K-2's and AAO's decision on adustment

[Girona40 0]

I haven't posted on here for some time due to a disagreement with one of the other posters. However, I feel that the news we received this morning is of paramount importance for anyone bringing their sons or daughters into the US on a K-2 visa.

The USCIS took ten months to adjudicate our son's case, by which time he turned 21. In some District Offices this takes even longer. The USCIS sent our case to the Administrative Appeals Office for a "certified" decision. This is a decision that will be applied to ALL K-2's that find themselves in our situation, across the entire USA.

Their decision agreed with the District Office and they too feel that my son was not eligible for AOS because he was over the age of 21 when they got round to adjudicating his case. Bearing in mind the time it takes for background checks to be completed, if anyone has a K-2 son or daughter applying for AOS when they are anywhere near to 21 years old, they will now be denied.

My son is now faced with deportation proceedings, after living here in the USA for three and a half years, having given up everything in the UK. He is effectively being told "Yes, you were entitled to come here, you were entitled to apply for AOS, but you were not entitled to adjust because we took so long processing your paperwork. You are now required to return to your country of origin, the place where you now have nothing!"

Sorry to be the bearer of this news, but this family is devestated and I still can't believe this has happened.

[LaL 418]

Girona - I am so sorry to read this. This is beaurocratic garbage, and I am so sorry this has happened to your family.

[I'm Gone 60]

So do you have any recourse now? Can you petition him right away as a family member if he goes back?

[diadromous mermaid 36]

I haven't posted on here for some time due to a disagreement with one of the other posters. However, I feel that the news we received this morning is of paramount importance for anyone bringing their sons or daughters into the US on a K-2 visa.

The USCIS took ten months to adjudicate our son's case, by which time he turned 21. In some District Offices this takes even longer. The USCIS sent our case to the Administrative Appeals Office for a "certified" decision. This is a decision that will be applied to ALL K-2's that find themselves in our situation, across the entire USA.

Their decision agreed with the District Office and they too feel that my son was not eligible for AOS because he was over the age of 21 when they got round to adjudicating his case. Bearing in mind the time it takes for background checks to be completed, if anyone has a K-2 son or daughter applying for AOS when they are anywhere near to 21 years old, they will now be denied.

My son is now faced with deportation proceedings, after living here in the USA for three and a half years, having given up everything in the UK. He is effectively being told "Yes, you were entitled to come here, you were entitled to apply for AOS, but you were not entitled to adjust because we took so long processing your paperwork. You are now required to return to your country of origin, the place where you now have nothing!"

Sorry to be the bearer of this news, but this family is devestated and I still can't believe this has happened.

Girona,

I'm speechless, save for one word, "flabberghasted". The K types are a relatively recent phenomenon, and admittedly, some provisions when amendment was made to the INA, may have been either overlooked or silent. Do you feel you were adequately represented by counsel? What was the reaction of your immigration attorney? Any recourse?

With LIFE Act, family unity and similar efforts to preserve the family in immigration....there must be a way!

[Girona40 0]

So do you have any recourse now? Can you petition him right away as a family member if he goes back?

We already have an approved I-130, but it makes no difference really. They are currently working with 1997 cases - therefore, he would have to wait 9 years before his priority date came current

What I am concerned about is how this is going to effect ALL other people in the same position. Any K-2 entering the country will be faced with deportation if the USCIS don't adjudicate their application before they turn 21.

Seems so unjust to allow them to come here and then do this to them.

[diadromous mermaid 36]

So do you have any recourse now? Can you petition him right away as a family member if he goes back?

We already have an approved I-130, but it makes no difference really. They are currently working with 1997 cases - therefore, he would have to wait 9 years before his priority date came current

What I am concerned about is how this is going to effect ALL other people in the same position. Any K-2 entering the country will be faced with deportation if the USCIS don't adjudicate their application before they turn 21.

Seems so unjust to allow them to come here and then do this to them.

In the interest of privacy, if you do have the information handy, please don't post on the board, but will this AAO decision, relative to your son's case, be a published Interim Decision?

