K-2 over 21

[Girona40 0]

Dear friends, I will try to talk with an immigration lawyer tomorrow. Because today is a holiday also. It’s so terrible….really thanks for your helps!

Hi There! I have only just seen your post and would suggest you place your question on Britishexpats.com

British Expats There is an attorney who posts on that site and he may be able to help you. He is the only person we were able to find that gave us any kind of hope. Every other attorney referred to "age out" and it is debatable whether or not it even applies to K-2's at the AOS stage.

The Consulate in China was correct in issuing your K-2, as you were under 21. As far as AOS goes the requirements fall under section 245 and 216 of the INA, where it basically says you have to ENTER the US before reaching the age of 21, you have to be unmarried and the K-1, from whom you derive status, must marry the original petitioner within 90 days of arrival in the US.

When we received notification from the USCIS that our son was about to be denied (it took them 3 years to send out the denial notice!) we searched high and low for an immigration attorney that had any idea on the issue of K-2 adjustments. Many quoted the CSPA and said he was protected, many told us the CSPA did not cover K-2's (it wouldn't if K-2's don't actually age-out at all) and some even told us you had to be under 18.

What I am saying is please don't go with an attorney who says "Yes, I can help you", but has no real understanding of the K-2 process of AOS. Ask if they specialise in family immigration or employment based immigration - look for a family-based immigration specialist. Ask if they have ever handled a similar case. Ask what their understanding is of the requirements for K-2 adjustment. Don't hand over any money until you feel confident you have found the right person.

If you want to PM me at any time, please feel free to do so. You only have 30 days to file a Motion to Reopen, which will stop the process leading to deportation proceedings. This does not just apply to your EAD. Your EAD is invalid once you receive the denail notice up until the time the overturn that decision.

Post on Britishexpats.com - the attorney there may just be able to help you and he is in California.

Good Luck

G

[I'm Gone 60]

Hi There! I have only just seen your post and would suggest you place your question on Britishexpats.com

British Expats There is an attorney who posts on that site and he may be able to help you. He is the only person we were able to find that gave us any kind of hope. Every other attorney referred to "age out" and it is debatable whether or not it even applies to K-2's at the AOS stage.

Post on Britishexpats.com - the attorney there may just be able to help you and he is in California.

Too late he quit the other day.

http://britishexpats.com/forum/showthread.php?t=355317

[pax 0]

Wow, if I needed a dose of drama, I got it.

[lovenlife 0]

Hi There! I have only just seen your post and would suggest you place your question on Britishexpats.com

British Expats There is an attorney who posts on that site and he may be able to help you. He is the only person we were able to find that gave us any kind of hope. Every other attorney referred to "age out" and it is debatable whether or not it even applies to K-2's at the AOS stage.

Post on Britishexpats.com - the attorney there may just be able to help you and he is in California.

Too late he quit the other day.

http://britishexpats.com/forum/showthread.php?t=355317

He is still posting there, I see he was posting today.

[I'm Gone 60]

He is still posting there, I see he was posting today.

http://britishexpats.com/forum/showthread.php?t=356378

Hi:

I could. My apologies, but I'm still in BE boycott mode.

[Yodrak 7]

G and Fanny,

Might be better to not post on British Expats, or in any other way to the Usenet Newsgroup

< alt.visa.us.marriage-based >. Said attorney does not provide case-specific advice to newsgroups nor does he take clients from internet newsgroups.

Might be better off contacting his office directly and trying to interest him in your case, although he or his colleagues may monitor this discussion forum and that may be sufficient to put him off.

Yodrak

Dear friends, I will try to talk with an immigration lawyer tomorrow. Because today is a holiday also. It’s so terrible….really thanks for your helps!

Hi There! I have only just seen your post and would suggest you place your question on Britishexpats.com

British Expats There is an attorney who posts on that site and he may be able to help you. He is the only person we were able to find that gave us any kind of hope. Every other attorney referred to "age out" and it is debatable whether or not it even applies to K-2's at the AOS stage.

The Consulate in China was correct in issuing your K-2, as you were under 21. As far as AOS goes the requirements fall under section 245 and 216 of the INA, where it basically says you have to ENTER the US before reaching the age of 21, you have to be unmarried and the K-1, from whom you derive status, must marry the original petitioner within 90 days of arrival in the US.

When we received notification from the USCIS that our son was about to be denied (it took them 3 years to send out the denial notice!) we searched high and low for an immigration attorney that had any idea on the issue of K-2 adjustments. Many quoted the CSPA and said he was protected, many told us the CSPA did not cover K-2's (it wouldn't if K-2's don't actually age-out at all) and some even told us you had to be under 18.

