❌ EB-3 Skilled Worker I-485 Denied - Pending Asylum Complication

❌ **Case Status: Denied** --- An EB-3 skilled worker with an approved I-140 had their I-485 denied due to lack of valid status, as USCIS did not recognize pending asylum as a qualifying status for Adjustment of Status. Following the denial, the applicant received an NTA and is now weighing asylum proceedings versus consular processing under current travel restrictions. Applicant had an approved I-140 under EB-3 skilled worker category but was denied I-485 because USCIS determined there was no valid underlying status to support Adjustment of Status — pending asylum was not accepted as a qualifying status. After the denial, USCIS issued an NTA (Form I-862) scheduling a court hearing in September 2026, though the hearing was later dropped from the calendar. A Form I-589 asylum interview was then scheduled for October 2026. The applicant is now considering two paths: (1) pursue asylum at the USCIS interview, or (2) cancel the asylum interview, depart voluntarily, and pursue consular processing — complicated by the fact that their home country is on a restricted list and US consular operations remain frozen for that process. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1wuq11x/eb3_with_pending_asylum/)** *Source: Reddit I-485 EB* --- *This post was automatically curated from online sources to share real case experiences with the community.*