Case Stories

❌ EB-3 Immediate Relative Denied - Misclassified as F2A - US PD 2026-01

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❌ **Case Status: Denied** --- A concurrent I-130/I-485 filing based on marriage to a U.S. citizen was incorrectly denied after USCIS misclassified the petitioner as F2A (spouse of permanent resident) instead of an immediate relative. The denial cited visa unavailability under F2A cutoff dates, despite the petitioner's spouse holding U.S. citizenship at time of filing. The case raises questions about USCIS error correction procedures via motion to reopen (I-290B). A filer submitted concurrent I-130 and I-485 petitions on January 2, 2026, based on marriage to a U.S. citizen. The couple attended their marriage-based adjustment interview on May 12, 2026. USCIS subsequently denied the I-485, incorrectly classifying the case under the F2A preference category (spouses of lawful permanent residents) rather than as an immediate relative (IR-1), which carries no visa number backlog. The denial cited a priority date of January 2, 2026, against an F2A Dates for Filing cutoff of December 22, 2025 — a distinction that would be irrelevant had the correct immediate relative classification been applied. The filer is now exploring remedies including informal service requests, a formal Motion to Reopen/Reconsider (Form I-290B), EAD restoration, and potential fee waiver given the error originated with USCIS. --- **[📎 View Original Post](https://www.reddit.com/r/greencard/comments/1w0tzac/uscis_denied_my_i485_after_incorrectly_treating/)** *Source: Reddit I-485 EB* --- *This post was automatically curated from online sources to share real case experiences with the community.*

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