❌ EB-3 Family-Based I-485 Denied - Misrepresentation/Entry Issue PD N/A

❌ **Case Status: Denied** --- A US citizen filed I-130 and I-485 for his spouse. The I-485 was denied due to failure to prove lawful inspection and admission, stemming from a relative returning the beneficiary's I-94 at the border 25 years ago. After refiling with an I-601 waiver, an NTA was issued two days before the interview, causing USCIS to cancel the interview and deny both applications for lack of jurisdiction. A US citizen petitioner successfully obtained I-130 approval for his spouse but faced I-485 denial due to inability to prove lawful inspection and admission at entry. The core issue involved a relative returning the beneficiary's I-94 at the border approximately 25 years prior, creating a record suggesting the beneficiary was not present in the country. The couple refiled the I-485 along with an I-601 waiver for misrepresentation. However, two days before the scheduled interview, USCIS issued a Notice to Appear (NTA), placing the beneficiary in removal proceedings. USCIS cancelled the interview and subsequently denied both the I-485 and I-601, citing lack of jurisdiction due to the pending NTA. The case now moves to Immigration Court, where the couple intends to renew both applications before an Immigration Judge (IJ). A key procedural concern is whether prior USCIS filing fees can be credited toward the Immigration Court filings. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1wf7hv1/fees/)** *Source: Reddit I-485 EB* --- *This post was automatically curated from online sources to share real case experiences with the community.*