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Filed: Citizen (apr) Country: Ukraine
Timeline
Posted (edited)

 

Ok, will try to make it short... 

 

My son entered the US in 2014 (K2 visa). In 2015 we got our green cards, at the same day. In June, 2017 we filed for ROC, and he is on my I-751, in Part.5 (dependent). We already had our fingerprints done. Also - he got his passport stamped with I-551 (his Ext.Letter) has never arrived. But he has his own case #, indicated on his Biometric appointment Letter.

 

2 weeks ago he went through NICS background check, buying a firearm and filing the form 4473.. At the store he got a paper that his transaction got delayed. Later - came up with a denial..

He appealed -  wanted to know the reason of denial since an LPR has the same right as a USC to buy a firearm.  He provided them with his A#, copy of his passport pages (bio, K2 visa and I-551 stamp).

 

Today he received a reply... It's Initial, and has been forwarded for further processing, but still - kinda made me re-read it 3 times to make sure I was really reading WHAT I was reading.. Sorry for tautology, guys :( But we are still a little shocked.

 

Here is the re-ply.. well, part of that. 

"You transaction's prohibition's is under Title 18, United States Code, Section 922(g)(5)(A): A person who, being an alien is illegally or unlawfully in the United States".. ????????? 

 

Any ideas what's going on and what should we do a this point?..  I'd really like to get it straightened up...somehow...

 

thank you.

Edited by Ksenia_O
Filed: Citizen (apr) Country: Nigeria
Timeline
Posted
6 hours ago, milimelo said:

Can you post the rest of denial info? 

Looks like from what's posted already is that someone is saying he is an illegal which is not true. 

 He is not an illegal, he isn't a conditional resident that didn't file removal before conditional status expired.  So he has been automatically placed in removal process. 

This will not be over quickly. You will not enjoy this.

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
2 hours ago, NigeriaorBust said:

 He is not an illegal, he isn't a conditional resident that didn't file removal before conditional status expired.  So he has been automatically placed in removal process. 

Ok... It's been discussed here many times.  A K2 needs to enter the country before he turns 21. Son was 19. And  it doesn't matter anymore how old is  a K2  when his/her green gets approved.  The main - to enter the US before 21.

 

Yes, he is an adult. But he stays  a "dependent" on my status for immigration purposes due to derivative visa (K2) he used to enter the country, until he gets his 10 years green card. After that - yes, on his own.

 

Also, I-751 Instruction states:

"If you have dependent children who acquired conditional resident status on the same day as you or within 90 days thereafter, then include the names and Alien Registration Numbers (A-Numbers) of these children in Part 5. of Form I-751 in order to request that the conditions on their status be removed as well". Which we did - we were granted I-485 approval at the same day. 

 

There is nothing there about age. And believe me - before I-751 submission we spent hours/days of research and  Infopass was made to make sure we were filing I-751 correct, having my son as a "dependent" on my I-751. 

 

There are also lots of K2's here, on VJ,  who were older than 21 and successfully made it through ROC being on Parent's I-751.

 

Anyway - the submission of my I-751 (with one filing fee and 2 bio metric (fees) was not rejected. If it wasn't file correct , the I-751 would have been rejected and sent back to me.

 

After check was cashed, I called and got a Tier 2 IO on hold to confirm they "see" my son on my I-751 and make sure it was filed correct. 

 

After I got my Extension Letter and Biometric appointment, I called again - to  make sure everything was "there" and son's USCIS Notices didn't get lost.  A Tier 2 immigration officer I spoke that day confirmed that Extension Letter and Bio metric Notice were sent together, at the same day, for both of us, with Bio scheduled for the same day and the same time.

 

Since son's biometric wasn't received and we had 4 days left till our appointment - the IO faxed son's ASC Notice to me. He confirmed, AGAIN, that son has  his I-751 pending. 

More -  I was requested to get my son on hold, because of his age!! The IO needed son's permission since he is not a minor child anymore -  to release the info I wanted to me, despite the fact son is a dependent on MY I-751. 

 

I was also advised by the IO to check with Post Office - very often they don't deliver mails from government agencies if a person is not listed under the address. That was the issue and  was fixed the same day and later we got son's ORIGINAL ASC Notice in the mail box - Post Office didn't send it back , yet, and we got it with delay... .After our biometric was  done :)

 

More - since son had  a fax copy for ASC Appointment, he had to be verified by Supervisor before  he was allowed to get his ASC done. Again - it was confirmed he is in the "system' with I-751 pending. Biometric was done.

