❌ EB-3 Skilled Worker Denied - India/Unknown PD - I-485 Denied at Interview, Motion to Reopen Filed

❌ **Case Status: Denied** --- An EB-3 skilled worker applicant had their I-485 denied at interview due to an alleged unlawful presence gap between Aug 2006 and Aug 2007, stemming from their mother's F1 status change when the applicant was 8 years old. The officer determined the first F1 application abandonment rendered the second F1 invalid, creating an unlawful presence period. The applicant's lawyer filed a Motion to Reopen with arguments that the applicant was a minor with no control over the situation. I-485 interview for EB-3 Skilled Worker category was conducted on August 11. During the interview, a USCIS officer identified a purported unlawful presence gap from August 2006 to August 2007, related to the applicant's mother's F1 status change. The applicant had arrived in the US at age 6 on a B2 visa, transitioned to R2 (dependent of R1), then to F2 (dependent of F1). The officer argued that because the first F1 application was abandoned, the second approved F1 should also be considered invalid, creating unlawful presence for the then-8-year-old dependent. The I-485 was denied without an RFE or NOID following supervisory review. A Motion to Reopen was filed with two grounds: (1) the applicant was a minor with no control over their parent's immigration filings, and (2) a FOIA request was submitted to obtain original F1/F2 documentation. The case raises important questions about dependent children's status when a parent's visa status is retroactively questioned. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1xdjply/success_rate_of_motion_to_reopen_i485_denied/)** *Source: Reddit EB-3 search* --- *This post was automatically curated from online sources to share real case experiences with the community.*