[Girona40 0]

I haven't posted on here for some time due to a disagreement with one of the other posters. However, I feel that the news we received this morning is of paramount importance for anyone bringing their sons or daughters into the US on a K-2 visa.

The USCIS took ten months to adjudicate our son's case, by which time he turned 21. In some District Offices this takes even longer. The USCIS sent our case to the Administrative Appeals Office for a "certified" decision. This is a decision that will be applied to ALL K-2's that find themselves in our situation, across the entire USA.

Their decision agreed with the District Office and they too feel that my son was not eligible for AOS because he was over the age of 21 when they got round to adjudicating his case. Bearing in mind the time it takes for background checks to be completed, if anyone has a K-2 son or daughter applying for AOS when they are anywhere near to 21 years old, they will now be denied.

My son is now faced with deportation proceedings, after living here in the USA for three and a half years, having given up everything in the UK. He is effectively being told "Yes, you were entitled to come here, you were entitled to apply for AOS, but you were not entitled to adjust because we took so long processing your paperwork. You are now required to return to your country of origin, the place where you now have nothing!"

Sorry to be the bearer of this news, but this family is devestated and I still can't believe this has happened.

Girona,

I'm speechless, save for one word, "flabberghasted". The K types are a relatively recent phenomenon, and admittedly, some provisions when amendment was made to the INA, may have been either overlooked or silent. Do you feel you were adequately represented by counsel? What was the reaction of your immigration attorney? Any recourse?

With LIFE Act, family unity and similar efforts to preserve the family in immigration....there must be a way!

This visa has actually been around since the 1970's. It is only recently that issues like ours have become a problem. There have been many K-2's that adjusted status just fine, even after reaching 21, but now the AAO's Decision is going to put a stop to that.

The time difference means that our attorney has not heard the news yet. I feel he put together a great argument but the AAO are not in agreement with him.

Our only recourse now is probably to take this to Court. The problem being that this is going to totally bankrupt us and if they too agree with the AAO's decision, we will be returning to the UK with absolutely nothing but the clothes we stand in!

With all the talk of family reunification, it seems totally crazy to me that after my son has lived here three and a half years, done nothing wrong, paid all the fees (in fact, he is in Pittsburgh now, as I type, having is biometrics done for his 4th EAD and hasn't heard the news!!!) broken no laws, he is being told he has to return to his country of origin, simply because he turned 21 during the AOS adjudication process.

What about all the other K-2's about to enter the US, nearing 21? They are now going to be told that they cannot adjust status if their AOS application isn't adjudicated before they turn 21. There are going to be many that simply can't get through the background checks in time.

It makes no sense to me!

[diadromous mermaid 36]

I haven't posted on here for some time due to a disagreement with one of the other posters. However, I feel that the news we received this morning is of paramount importance for anyone bringing their sons or daughters into the US on a K-2 visa.

The USCIS took ten months to adjudicate our son's case, by which time he turned 21. In some District Offices this takes even longer. The USCIS sent our case to the Administrative Appeals Office for a "certified" decision. This is a decision that will be applied to ALL K-2's that find themselves in our situation, across the entire USA.

Their decision agreed with the District Office and they too feel that my son was not eligible for AOS because he was over the age of 21 when they got round to adjudicating his case. Bearing in mind the time it takes for background checks to be completed, if anyone has a K-2 son or daughter applying for AOS when they are anywhere near to 21 years old, they will now be denied.

My son is now faced with deportation proceedings, after living here in the USA for three and a half years, having given up everything in the UK. He is effectively being told "Yes, you were entitled to come here, you were entitled to apply for AOS, but you were not entitled to adjust because we took so long processing your paperwork. You are now required to return to your country of origin, the place where you now have nothing!"

Sorry to be the bearer of this news, but this family is devestated and I still can't believe this has happened.

Girona,

I'm speechless, save for one word, "flabberghasted". The K types are a relatively recent phenomenon, and admittedly, some provisions when amendment was made to the INA, may have been either overlooked or silent. Do you feel you were adequately represented by counsel? What was the reaction of your immigration attorney? Any recourse?