 

Later, we made an appointment to get his passport stamped with I-551 - just in case, if his employer would have asked for that.

 

And it wasn't an "easy fix" to get the stamp - like he just showed up, got passport stamped, 5 minutes - done. Not at all. And I know people who tried to get a stamp for their minor children due to travel and were denied by my USCIS Field Office. So yes, it's not something you are granted easily without checking that everything is fine.

 It took about an hour for USCIS  - son's passport was taken, along with his conditional green card and my Extension Letter. Supervisor was called and only after that son's passport was brought back, along with my Ext.Letter. 

 I-551 stamp was granted and Supervisor even made a note there " I-751 pending". Stamp is valid for a year, till July 2018.  S

So,  obviously son is legally here with I-751 pending and he has a proof of that.


Believe me  - I'd preferred to pay more and have a separate I-751 for my son instead of having him in my I-751 in Part 5.

From the I-751 Instruction:

"If you have dependent children who did not acquire conditional resident status on the same day as you or within 90 days thereafter, or if the conditional resident parent is deceased, then those dependent children must each file Form I-751 separately to have the conditions on their status removed ". 

Yes, my son is 23 soon. But I'm not that old and I'm obviously alive... so far :):)

 

Yes,  I'd prefer to pay more and have his own I-751 -   to have  piece in mind and avoid all the "inconveniences" as well.

 

10 hours ago, milimelo said:

Can you post the rest of denial info? 

Looks like from what's posted already is that someone is saying he is an illegal which is not true. 

Here is the screen shot of Initial Denial

26730621_1161250924005293_3523887492582348421_n.jpg

Posted

Well if you know all the answers why are you here asking the questions? 

 

A child stops being a dependent in the USA at age 21. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moved to ROC, from Off Topic - As the OP's main issues are with the ROC Process.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Posted

Here is the link to the USCIS definition of dependent child: 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter2.html

 

I read through the 751 form again and it is designed so that a child who does not meet the criteria (over 21 or married) can file on their own. I guess you would choose this option under Joint Filing - "My parent's spouse because I am unable to be included in a joint petition filed by my parent and my parent's spouse. "

 

Maybe they initially thought that the 751 was ok but then realized it was not and rejected it? Can you check the case status using his biometric notice number?

 

 

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted (edited)
On 1/12/2018 at 7:40 PM, NikLR said:

Well if you know all the answers why are you here asking the questions? 

 

A child stops being a dependent in the USA at age 21. 

Well, I wasn't giving you the answers.. In that long reply I was just trying to describe how really we have been "tight" with USCIS since our I-751 submission.

 

My husband also contacted an Immigration Attorney last Friday, again...The answer we got is:

"if a K2 was under 21 and unmarried when he entered the US and a K2 was still unmarried when a conditional green card was received, then I-751 with a K2 listed in Part.5 has been properly filed." 

 

No, obviously nobody knows all the answers... 

Mistakes happen - I get it, and USCIS is not an exception either. But  it's unlikely they have been mistaken at least 3 times during one process for the same person -1 "mistake" -  I-751 was accepted to be processed; 2 "mistake" - two ASC Notices were received with two different case# - for each of us and "mistake" #3 -  I-551 stamp was granted in the passport with a note "I-751 pending, CF2 (a K2 stays under CF2 class of admission, regardless the age. CF2 can not be switched to any other category..  well, unless a K2 changed a marital status during his/her way to LPR). And I'm not mentioning "check-ups & make sure" between...

 

You are experienced VJ member and I really appreciate your inputs, but with all respect - I'm going with USCIS and immigration Attorney in this case.

Thanks for your time anyway.

 

On 1/13/2018 at 12:50 PM, LTGermany said:

Here is the link to the USCIS definition of dependent child: 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter2.html

 

I read through the 751 form again and it is designed so that a child who does not meet the criteria (over 21 or married) can file on their own. I guess you would choose this option under Joint Filing - "My parent's spouse because I am unable to be included in a joint petition filed by my parent and my parent's spouse. "

 

Maybe they initially thought that the 751 was ok but then realized it was not and rejected it? Can you check the case status using his biometric notice number?

