Where do you go for help................

[Girona40 0]

Sorry, it wouldn't let me edit my previous post to add this.....................

We have an excellent attorney - thank God! If it weren't for him my son, and the rest of us, would have returned to the UK by now - totally penniless! No other attorney would fight our corner and a Mandamus is not appropriate at this time. They have "acted" but what we need them to do is "act, as defined by law", and there is a difference. I am upset that this is headed to Immigration Court, because no other person can interpret the law correctly. That seems pretty pathetic when there are so many officials on each rung of the ladder that should be able to interpret the law correctly, prior to getting to the Judge on the last rung!

It's amazing that nearly every person we speak to agrees that it makes no sense to grant a K-2 visa to an individual right up to the day before their 21st birthday, yet the USCIS are saying they have to adjust status PRIOR to reaching 21. This is just not possible. When these K-2's have their entire family in the US, have given up all ties to their country of origin, given up their jobs, parents sold their homes, all on the understanding that they are immigrating to the US to start a new life. It makes no sense to turn them around and say "Sorry, my bad! We have to deport you now because you didn't meet the requirements to adjust!" No.............that isn't right..........it just isn't right.

Sorry, but when you have been dealing with this for 4 years it tends to get you a little upset and that is what I am right now.

[Peggy 1]

You are so right in what your saying.

It just isnt fair to the child or parent.

Dont grant the K-2 to a child, then turn around and deny their AOS.

That makes no sense to me.

[rebeccajo 14]

G, I honestly think an immigration judge is probably your best hope right now.

Unless the media can help you.

[Girona40 0]

G, I honestly think an immigration judge is probably your best hope right now.

Unless the media can help you.

Becca, an immigration judge is our ONLY hope right now.

The media can bring what is happening within the USCIS to the public's attention - for what that is worth - but they cannot change the AAO's Decision.

We have no choice but to go to a Judge, unless the other case currenly in the courts, which was postponed a few days ago, receives a positive judgment in February. Unfortunately, we can do nothing more than wait for the outcome of that case and continue to hope that our congressional and senate representatives actually look into the law and confirm their "intent" when they voted on the enactment of the CSPA. I am sure the intent of Congress was not to split families in this way when there was so much talk of "family unification" at the time the CSPA was enacted. Why would they afford protection to every immigrant visa catagory and since to "v" visa holders, but leave the K-2 out, when the sole purpose of the K visa is to marry the original petitioner and remain in the US, permanently. Could it be that the reason was that K-2's don't age out at all?

Edited December 10, 2006 by Girona40

[rebeccajo 14]

That's part of the problem when they mess with immigration law, or so I've been told. All the different categories.

[Girona40 0]

That's part of the problem when they mess with immigration law, or so I've been told. All the different categories.

Yes, indeed. What I find frustrating is that when the CSPA was enacted it was "linked" to all the visa catagories that were to be afforded protection from aging-out whilst awaiting the processing of their AOS application. The 9th Circuit Court of Appeals ruled that in the case of "V" visas, they too do not age out under the statute. It was not what Congress had originally intended.

So, was it the original intent of Congress to give visas to the children of K-1 visa holders, who were coming to the US to marry and reside permanently, only to issue denials of their AOS because they reached 21 during processing? I have asked this question of my congresswoman, who cannot answer - and yet she supported the Act.

What people are not getting, Becca, is that this problem is going to get worse before it gets better and many others are going to suffer the consequences of the USCIS' interpretation of the law. Already several people are finding that their kids are aging-out, according to their District Offices, and having to go through the long and drawn-out appeal process. It shouldn't be necessary at all, but many more of these are going to start appearing, as the processing time is getting longer and longer. Not being adjudicated until the FBI checks are complete, being part of the problem. Some kids could arrive at the age of 19 and not be adjudicated for two years - then be deported! Keep your eyes open as many more will start appearing on these boards.

G.