With LIFE Act, family unity and similar efforts to preserve the family in immigration....there must be a way!

This visa has actually been around since the 1970's. It is only recently that issues like ours have become a problem. There have been many K-2's that adjusted status just fine, even after reaching 21, but now the AAO's Decision is going to put a stop to that.

The time difference means that our attorney has not heard the news yet. I feel he put together a great argument but the AAO are not in agreement with him.

Our only recourse now is probably to take this to Court. The problem being that this is going to totally bankrupt us and if they too agree with the AAO's decision, we will be returning to the UK with absolutely nothing but the clothes we stand in!

With all the talk of family reunification, it seems totally crazy to me that after my son has lived here three and a half years, done nothing wrong, paid all the fees (in fact, he is in Pittsburgh now, as I type, having is biometrics done for his 4th EAD and hasn't heard the news!!!) broken no laws, he is being told he has to return to his country of origin, simply because he turned 21 during the AOS adjudication process.

What about all the other K-2's about to enter the US, nearing 21? They are now going to be told that they cannot adjust status if their AOS application isn't adjudicated before they turn 21. There are going to be many that simply can't get through the background checks in time.

It makes no sense to me!

Indeed! In the interim, while he has an approved I-130 and there is a substantial wait for a visa #, any thoughts on pursuing a non-immigrant status, (dual intent) that could help to sustain residency here and stave off removal BEFORE removal proceedings are underway?

[Girona40 0]

I haven't posted on here for some time due to a disagreement with one of the other posters. However, I feel that the news we received this morning is of paramount importance for anyone bringing their sons or daughters into the US on a K-2 visa.

The USCIS took ten months to adjudicate our son's case, by which time he turned 21. In some District Offices this takes even longer. The USCIS sent our case to the Administrative Appeals Office for a "certified" decision. This is a decision that will be applied to ALL K-2's that find themselves in our situation, across the entire USA.

Their decision agreed with the District Office and they too feel that my son was not eligible for AOS because he was over the age of 21 when they got round to adjudicating his case. Bearing in mind the time it takes for background checks to be completed, if anyone has a K-2 son or daughter applying for AOS when they are anywhere near to 21 years old, they will now be denied.

My son is now faced with deportation proceedings, after living here in the USA for three and a half years, having given up everything in the UK. He is effectively being told "Yes, you were entitled to come here, you were entitled to apply for AOS, but you were not entitled to adjust because we took so long processing your paperwork. You are now required to return to your country of origin, the place where you now have nothing!"

Sorry to be the bearer of this news, but this family is devestated and I still can't believe this has happened.

Girona,

I'm speechless, save for one word, "flabberghasted". The K types are a relatively recent phenomenon, and admittedly, some provisions when amendment was made to the INA, may have been either overlooked or silent. Do you feel you were adequately represented by counsel? What was the reaction of your immigration attorney? Any recourse?

With LIFE Act, family unity and similar efforts to preserve the family in immigration....there must be a way!

This visa has actually been around since the 1970's. It is only recently that issues like ours have become a problem. There have been many K-2's that adjusted status just fine, even after reaching 21, but now the AAO's Decision is going to put a stop to that.

The time difference means that our attorney has not heard the news yet. I feel he put together a great argument but the AAO are not in agreement with him.

Our only recourse now is probably to take this to Court. The problem being that this is going to totally bankrupt us and if they too agree with the AAO's decision, we will be returning to the UK with absolutely nothing but the clothes we stand in!

With all the talk of family reunification, it seems totally crazy to me that after my son has lived here three and a half years, done nothing wrong, paid all the fees (in fact, he is in Pittsburgh now, as I type, having is biometrics done for his 4th EAD and hasn't heard the news!!!) broken no laws, he is being told he has to return to his country of origin, simply because he turned 21 during the AOS adjudication process.

What about all the other K-2's about to enter the US, nearing 21? They are now going to be told that they cannot adjust status if their AOS application isn't adjudicated before they turn 21. There are going to be many that simply can't get through the background checks in time.

