Need an attorney that knows about K-2's

[Girona40 0]

I am sorry, but I put this post on the K-1 visa section - just didn't realise what I was doing.

So, if you have read this before, sorry for being so boring!

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.

[diadromous mermaid 36]

I am sorry, but I put this post on the K-1 visa section - just didn't realise what I was doing.

So, if you have read this before, sorry for being so boring!

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.

Girona,

Sorry to hear that you're anxious again. Sometimes, no news is good news~ let's hope. If the Senator has received a letter, can his aide not at least fax a copy to you, so you know where it stands? I thought I recalled Mr. F on BE seemed to know exactly how it was to be presented. I thought your husband had been posting questions to him some time ago. What about a consult with him?

[TracyTN 237]

I'm afraid I don't have any recommendations but I just wanted to say I STILL can't believe this is going on.

MAYBE what she meant on the message was that they need the 'approved' (aka 'he's getting his LPR') paperwork in order to update the formerly 'not approved' paperwork. Did that make sense?

Can you not call her back and get a better explanation? Why would she say that they are issuing the LPR if they actually aren't? (Then again that can be a tough question to answer when involving a US govt. agency! LOL)

[Girona40 0]

I'm afraid I don't have any recommendations but I just wanted to say I STILL can't believe this is going on.

MAYBE what she meant on the message was that they need the 'approved' (aka 'he's getting his LPR') paperwork in order to update the formerly 'not approved' paperwork. Did that make sense?

Can you not call her back and get a better explanation? Why would she say that they are issuing the LPR if they actually aren't? (Then again that can be a tough question to answer when involving a US govt. agency! LOL)

We have just spoken with an attorney, who comes highly recommended, and I have a lot of faith in him. He is in the same mind that K-2's don't age out and has been practising law for over 30 years.

At least now, my anxiety is a little lessened knowing we have someone helping who is on our side.

We will be contacting the lady in Vermont again tomorrow, to see is we can ascertain exactly what is going on. Apparently, the I-485 Denial Notice hasn't been processed yet. The letter we received from the USCIS via the Senator's Office, said he was denied on the 17th January, but it appears this has not been fully processed yet!

God knows, I am getting tired of all this.

Thanks everyone - sorry to be such a pain!

Glenys

[w¡n9Nµ7 §£@¥€r 123]

That is excellent news.

He is in the same mind that K-2's don't age out and has been practising law for over 30 years.

[TracyTN 237]

You're not a pain! Who wouldn't be tired and frustrated by this point???

[w¡n9Nµ7 §£@¥€r 123]

You're not a pain! Who wouldn't be tired and frustrated by this point???

I agree.

[MichelleandCraig 1]

awww Glenys..was hoping to read much better news about this by now...I am also still hopeful that the woman in Vermont knows what she is talking about and there's just some more legal ####### to be dealt with with the denial of the I 485 before they can approve him on the other....will be keeping all of you in my thoughts and looking for the update tomorrow if you find anything else out. (((((Hugs))))) Michelle & Craig

[Peggy 1]

Glad you found yourself a good lawyer. I prayer that he can help you out of this mess that the gov't has put your family in. HUGS

[Girona40 0]

awww Glenys..was hoping to read much better news about this by now...I am also still hopeful that the woman in Vermont knows what she is talking about and there's just some more legal ####### to be dealt with with the denial of the I 485 before they can approve him on the other....will be keeping all of you in my thoughts and looking for the update tomorrow if you find anything else out. (((((Hugs))))) Michelle & Craig

The woman at Vermont was clear in her telephone message yesterday that they couldn't now approve him via the I-751 route. I must admit we were all a bit sceptical about this, since none of us had heard of it being done before - neither had the attorney we spoke with last night, so I have no idea what she was on about!

Thank you Pink Roses. You comment was spot-on! This is a position the government have put us in, not through our own fault. I was steaming last night, as I watched the State of the Union Address - did I hear him right? He said he wanted all government agencies to be consistent!!! Ha! There are three offices now, in our local area, that all have differing opinion on whether my son should be approved or not. If we lived in Texas or California we wouldn't be in this position, because they don't believe K-2's age-out. There is no consistency within the USCIS.

Anyway, I am hoping to contact the woman in Vermont today to see if she can shed any light on why the Washington DC office want MY file. We had all been so happy that we would never have to deal with this office again............now what are they up to? God only knows.

And thanks guys for being so kind - know we are sick of this situation and I am sure most of you are sick of hearing our problems, by now. Sorry - have to get this off my chest somewhere, or I swear I would have left by now.

[Mand 1]

I don't know anything about K2's to help or offer advice, but I think we all wish that they would stop messing you and your family around. And you're so right about every office, Embassy, etc having their own rules. I'm glad to hear you've found a lawyer who knows his stuff and I hope this nightmare will be resolved soon.

[TracyTN 237]

I have searched and searched for that form she mentioned, Girona. Can't find squat.

I'd be calling her back and at least asking for the form number (that seems to make a huge difference in finding govt forms). They've strung you along this long - the least they can do is be more specific about which form is which (among the millions)!!

[Girona40 0]

I have searched and searched for that form she mentioned, Girona. Can't find squat.

I'd be calling her back and at least asking for the form number (that seems to make a huge difference in finding govt forms). They've strung you along this long - the least they can do is be more specific about which form is which (among the millions)!!

If I had her phone number I would, but you know how that goes. I have been contacting her via fax - she calls me when I ask. Typically, today I am not near a fax, but don't want to bother her again too much, she has been incredibly helpful, so far.

Don't worry too much - I don't want to inconvenience every one with this. Thanks for trying.

[diadromous mermaid 36]

I have searched and searched for that form she mentioned, Girona. Can't find squat.

I'd be calling her back and at least asking for the form number (that seems to make a huge difference in finding govt forms). They've strung you along this long - the least they can do is be more specific about which form is which (among the millions)!!

If I had her phone number I would, but you know how that goes. I have been contacting her via fax - she calls me when I ask. Typically, today I am not near a fax, but don't want to bother her again too much, she has been incredibly helpful, so far.

Don't worry too much - I don't want to inconvenience every one with this. Thanks for trying.

The only form that I can think of that is remotely associated with transferring files or petitions is an I-824. Could that be it?

[Girona40 0]

I have searched and searched for that form she mentioned, Girona. Can't find squat.

I'd be calling her back and at least asking for the form number (that seems to make a huge difference in finding govt forms). They've strung you along this long - the least they can do is be more specific about which form is which (among the millions)!!

If I had her phone number I would, but you know how that goes. I have been contacting her via fax - she calls me when I ask. Typically, today I am not near a fax, but don't want to bother her again too much, she has been incredibly helpful, so far.

Don't worry too much - I don't want to inconvenience every one with this. Thanks for trying.

The only form that I can think of that is remotely associated with transferring files or petitions is an I-824. Could that be it?

I don't think so, that is the form entitled Application for Action on an Approved Application or Petition. This case has not been approved. Don't worry, really. I'll figure it out.