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Case Stories
⏳ EB-3 I-485 Jurisdictional Dispute - Removal Proceedings EOIR Transfer - PD Unknown
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⏳ **Case Status: Pending**
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Applicant in removal proceedings filed I-485 with USCIS concurrently with I-130. USCIS approved the I-130 but administratively closed the I-485, citing EOIR jurisdiction because USCIS determined the applicant is not an 'arriving alien.' The applicant and multiple attorneys believe this determination contradicts applicable regulations.
Applicant attended a USCIS I-485 interview while simultaneously in removal proceedings. The interviewing officer approved the I-130 petition but administratively closed the I-485, deferring jurisdiction to the immigration court (EOIR). The core dispute centers on the applicant's 'arriving alien' classification: USCIS determined the applicant is NOT an arriving alien, which under 8 CFR 1245.2(a)(1) shifts I-485 jurisdiction to the immigration judge. However, the applicant argues the Notice to Appear and attorney-cited regulations support arriving alien status, which would keep USCIS jurisdiction intact. The immigration judge had previously instructed the applicant to file the I-485 with USCIS and return in two years. The USCIS notice leaves a reopening option if EOIR does not adjudicate within a certain period, signaling ambiguity even within USCIS. The case is now effectively pending before EOIR.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1u7819d/i_went_to_the_uscis_interview_for_i485_lawyers/)**
*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.*
Jurisdictional disputes between USCIS and EOIR in concurrent removal/adjustment cases are a known source of significant delay. When USCIS administratively closes an I-485 citing EOIR jurisdiction, the applicant must re-pursue adjustment before the immigration judge, which often adds 1-3+ years depending on the court's docket. Applicants in removal proceedings with a concurrently pending I-130 should clarify their 'arriving alien' status with counsel before filing, as this classification is dispositive for which body has jurisdiction. Cases where USCIS and the NTA disagree on arriving alien status are rare but litigable — a motion to reopen with USCIS or a motion before the immigration judge to accept jurisdiction are both viable paths, though success rates are case-specific.