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Case Stories
❌ EB-3 Employment-Based Denied - I-485 Discretionary Denial Due to DUI, I-290B Motion to Reopen Planned
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❌ **Case Status: Denied**
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A marriage-based I-485 was denied on discretionary grounds due to a recent DUI conviction, despite an approved I-130. The applicant is preparing an I-290B Motion to Reopen with rehabilitation evidence, hardship documentation, and notice of a pending criminal appeal.
An I-485 adjustment of status application was denied by USCIS as a matter of discretion, citing a recent DUI conviction, even though the underlying I-130 petition had been approved and eligibility for adjustment was not disputed. The denial was explicitly discretionary—not based on marriage fraud or statutory ineligibility. The applicant is now preparing an I-290B Motion to Reopen. Planned evidence includes proof of completed court-ordered requirements (fines, DUI school, community service), character letters, hardship affidavits, documentation of the pending criminal appeal, and evidence of logistical difficulties associated with consular processing while the appeal remains unresolved. The case raises important questions about the weight USCIS gives to rehabilitation efforts and pending appeals in discretionary denial scenarios.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1udxc87/i485_denied_despite_approved_i130_due_to/)**
*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.*
Discretionary I-485 denials based on criminal history—particularly DUIs—are increasingly common and represent one of the harder categories to overturn on motion. I-290B success rates for discretionary denials are low but not zero; the strongest motions typically demonstrate a material change in circumstances (e.g., conviction overturned or expunged) or show USCIS failed to weigh favorable equities. A pending appeal alone is generally insufficient unless it has resulted in a stay of the conviction. Cases with approved I-130s but discretionary denials often end up on consular processing paths; applicants in similar situations should consult with counsel about whether a DS-5540 (moral character supplement) strategy at the consulate differs meaningfully from the I-290B path. Hardship evidence is relevant but USCIS has historically weighed it less heavily in criminal discretion cases than in cancellation of removal proceedings.