Case Stories

❌ EB-3 I-140/I-485 Denial - B1/B2 Reentry Risk After Green Card Denial

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❌ **Case Status: Denied** --- Applicant entered the US on B1/B2, filed I-140 and I-485 after 3 months, and remained lawfully under pending I-485 status after I-94 expiration. I-140 was denied, triggering departure and subsequent I-485 denial. Applicant now faces potential immigrant intent bar on B1/B2 reentry. Applicant entered the US on a B1/B2 visa and filed both I-140 and I-485 approximately 3 months after entry. While the petition was pending, the I-94 expired; the applicant remained in the US under the lawful stay protection afforded by a pending I-485. The I-140 was ultimately denied, prompting immediate voluntary departure. The I-485 was denied shortly after departure. The applicant's B1/B2 visa remains technically valid and expires in March. The applicant is now asking whether a prior green card application creates an immigrant intent presumption that would result in CBP denial of a future B1/B2 entry, and whether having maintained lawful status throughout provides any protective factor. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1w0qp5w/cbp_denial_of_b1b2_entry_based_on_prev_green_card/)** *Source: Reddit I-140 EB* --- *This post was automatically curated from online sources to share real case experiences with the community.*

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