What I am saying is please don't go with an attorney who says "Yes, I can help you", but has no real understanding of the K-2 process of AOS. Ask if they specialise in family immigration or employment based immigration - look for a family-based immigration specialist. Ask if they have ever handled a similar case. Ask what their understanding is of the requirements for K-2 adjustment. Don't hand over any money until you feel confident you have found the right person.

If you want to PM me at any time, please feel free to do so. You only have 30 days to file a Motion to Reopen, which will stop the process leading to deportation proceedings. This does not just apply to your EAD. Your EAD is invalid once you receive the denail notice up until the time the overturn that decision.

Post on Britishexpats.com - the attorney there may just be able to help you and he is in California.

Good Luck

G

Edited February 21, 2006 by Yodrak

[Girona40 0]

I was merely suggesting that Fanny post the question on the BE forum - if the attorney we speak of reads it and is able to offer advice, I'm sure he will. It's worth a try. I don't know why you are boycotting BE but as a person going through the USCIS nightmare, I have found the information there invaluable as I have the information and advice on VJ. It is just another option for the OP to try.

G and Fanny,

Might be better to not post on British Expats, or in any other way to the Usenet Newsgroup

< alt.visa.us.marriage-based >. Said attorney does not provide case-specific advice to newsgroups nor does he take clients from internet newsgroups.

Might be better off contacting his office directly and trying to interest him in your case, although he or his colleagues may monitor this discussion forum and that may be sufficient to put him off.

Yodrak

Dear friends, I will try to talk with an immigration lawyer tomorrow. Because today is a holiday also. It’s so terrible….really thanks for your helps!

Hi There! I have only just seen your post and would suggest you place your question on Britishexpats.com

British Expats There is an attorney who posts on that site and he may be able to help you. He is the only person we were able to find that gave us any kind of hope. Every other attorney referred to "age out" and it is debatable whether or not it even applies to K-2's at the AOS stage.

The Consulate in China was correct in issuing your K-2, as you were under 21. As far as AOS goes the requirements fall under section 245 and 216 of the INA, where it basically says you have to ENTER the US before reaching the age of 21, you have to be unmarried and the K-1, from whom you derive status, must marry the original petitioner within 90 days of arrival in the US.

When we received notification from the USCIS that our son was about to be denied (it took them 3 years to send out the denial notice!) we searched high and low for an immigration attorney that had any idea on the issue of K-2 adjustments. Many quoted the CSPA and said he was protected, many told us the CSPA did not cover K-2's (it wouldn't if K-2's don't actually age-out at all) and some even told us you had to be under 18.

What I am saying is please don't go with an attorney who says "Yes, I can help you", but has no real understanding of the K-2 process of AOS. Ask if they specialise in family immigration or employment based immigration - look for a family-based immigration specialist. Ask if they have ever handled a similar case. Ask what their understanding is of the requirements for K-2 adjustment. Don't hand over any money until you feel confident you have found the right person.

If you want to PM me at any time, please feel free to do so. You only have 30 days to file a Motion to Reopen, which will stop the process leading to deportation proceedings. This does not just apply to your EAD. Your EAD is invalid once you receive the denail notice up until the time the overturn that decision.

Post on Britishexpats.com - the attorney there may just be able to help you and he is in California.

Good Luck

G

[I'm Gone 60]

I was merely suggesting that Fanny post the question on the BE forum - if the attorney we speak of reads it and is able to offer advice, I'm sure he will. It's worth a try. I don't know why you are boycotting BE but as a person going through the USCIS nightmare,

No one here is boycotting BE. That was the posting from said attorney in responce to someone's question from today that he said he was still boycotting BE.

I still say why is she posting questions about this on the Internet. If it was me I would be sitting in an immigration attorney's office.

[Girona40 0]

I was merely suggesting that Fanny post the question on the BE forum - if the attorney we speak of reads it and is able to offer advice, I'm sure he will. It's worth a try. I don't know why you are boycotting BE but as a person going through the USCIS nightmare,

No one here is boycotting BE. That was the posting from said attorney in responce to someone's question from today that he said he was still boycotting BE.

I still say why is she posting questions about this on the Internet. If it was me I would be sitting in an immigration attorney's office.

Finding an attorney that has any idea about K-2 adjustment of status is the problem. We tried for years to find someone and the only way we did was by posting on BE. Yes, the OP definitely needs an attorney to fight their corner on this one - since the USCIS are so hung up on the "definition of child" and when it applies.

I hope the OP finds someone that is able to help - unfortunately, it is not as easy as some presume.