the U.S. while mother surrendered I-94 at border crossing, creating a discrepancy in USCIS records. After marriage to U.S. citizen, I-485 was denied because NOID response was deemed untimely, preventing review of submitted evidence. Attorney filed I-290B Motion to Reopen with extensive continuous presence documentation. Applicant entered the U.S. legally on a B1/B2 tourist visa in 2013. The applicant's mother subsequently surrendered the applicant's I-94 when she crossed back into Mexico, while the applicant remained in the U.S. continuously. The applicant completed high school and earned a bachelor's degree in the U.S. After marrying a U.S. citizen, the applicant filed for adjustment of status. During the I-485 interview, the officer flagged the I-94 surrender as evidence the applicant had departed. USCIS issued a Notice of Intent to Deny (NOID). The attorney submitted a comprehensive response with evidence of continuous U.S. presence; however, USCIS denied the I-485 on procedural grounds — the NOID response was received after the deadline, so the evidence was not reviewed on the merits. An I-290B Motion to Reopen was subsequently filed, accompanied by school records, college transcripts, bank records, insurance records, dental records, and sworn affidavits. The motion has been received and the filing fee accepted. The case is currently pending a decision on the motion. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1v5li1l/noid_fraudmisrepresentation/)** *Source: Reddit I-485 EB* --- *This post was automatically curated from online sources to share real case experiences with the community.*