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  #1  
Old 08-19-2009, 12:11 PM
Shantibeamer Shantibeamer is offline
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Angry Stepson denied Green Card due to Age Out!, Under 21 when I-485 filed!

We just received the letter from USCIS stating that my step-son had been denied his AOS due to age out. The came to the USA on K1/K2 visas, and we were married in November.

We filed the I-485 in December, 2008, and had the interview on June 5th 2009. His mother was approved the next week, but we received no response on her son until now.
They are saying he has 30 days to leave the country and there is no appeal. We had been told previously, both here in Milwaukee, and at the National 800# that there was no age out risk, since the I-485 was filed prior to his 21st birthday.

The letter states although there is no appeal, I can pay $585 to file a motion to re-open the case. If i do that, what grounds could I use, and do we stand a chance?
Thank you for any help!
David & Carrie
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  #2  
Old 08-19-2009, 02:46 PM
Prashanthi Prashanthi is offline
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Quote:
Originally Posted by Shantibeamer View Post
We just received the letter from USCIS stating that my step-son had been denied his AOS due to age out. The came to the USA on K1/K2 visas, and we were married in November.

We filed the I-485 in December, 2008, and had the interview on June 5th 2009. His mother was approved the next week, but we received no response on her son until now.
They are saying he has 30 days to leave the country and there is no appeal. We had been told previously, both here in Milwaukee, and at the National 800# that there was no age out risk, since the I-485 was filed prior to his 21st birthday.

The letter states although there is no appeal, I can pay $585 to file a motion to re-open the case. If i do that, what grounds could I use, and do we stand a chance?
Thank you for any help!
David & Carrie
You could have used Child Status Protection Act but unfortunately people on K2 and K4 cannot use this provision. CSPA allows aged-out children to adjust status as if they were under 21. The best option would be for him to come indepently of you on a work visa and then you or your spouse apply for him under the appropriate family based category. It is a wait for these categories as the visa numbers are not available.
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Old 08-14-2010, 01:39 PM
buildcraft buildcraft is offline
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Default Step Son Age Out

I have a similar case, our attorney made huge mistake to file for my daughter and put my family in big trouble, I need your help, what happened after you received 30 days removal notice?




Quote:
Originally Posted by Shantibeamer View Post
We just received the letter from USCIS stating that my step-son had been denied his AOS due to age out. The came to the USA on K1/K2 visas, and we were married in November.

We filed the I-485 in December, 2008, and had the interview on June 5th 2009. His mother was approved the next week, but we received no response on her son until now.
They are saying he has 30 days to leave the country and there is no appeal. We had been told previously, both here in Milwaukee, and at the National 800# that there was no age out risk, since the I-485 was filed prior to his 21st birthday.

The letter states although there is no appeal, I can pay $585 to file a motion to re-open the case. If i do that, what grounds could I use, and do we stand a chance?
Thank you for any help!
David & Carrie
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Old 08-14-2010, 06:17 PM
Shantibeamer Shantibeamer is offline
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Default K2

Please write me at shantibeamer AT yahoo DOT com
I will connect you with someone more experienced than me.
David
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  #5  
Old 08-15-2010, 12:42 AM
Ann Ruben Ann Ruben is offline
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Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice
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Shantibeamer,

There are ample legal grounds for a Motion to Reopen. The USCIS policy of refusing to apply the Child Status Protection Act to individuals in K-2 status has been successfully challenged in Federal Court. There are at least seven cases like your stepson's now pending before the Board of Immigration Appeals.

The relevant legal arguments are contained in an amicusbrief submitted by the American Immigration Lawyers Association:http://www.aila.org/Content/default.aspx?docid=30587
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