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Case Stories
⏳ EB-3 F2B I-485 Pending - I-130 Terminated After NVC Inactivity
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⏳ **Case Status: Pending**
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An F2B applicant filed I-485 in November 2022 based on an approved 2016 I-130. NVC terminated the case for inactivity despite the pending I-485, which triggered a USCIS termination of the I-130. NVC has since reinstated the case, but the I-130 termination by USCIS remains a concern.
An F2B family-based preference applicant had their I-130 approved and sent to NVC after filing in 2016. In November 2022, the applicant filed Form I-485 for adjustment of status inside the U.S. After filing, NVC processing was not pursued since the applicant was adjusting status domestically. NVC terminated the case under INA 203(g) for inactivity, and USCIS subsequently terminated the underlying I-130. The applicant contacted NVC citing FAM guidance that cases should not be terminated when an applicant is pursuing adjustment of status — NVC reinstated the case. The I-485 remains pending since 2022. Outstanding issues include whether USCIS will honor the NVC reinstatement and correct the I-130 termination record, and whether the still-pending I-485 is at risk of denial. A complication exists around the I-130 termination notice being sent to an outdated address, creating a time-sensitive deadline for reopening.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1t0dvlm/f2b_i130_terminated_by_uscis_after_nvc/)**
*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 procedural trap for adjustment of status applicants: NVC does not automatically know you filed I-485, and inactivity terminations under INA 203(g) can cascade to the underlying I-130 at USCIS. FAM 42.61 N2.1 does provide that NVC should not terminate cases where adjustment of status is being pursued, and applicants who successfully invoke this have had NVC reinstatements honored. However, USCIS correcting an I-130 termination record based on NVC reinstatement is less documented. If you are in a similar situation, act immediately: file a motion to reopen the I-130 (Form I-290B) within 30 days of the termination notice, simultaneously upload NVC reinstatement evidence to your I-485 case, and consider contacting your congressional representative's casework office to expedite USCIS record correction. I-485 cases pending since 2022 in the F2B category are not unusual given current backlogs, but a terminated underlying petition creates significant additional risk.