Now we're screwed - I guess!

[Girona40 0]

As most of you know, we have been through hell for the last three years, trying to get the USCIS to adjust my son to LPR status. They said that he may have "aged-out" back in May of 2003 and recently Vermont requested the file and said that they were going to sort it out for us, that he wasn't an "age-out" according to the regulations.

They had the file - called me and said that he could be linked somehow to my I-751 and they could issue him a Green Card that way. Then we heard that the Washington DC office had DECLINED his I-485 application, on the 17th January 2006. We only found out via a letter to our senator - have still not received the official Denial Notice and, I understand, we only have 30 days from the denial to appeal. How can we appeal, when we don't have the Notice and don't know under what section of the INA they are declining him - and time is fast running out. We have to find an attorney who will act for us - not as easy as it sounds, since very few attorneys know much about K-2's adjustment and the requirements. It is not as clear-cut as many seem to think. There is no statute that says they have to adjust by the age of 21, only that they enter prior to the age of 21, legally, and that the K-1 marries within the 90 days and that they are under 21 when the APPLY to adjust. He met all this criteria.

Anyway, Vermont told me it was a "good thing" that DC declined him, that is what they requested the District Office do, so that they could issue him a GC via the I-751 route. We were all totally confused about this, but trusted that they knew what they were doing.

Today I get home and there is a message on the ansafone saying "Washington DC have requested your (my) file, we will be issuing your LPR card (having removed the conditions) and will send the file to DC. "They need it to RESOLVE the I-485 issue, I guess." is all she really said.

Now, I have no idea what the hell is going on - I have a sick feeling in the pit of my stomach that this is not good. No feedback we have had from the DC office, regarding my son's situation, has been good!

If they don't get the file for a couple of weeks, at least, and the 30 days will have run out by then for the appeal - what are we supposed to do. Are we now sitting, waiting, for the knock on the door, or what?

I don't understand how DC can "resolve" the I-485 situation, if they have already denied him. What on earth are they playing at?

Anyone have any ideas, or know of a GOOD immigration attorney we may seek help from?

I am just really sick of it now - I can't tell you how desperate this has made us all feel and how unfairly we have been treated by the USCIS. They could just have issued a nunc-pro-tunc approval of this case - bearing in mind he followed all the rules and the problem all arose because they took so darn long to process his application.

He has an approved I-130, but there is an 8 year wait for immigrant visa availability - I don't know where he stands with that, as far as removal from the US is concerned.

Myself and my daughter have both been granted LPR here. Do they seriously think that we are going to stay without my son. This family has been through so much together, we are not about to have it scattered to the four corners of the earth now.

I thought we could get through this, but I can't see how any more and am rapidly losing faith. God, I just want to throw up!

[LostInIllinois 1]

email me, I will send you the name of a lawyer who does work in this area, but she doesn't work for free.

-N

[Girona40 0]

email me, I will send you the name of a lawyer who does work in this area, but she doesn't work for free.

-N

Thanks, we now have a lawyer who is going to act for us. We never expected anything for free - in fact we have spent thousands of dollars on this case already - literally thousands!

I do appreciate your response though.

Thanks