K2 AOS applicant about to turn 21

[ghunt2121 1]

I filed AOS for my K1 wife and two K2 step-sons in April of 2012

All three got their EADs and APs in June of 2012

My wife received her green card, without interview, in late January of 2013

The process for the two boys however is still stuck in the "Initial Review" state according to the "My Case Status" page of the USCIS site.

I wouldn't be so worried except that the older of the two boys will turn 21 on Jun 27.

Question: if his green card is not approved and issued by Jun 27, what will happen? Is the entire AOS process for him therefore invalid? Will he and I have to start over through some other filing mechanism to get him a green card? Will USCIS be able to deport him?

What do I do?

Edited March 8, 2013 by ghunt2121

[milimelo 4,253]

I filed AOS for my K1 wife and two K2 step-sons in April of 2012

All three got their EADs and APs in June of 2012

My wife received her green card, without interview, in late January of 2013

The process for the two boys however is still stuck in the "Initial Review" state according to the "My Case Status" page of the USCIS site.

I wouldn't be so worried except that the older of the two boys will turn 21 on Jun 27.

Question: if his green card is not approved and issued by Jun 27, what will happen? Is the entire AOS process for him therefore invalid? Will he and I have to start over through some other filing mechanism to get him a green card? Will USCIS be able to deport him?

What do I do?

For starters, call USCIS info line and ask to speak to Tier 2 ISO. If that fails to produce result, get in touch with your congressman/senator's immigration aide and get them to see what's holding up K-2 AOS when K-1 already has a green card. Magic words to use will be K-2 aging out soon.

[ghunt2121 1]

I've spoken with the office of my district US Congressman... they sent an "Assistance Request Form" and a "Privacy Release Form" that my step-son will fill out and we will send back along with copies of the various forms and letters that we have received from USCIS. But I'm a bit discouraged at the outset with this process because their cover letter is laced with such phrasees as "we cannot force an agency to expedite your case" and "our office has a limited ability to intervene in matters that fall under the jurisdiction of (blah blah blah)".

Can anyone answer the question as to whether or not USCIS can deport my stepson the day he turns 21 if his green card has not been approved?

Thanks

[ghunt2121 1]

Ok, so here's the answer, according to an agent at the USCIS Customer Service Center:

Nothing happens due to the child reaching his/her 21st birthday as long as the I=485 and all the other necessary forms were filed BEFORE his/her 21st birthday. This is because of a law called the "Child Status Protection Act" (CSPA).

[ghunt2121 1]

So this just goes to show you that you can't necessarily trust answers from the USCIS Customer Service Center...

The Child Status Protection Act does not apply to a K2 AOS applicant that was over 18 at the time the K1 married the US Citizen. In this case the K2 AOS applicant DOES time-out at age 21 if the Green Card is not approved and issued before that date.

Please, someone, tell me I'm wrong.