❌ EB-3 Family-Based I-485 Denied - Overstay Bars Adjustment of Status

❌ **Case Status: Denied** --- A 19-year-old student who entered the US legally on a B2 visa in 2021 had their I-485 denied after overstaying their nonimmigrant status. The denial was issued because the applicant was not in lawful nonimmigrant status at the time of filing, and does not qualify under INA 245(i). A Notice to Appear (NTA) has been issued with a master hearing scheduled within two weeks. A young individual who entered the US legally on a B2 visa in March 2021 overstayed after their status expired in September 2021. Both parents hold green cards, and an I-130 petition was filed on their behalf. However, an I-485 adjustment of status application was filed without recognizing a critical eligibility bar: applicants who are out of status at the time of filing cannot adjust status under INA 245(a) unless they qualify for an exception such as INA 245(i) (which requires a qualifying petition filed before April 30, 2001) or are immediate relatives of US citizens. Since the petitioners are green card holders (not US citizens), the immediate relative exception does not apply. Following the I-485 denial, USCIS issued a Notice to Appear, initiating removal proceedings. The master hearing is scheduled within two weeks. Mitigating factors include: no criminal history, legal initial entry, active military sibling, and ongoing university enrollment. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1v5kuei/notice_to_appear/)** *Source: Reddit I-485 EB* --- *This post was automatically curated from online sources to share real case experiences with the community.*