I-485

[learning 0]

Child of LPR presented AOS before his 21st birth day, visa was available, but became 21 before approval. They denied. Now, as son of LPR he has to wait 8 years! Denial notice says "at time of filing he was 21..." but he wasn't. He went twice to Immigration Center, they didn't receive his motion to reconsider. They insisted they are right and didn't wnt him to lose the fee. Any suggestion? Is it too late to do something?

[aleful 1,905]

Child of LPR presented AOS before his 21st birth day, visa was available, but became 21 before approval. They denied. Now, as son of LPR he has to wait 8 years! Denial notice says "at time of filing he was 21..." but he wasn't. He went twice to Immigration Center, they didn't receive his motion to reconsider. They insisted they are right and didn't wnt him to lose the fee. Any suggestion? Is it too late to do something?

is the child on a student visa or how is he legally here in the country. please give more details on the case. how long ago was the denial?

[learning 0]

is the child on a student visa or how is he legally here in the country. please give more details on the case. how long ago was the denial?

He was EWI, had I-130 approved, under 245i. He didn't file AOS during the year visa was available but 3 years later, when still under 21. He didn't received approval on time, and last June AOS was denied and sent to another category that will make him to wait another 8 years. Last month was detained in Georgia and is in deportation procedures now. Bond was refused, change of venue refused also. He filed EOIR 42B cancellation of removal proving 10 years in USA, good moral character, hardship to LPR siblings and parents and USC son. What else? Any hope?

[Brother Hesekiel 2,236]

Frankly,

I would not hold my breath.

The boat waited for him to jump aboard, but he waited 3 years to do so, for reasons unknown to us, and when he then finally decided to jump he missed the boat and landed in the water. If he's now in deportation proceedings after you pulled all the strings and then some, still unsuccessfully, retaining an attorney would IMNSHO only mean a waste of money to delay the inevitable.

Deportation under such circumstances only carries 5-year bar, so that will be served by the time he is eligible to file for an immigrant visa.