⏳ EB-3 Spousal I-485 Procedural Win - Motion to Terminate Removal Proceedings Granted

⏳ **Case Status: Pending** --- An applicant who filed I-130 and I-485 concurrently with a US citizen spouse faced administrative closure of their I-485 because USCIS incorrectly claimed the immigration judge had jurisdiction. The applicant, who entered via parole and is classified as an 'arriving alien,' successfully filed a pro se motion to terminate removal proceedings, with the judge confirming USCIS improperly refused to adjudicate the case. An applicant filed concurrent I-130 and I-485 petitions with a US citizen spouse in February 2026. After the I-130 was approved at interview, USCIS administratively closed the I-485 on the basis that an immigration judge held jurisdiction due to pending removal proceedings. The applicant identified a critical factual error: USCIS claimed they were not an arriving alien, but their Notice to Appear explicitly stated they were — having entered through parole, which carries arriving alien status. Without legal representation, the applicant filed a motion to terminate the removal proceedings shortly after the interview. The immigration judge granted the motion and ruled that USCIS 'improperly refuses' to adjudicate the case. The case is now pending reopening at USCIS, though no timeline is guaranteed. The applicant is pursuing follow-up through USCIS online chat after phone contact failed. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1vhegpg/motion_to_terminate_succeeded_judge_said_that/)** *Source: Reddit I-485 EB* --- *This post was automatically curated from online sources to share real case experiences with the community.*