❌ EB-3 Immediate Relative Misclassification Denial - US Filed PD 2026-01

❌ **Case Status: Denied** --- Applicant's I-485 was incorrectly denied by USCIS Tampa Field Office after the agency misclassified the petitioner (a U.S. citizen) as a lawful permanent resident, placing the case in the F2A preference category instead of the immediate relative category. The denial cited visa unavailability under F2A cutoff dates, despite the spouse being a U.S. citizen at time of filing, which should have made the applicant an immediate relative with always-available visa numbers. An applicant filed concurrent I-130 and I-485 on January 2, 2026, based on marriage to a U.S. citizen spouse. After a marriage-based interview at the Tampa Field Office on May 12, 2026, USCIS issued a denial incorrectly treating the petition as F2A (spouse of lawful permanent resident) rather than immediate relative (spouse of U.S. citizen). The denial cited a priority date of January 2, 2026, against an F2A Dates for Filing cutoff of December 22, 2025. Under the correct classification, immediate relatives of U.S. citizens are not subject to visa number availability, making the denial a clear administrative error. The applicant is exploring options including service requests, motions to reopen (I-290B), and inquiries about fee waivers and EAD restoration. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1w0tynx/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.*