⏳ EB-3 Derivative Beneficiary Pending - India-born PD 09/2013 I-94 CBP Admission Error

⏳ **Case Status: Pending** --- A derivative EB-3 beneficiary (CSPA-protected, Canadian citizen, India-born sponsor) returned to the US via O'Hare using valid Advance Parole but was admitted as a visitor by CBP instead of being paroled in. Despite contacting CBP's deferred inspection office and multiple emails, CBP denied the I-94 correction, leaving the pending I-485 at risk of abandonment. A derivative EB-3 beneficiary protected under CSPA, with a priority date of September 2013 (India-born principal), has a pending I-485 and holds valid Advance Parole. The applicant had previously traveled abroad four times and was properly paroled back each time. On the most recent return through O'Hare in July 2026, the CBP officer waived the applicant through without reviewing AP documents, resulting in the I-94 reflecting a B-2 visitor admission rather than a parole entry. The applicant promptly visited the CBP deferred inspection office and initiated an email correction request, but CBP denied it, claiming the admission was not entered incorrectly. The immigration attorney of record has not encountered this exact scenario before and is recommending congressional intervention. A second attorney consultation is planned. The core legal risk is that USCIS could deem the I-485 abandoned on the basis that the applicant re-entered as a visitor (a non-parolee) rather than under Advance Parole, which is required to maintain adjustment eligibility in this context. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1vukip5/i485_abandonment_risk_after_being_admitted_as_a/)** *Source: Reddit I-485 EB* --- *This post was automatically curated from online sources to share real case experiences with the community.*