It makes no sense to me!

Indeed! In the interim, while he has an approved I-130 and there is a substantial wait for a visa #, any thoughts on pursuing a non-immigrant status, (dual intent) that could help to sustain residency here and stave off removal BEFORE removal proceedings are underway?

Pursuing another non-immigrant (dual intent) status is not an option for my son. His circumstances do not make it viable.

This situation needs to be fixed - the K-2 visa is a worthless piece of paper if they cannot adjust status from it, if they reach 21 during the processing. This is a situation that is out of the applicant's control - the length of time to get background checks etc., is getting longer. This situation will effect those that are only 19 when they apply at this rate. Why issue a visa up to the age of 21, only to deny them at AOS?

Our congresswoman is looking at a much needed change in the CSPA to cover K's. Whether it will come about, or come about in time for us, who knows.

[ljs 1]

I am so sorry to hear what has happened to your family..you must be devastated!

I have a daughter who turns 21 on March 07. We have not yet had our consulate appointment (Nov 14), but our attorney seems to think that the AOS can be turned around very quickly if they will expedite the AOS appointment. I am thinking now this may be impossible given what you have been through. I have no concept of what is involved in the AOS...guess I'd better do some research

Linda

[Girona40 0]

I am so sorry to hear what has happened to your family..you must be devastated!

I have a daughter who turns 21 on March 07. We have not yet had our consulate appointment (Nov 14), but our attorney seems to think that the AOS can be turned around very quickly if they will expedite the AOS appointment. I am thinking now this may be impossible given what you have been through. I have no concept of what is involved in the AOS...guess I'd better do some research

Linda

There are other people that post on here whose children turn 21 in January or February, but I cannot see how requesting expeditious handling is going to help. With backlogs at the FBI on background checks as long as they are, how are they even going to get past that point? If a file is misplaced, or left sitting on a caseworker's desk, the applicant is screwed!

You may want to discuss this with your attorney and ask how long "expeditious handling" takes. All K-2's applying for AOS, whose 21st birthday falls in the six months following their application, should have their files "red flagged" at the USCIS. In our case this didn't happen - the USCIS did not follow their own Standard Operating Procedures. If they don't do their part, and it is totally out of the control of the applicant, there is nothing they can do.

I hope your attorney can get it through for you in time - but don't let a day go by without checking on the status and ensuring that the USCIS are doing something on your child's file.

This is the most absurd law I have ever come across in my lifetime.

[ljs 1]

This is the most absurd law I have ever come across in my lifetime.

Agreed...

[ljs 1]

Just to clarify...the AOS needs to be ajudicated and approved prior to the K-2 applicant's 21st birthday? I was under the impression (from my attorney) that only the AOS interview had to be held before the K-2's 21st birthday. I really do need to do some research!

[Girona40 0]

Just to clarify...the AOS needs to be ajudicated and approved prior to the K-2 applicant's 21st birthday? I was under the impression (from my attorney) that only the AOS interview had to be held before the K-2's 21st birthday. I really do need to do some research!

Well, until the approval/denial is received then adjudication hasn't taken place.

Personally, I am holding out that my attorney is correct and the only requirement is that the K-1 marries the original petitioner within the specified 90 days. It is even questionable whether or not the K-2's application for AOS has to be made prior to them reaching 21.

We are now going to have to take this to Court - we are not going to lie down and let them do this to us, without a fight!

[RandyW 149]

Just to clarify...the AOS needs to be ajudicated and approved prior to the K-2 applicant's 21st birthday? I was under the impression (from my attorney) that only the AOS interview had to be held before the K-2's 21st birthday. I really do need to do some research!

Well, until the approval/denial is received then adjudication hasn't taken place.

Personally, I am holding out that my attorney is correct and the only requirement is that the K-1 marries the original petitioner within the specified 90 days. It is even questionable whether or not the K-2's application for AOS has to be made prior to them reaching 21.

We are now going to have to take this to Court - we are not going to lie down and let them do this to us, without a fight!

Some other suggestions