 

 

Thank you, LTGermany.

Yes, we checked the case status. It states "On June... we received your Form CRI-89, Petition to Remove Conditions Of Permanent Resident Status...."

It''s pending :) Both cases :)

 

On 1/13/2018 at 1:02 PM, Damara said:

Did they enter his A number and his name correctly at the store? Go back and have them try it again verifying they are entering the correct info.

Thank you, Damara!! 

 

I don't honestly  know if son's A# was entered correct or what.. My husband was there, helping him and he says something they had to submit (my husband and son), and some other things were entered by the store employee...

 

They are thinking about going back and try again but  I disagree and would like them, both, just to wait it out...

 

You know before this FBI email we received we didn't doubt  everything to this point has been done correctly... yes, it was quite a stress :)

 

Attorney also says we could "follow-up" with the FBI, but honestly - I don't feel like going for that...

It was an "Initial denial " and the appeal has been forwarded for further processing . They currently processing case, received in Nov, 2015.. 

 

I wonder it these are the same people who do our background check?.... If so, it's understanding why people get stuck in background check for years.....

 

 

 

Edited by Ksenia_O
Posted (edited)
16 minutes ago, Ksenia_O said:

Well, I wasn't giving you the answers.. In that long reply I was just trying to describe how really we have been "tight" with USCIS since our I-751 submission.

 

My husband also contacted an Immigration Attorney last Friday, again...The answer we got is:

"if a K2 was under 21 and unmarried when he entered the US and a K2 was still unmarried when a conditional green card was received, then I-751 with a K2 listed in Part.5 has been properly filed." 

 

No, obviously nobody knows all the answers... 

Mistakes happen - I get it, and USCIS is not an exception either. But  it's unlikely they have been mistaken at least 3 times during one process for the same person -1 "mistake" -  I-751 was accepted to be processed; 2 "mistake" - two ASC Notices were received with two different case# - for each of us and "mistake" #3 -  I-551 stamp was granted in the passport with a note "I-751 pending, CF2 (a K2 stays under CF2 class of admission, regardless the age. CF2 can not be switched to any other category..  well, unless a K2 changed a marital status during his/her way to LPR). And I'm not mentioning "check-ups & make sure" between...

 

You are experienced VJ member and I really appreciate your inputs, but with all respect - I'm going with USCIS and immigration Attorney in this case.

Thanks for your time anyway.

 

Thank you, LTGermany.

Yes, we checked the case status. It states "On June... we received your Form CRI-89, Petition to Remove Conditions Of Permanent Resident Status...."

It''s pending :) Both cases :)

 

Thank you, Damara!! 

 

I don't honestly  know if son's A# was entered correct or what.. My husband was there, helping him and he says something they had to submit (my husband and son), and some other things were entered by the store employee...

 

They are thinking about going back and try again but  I disagree and would like them, both, just to wait it out...

 

You know before this FBI email we received we didn't doubt  everything to this point has been done correctly... yes, it was quite a stress :)

 

Attorney also says we could "follow-up" with the FBI, but honestly - I don't feel like going for that...

It was an "Initial denial " and the appeal has been forwarded for further processing . They currently processing case, received in Nov, 2015.. 

 

I wonder it these are the same people who do our background check?.... If so, it's understanding why people get stuck in background check for years.....

 

 

 

 

What state are you in? A lot of states do not issue permits to conditional residents. Even though conditional residents are supposed to be treated the same way as permanent residents, there is some other naming in the database. They may refuse you on that basis, and there is nothing you can do about it until conditions are lifted.

 

Sorry about this. All your son can do is wait.

Edited by divorcedgayman
Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
8 minutes ago, divorcedgayman said:

 

What state are you in? A lot of states do not issue permits to conditional residents. Even though conditional residents are supposed to be treated the same way as permanent residents, there is some other naming in the database. They may refuse you on that basis, and there is nothing you can do about it until conditions are lifted.

 

Sorry about this. All your son can do is wait.

Thank you, divorcedgayman

 

Honestly I know nothing about firearms requirements and staff...  

 

Seems like everybody in our family agrees now - we just have to wait it out until conditions lifted , you are right. I'd even wait till actual citizenship.. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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