Need Help re K2 age out AOS application

[Enigma11561 336]

My wife's son arrived here a few weeks ago. I filed his AOS and sent it to the Chicago lock box. I received a notification that it was delivered and signed for on Oct 14. Since then I have neither gotten a text message ( form G-1145) nor has my check been deposited. I made an InfoPass appointment and the first woman I spoke to told me if he was over 18 he could not enter the country. Huh? I told her he was already here and she did not know what to do and gave me a number to speak with another person. That woman told me that he is "not in the system" ( the only number we have is his I-94), and there was nothing we could do but wait.I explained that was the problem. It has been over a week and WHY wasn't he in the system yet. He ages out soon and I know the process will not be completed on time but need to have him at the very least "in process". All his paper work was clearly marked as "possible age out--urgent". If I had some NOA receipt or the ability to at least access his application I could go to my senator or congressman to help expedite but if he does not show up at all, I am kinda lost on what to do. Other than keep waiting or making another InfoPass appointment does anyone have have any other suggestions? I'm getting very nervous about this.I only have a 2 weeks left before he turns 21.

[JimVaPhuong 4,863]

My wife's son arrived here a few weeks ago. I filed his AOS and sent it to the Chicago lock box. I received a notification that it was delivered and signed for on Oct 14. Since then I have neither gotten a text message ( form G-1145) nor has my check been deposited. I made an InfoPass appointment and the first woman I spoke to told me if he was over 18 he could not enter the country. Huh? I told her he was already here and she did not know what to do and gave me a number to speak with another person. That woman told me that he is "not in the system" ( the only number we have is his I-94), and there was nothing we could do but wait.I explained that was the problem. It has been over a week and WHY wasn't he in the system yet. He ages out soon and I know the process will not be completed on time but need to have him at the very least "in process". All his paper work was clearly marked as "possible age out--urgent". If I had some NOA receipt or the ability to at least access his application I could go to my senator or congressman to help expedite but if he does not show up at all, I am kinda lost on what to do. Other than keep waiting or making another InfoPass appointment does anyone have have any other suggestions? I'm getting very nervous about this.I only have a 2 weeks left before he turns 21.

The lady who said he couldn't enter the country if he was over 18 didn't have a clue what she was talking about. My step-son was 19 and my step-daughter was 2 weeks shy of 18 when they entered on K2's.

I think you're screwed. Forgive me for being overly negative, but it's early in the morning here and I'm still working on my first cup of coffee.

A K2's AOS must be approved before they are 21, and not merely accepted by USCIS. The CSPA doesn't protect K2's from aging out. Marking his documents as a possible age-out was definitely a good idea, but it's not a guarantee of faster processing. I would be absolutely amazed if they managed to complete everything within two weeks. A more realistic "accelerated" timeframe would be two weeks for the application to be accepted, a month or so for the biometrics appointment, and another month or so before the AOS is either approved or he's scheduled for an appointment.

You can't really do anything to have it expedited until it's processed into the system. Until then, his application is just one of many envelopes in the receiving room. They have no way to track it down.

Unfortunately, I don't know what else you could do. You can't petition for him as an immediate relative unless you married his mother before he was 18. Your wife could petition for him as an adult son of an LPR, but it would take about 5 years before his priority date became current. He can't wait in the US for this to happen. Someone adjusting from an FB2B would have to maintain their lawful presence in order to be eligible to adjust status. Overstays aren't ignored like they are for immediate relatives of US citizens.

You should be prepared for the very strong likelihood that he'll have to return to his home country and wait for the FB2B visa. I guess you probably knew this when you got the K2, but I can't blame you for trying. Pray for a miracle.

[Enigma11561 336]

Jim, I understand what you are saying. However, the law states that as long as a person enters the US before 21, they are ok regardless of when his AOS is adjudicated. But USCIS frequently , but not always, ignores this fact.I have seen this go both ways. An approval and having to take it to court. My immediate concern is at least having some documentation that his paperwork was received before 21 as that at least gives me some ammo to fight with. But a week going by without so much as an acknowledgement is causing grief here.

[orangefluffy 0]

GOOD NEWS!!! for k2 age out!!! Law change!!!

Board Sets Favorable Precedent for Children of Fiancées (K-2 Visa Holders)

The American Immigration Council's Legal Action Center (LAC) applauds the Board of Immigration Appeals (Board) for advancing family unity in its June 23, 2011 decision, Matter of Le. The Board’s long-awaited ruling favorably resolves the issue of whether the child of a fiancée of a U.S. citizen (a K-2 visa holder), who legally entered the U.S. when under age 21, is eligible for adjustment of status even after turning age 21. The Board concluded that the age of the child is “fixed” at the time the child is admitted to the United States. In doing so, it rejected the Department of Homeland Security’s position that a K-2 visa holder is eligible only if he or she is under 21 at the time the adjustment of status application is adjudicated.

The Board’s decision is consistent with the position that the American Immigration Council and the American Immigration Lawyers Association advocated in amicus briefs submitted to the Board in approximately a half dozen other cases where the child turned 21 after being admitted to the United States. The noncitizens in these and the many other cases before both Immigration Judges and U.S. Citizenship and Immigration Services offices throughout the country now will be able to become lawful permanent residents as Congress intended.

Edited July 6, 2011 by orangefluffy

[Andie 147]

Fantastic !!!!

(and logical)

Thanks for reporting...

[JimVaPhuong 4,863]

GOOD NEWS!!! for k2 age out!!! Law change!!!

Board Sets Favorable Precedent for Children of Fiancées (K-2 Visa Holders)

The American Immigration Council's Legal Action Center (LAC) applauds the Board of Immigration Appeals (Board) for advancing family unity in its June 23, 2011 decision, Matter of Le. The Board’s long-awaited ruling favorably resolves the issue of whether the child of a fiancée of a U.S. citizen (a K-2 visa holder), who legally entered the U.S. when under age 21, is eligible for adjustment of status even after turning age 21. The Board concluded that the age of the child is “fixed” at the time the child is admitted to the United States. In doing so, it rejected the Department of Homeland Security’s position that a K-2 visa holder is eligible only if he or she is under 21 at the time the adjustment of status application is adjudicated.

The Board’s decision is consistent with the position that the American Immigration Council and the American Immigration Lawyers Association advocated in amicus briefs submitted to the Board in approximately a half dozen other cases where the child turned 21 after being admitted to the United States. The noncitizens in these and the many other cases before both Immigration Judges and U.S. Citizenship and Immigration Services offices throughout the country now will be able to become lawful permanent residents as Congress intended.

Actually, it wasn't the law that changed but USCIS policy on how the law is implemented.

The OP's son was approved for AOS based on this new change:

http://www.visajourney.com/forums/topic/316389-important-bia-rules-k2s-do-not-age-out/page__view__findpost__p__4760060

[Enigma11561 336]

Actually, it wasn't the law that changed but USCIS policy on how the law is implemented.

The OP's son was approved for AOS based on this new change:

http://www.visajourney.com/forums/topic/316389-important-bia-rules-k2s-do-not-age-out/page__view__findpost__p__4760060

About two-three weeks after this decision his green card arrived. Amazing how fast the USCIS can be when they can see the forest through the trees.