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Case Stories
❌ EB-3 I-485 Denied + Removal Proceedings - Venezuela PD Unknown
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❌ **Case Status: Denied**
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A Venezuelan national under DACA had both her I-130 and I-485 denied due to an allegedly missing form, despite the petitioner claiming it was submitted twice. The case was closed, but the I-485 later updated to 'processing' before a Notice to Appear for removal proceedings was issued.
A couple filed concurrent I-130 and I-485 petitions. Both were denied with a stated reason of a missing form, despite documentation indicating the form was resubmitted twice upon request. Cases were marked closed. The couple delayed refiling due to a filing pause and financial constraints. The I-485 unexpectedly updated to 'processing' status despite being closed. Shortly after, the Venezuelan national received a Notice to Appear (NTA) for immigration court, initiating removal proceedings. The beneficiary holds active DACA status with approximately one year remaining before renewal. The petitioner is seeking guidance on whether DACA status alone is sufficient defense at the hearing or whether refiling is advisable before the court date.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1t4wum0/court_date_for_removal/)**
*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.*
Cases with concurrent I-130/I-485 denials due to missing documentation followed by NTA issuance represent a serious escalation that DACA status alone may not fully resolve. DACA provides deferred action, not lawful status, and does not automatically prevent removal proceedings — immigration judges have discretion. An I-485 updating to 'processing' after closure may indicate USCIS transferring the record to EOIR rather than reopening the petition. Individuals in this situation should retain a qualified immigration attorney before the court date, as the hearing requires presenting a legal defense, not just evidence of DACA. Refiling while in removal proceedings is procedurally complex and may require the judge's permission.