❌ EB-3 Family-Based I-130 Denied - Interview Inconsistencies & Insufficient Evidence

❌ **Case Status: Denied** --- An I-130 petition was denied due to insufficient evidence and interview inconsistencies, leading to a concurrent I-485 denial. The petitioner received conflicting attorney advice regarding whether to file an EOIR-29 appeal, motion to reopen/reconsider, or a new I-130. A NOID response procedural issue further complicated the case. An I-130 petition was denied on grounds of insufficient evidence and interview inconsistencies. The denial triggered a concurrent I-485 denial. Unusual circumstances at the interview impacted the applicant's ability to participate normally, and a NOID was subsequently issued. A procedural complication arose when USCIS treated a separate correspondence as the official NOID response before the intended response could be submitted. The petitioner is now facing a filing deadline and has consulted multiple immigration attorneys, receiving conflicting guidance on the available remedies: 1. EOIR-29 Appeal – Listed on the I-130 denial as the available remedy; one attorney recommends following this path. 2. Motion to Reopen/Reconsider – Specifically mentioned in the I-485 denial as the avenue to challenge that decision; however, attorneys have not discussed this option in relation to the I-130. 3. New I-130 Filing – Suggested by some attorneys as an alternative that may allow new evidence to be submitted. The core tension is whether to appeal on the existing record or pursue a path that allows introduction of new or corrected evidence. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1wka1c8/conflicting_attorney_advice_after_i130_denial/)** *Source: Reddit I-485 EB* --- *This post was automatically curated from online sources to share real case experiences with the community.*