Very Sad: Other K2 daughter denied AOS

[jo&john 1]

Yes, they sent my daughter a letter of denial, despite the fact that we were able to file for AOS application through the DORA program, got accepted and got interviewed (11/27/06) and had our biometrics (12/26) done before she turned 21. The rest relied on how long the FBI name checks will be and the discretion of the adjudicating officer. I received emails (01/26/07) from USCIS that they have sent (01/25/06) my 9 year old daughter and I our welcome letters as permanent residents (which we received 01/31/07) but we haven't received any email for my other daughter who aged out (01/06/07). We are really devasted with my other daughter's outcome.

I got my daughter's mail (01/30/07) from Homeland Security (USCIS 8101 N. Stemmons Fwy, Dallas Texas) and decided to open it because I had a bad feeling that it is a denial since the letter didn't come from Missouri Service Center where our cases were sent. True enough it is a a denial.

DECISION

You filed Form I-485, Application to Adjust Status on ____ pursuant to Section 245 of the Immigration and Nationality Act, as amended. The application is denied for the folowing reason(s):

Title 8 Code of Federal Regulations Chapter I Section 245.1 (a) states, in pertinent part:

"Any alien who is physicaly present in the United States...may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive and immigrant visa and an immigrant visa is immediately available at the time of filing of the application."

To be eligible to receive an immigrant visa, you must still be considered a child defined in Section 101 (B)(1) of the Immigration and Nationality Act, as amended as "an unmarried person under 21 years of age...." Service records indicate you are now 21 years old, and are therefore no longer eligible to receive an immigrant visa.

Your application is hereby denied. Any employment authroization or advance parole you received as a result of this application is hereby terminated. USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of Form I-485 will leave you without lawful immigration status on _____. You will then be present in the United States in violation of the law. You are required to depart the United States on or before _____, or be subject to removal proceedings. Remaining in the United States beyond this time wil also affect your ability to return to the United States.

Our Congressman's Office inquired from Immigration and presented the argument that the application, interview, biometrics were done before she aged-out but was told that the decision remains and even wondered why she was allowed to apply for an adjustment because they said that the stepparent/stepchild relationship should have occurred before the child turns 18 and since the marriage of parent and stepparent occurred after she turned 18, she is not eligible to adjust since the petitioner is the stepfather. I am concerned about this argument given by USCIS to our Congressman's staff because this would have implications to other K-2s who wil come over here after they turned 18; they may not age-out but may not be allowed to adjust because of this ruling.

Anyways, per recommendation of USCIS, our Congressman staff told me that I could already petition for my daughter even though I am only a conditional permanent resident using Form I-130 (Alien Relative) and I should do this as soon as possible. Then I should appeal to an Immigration Judge for "Stay of Deportation" since the priority visa date is February 2005 so that they will let my daughter stay here and I could use our Permanent Protection Order (Philippine Republic Act 9262 or Anti-Violence Against Women And Their Children Act of 204) against my ex-husband for her not to be deported back to the Philippines. We need legal representation and I am not sure if we can afford it. Do you know of one who charge at a minimal fee.

Do you think we would take this path? What are your thoughts? What are your recommendations? Please help!

Sincerely,

Jo

Edited February 4, 2007 by jo&john

[rebeccajo 14]

Jo, I'm sorry to read this.

I don't think you can NOT afford legal representation at this time.

We need Girona40 on this thread to see how this situation differs from Michael's.

Edited February 4, 2007 by rebeccajo

[rebeccajo 14]

OK, I pm'd Girona. Hopefully she will see this.

[mozplay 29]

Just wanted to add my own regrets here. I'm sorry you have hit this road-bump but you sound like a strong family - this too will be overcome.

Mo

[Robin28 2]

I'm so sorry to hear this has happened .. I read some of your other posts about having one daughter waiting for approval and hoped for the best. I hope this all works out and through a different process your daughter can stay and enjoy her new family !! Good Luck

[mmb 0]

Catholic Social Services provide low cost, even pro bono immigration lawyers.

Look in your phonebook for your nearest office, you don't need to be Catholic.

[onesassygirl 0]

Sorry to hear about this. It's really unfortunate. I do think that you may need legal representation for this. Best of luck to you and your family. Let us know what happens.

Off topic: I see you are from Iloilo City in the Philippines. I grew up there! It's nice to see another Ilongga in these forums

[Girona40 0]

Oh My Lord! I am so sorry to hear this Jo.

Typically, the USCIS are telling your congressional representative things that simply are not true or applicable in your case!

I have sent you a PM. Give me a call.

Warm Hugs

Glenys

x x x

[Peggy 1]

So sorry to hear this.

This is terrible.

[Nancy2015 2]

OMG, I'm so sorry!

I don't know anything about the immigration of children, but I hope it will get straightened out. Be strong and good luck!

[jo&john 1]

Jo, I'm sorry to read this.

I don't think you can NOT afford legal representation at this time.

We need Girona40 on this thread to see how this situation differs from Michael's.

Thanks Rebecca, I was able to keep in touch with Girona40.

Girona40, it was nice talking to you and your husband. I appreciate your help.

Take care,

Jo

Just wanted to add my own regrets here. I'm sorry you have hit this road-bump but you sound like a strong family - this too will be overcome.

Mo

Thanks Mo...i hope my family will overcome this crisis...

Jo

Catholic Social Services provide low cost, even pro bono immigration lawyers.

Look in your phonebook for your nearest office, you don't need to be Catholic.

Thanks mmb, I will look into this...I am a Catholic

God bless,

Jo

[jo&john 1]

Sorry to hear about this. It's really unfortunate. I do think that you may need legal representation for this. Best of luck to you and your family. Let us know what happens.

Off topic: I see you are from Iloilo City in the Philippines. I grew up there! It's nice to see another Ilongga in these forums

ajmc, yes...it is really unfortunate...we were hoping that my daughter can make it...but she didn't. Girona40 told me to be hopeful, because there is still a way...and we will fight it to the end. We are now looking for legal representation. We will surely update everyone here at VJ....and yes, I am from Iloilo City, Philippines...nice to know that you are an Ilongga too!

Your fellow Ilongga,

Jo

[jo&john 1]

Thanks pink_roses and Jewel12...will be positive about it.

[Delete This 0]

Jo & John,

I too was absolutely astonished and dismayed by the news you received from the USCIS regarding your K2 petition. I just want to let you know that Queenie and I are here to support you in any way we can.

God Bless

[billsgirl 0]

omg...i am sooo sorry to hear this, was hoping for something positive, ......very happy that girona40 is at your side, and that there could be anothwer way around this for you....plz stay strong, and we are all here for you....god bless...