I-485 for K2 Stepson denied due to age out

[Hanging On]

We just received the letter from USCIS stating that my step-son had

been denied his AOS due to age out. They came to the USA on K1/K2

visas in October, 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. Does anyone have any experience

with similar situations?

Thank you for any help!

David & Carrie

[Guest Pommey]

sorry to hear this,really sucks.

I believe Randy W has some experience with this and there was someone else maybe last year going through this, but I cant find the thread.

 

I'm not sure really what your options are but to pay the money and re-open the case.

 

I would suggest a early moning call to a good immigration attorney.

 

good luck

 

oh I found your previous post

 

http://candleforlove.com/forums/index.php?showtopic=38174

Edited August 20, 2009 by Pommey (see edit history)

[Randy W]

Telling you that he has 30 days to leave the country is an especially nasty tactic on their part, especially considering the court cases that have been won against this sham interpretation of the INA.

 

Chris&Lijun, as I mentioned to you last night, is the member currently going through the court proceedings.

[ChrisA]

Randy,

 

In our Denial Notice there was nothing said that my son has to leave the country and no time limit to leave period.

 

Dave PM'd me, asking some questions, the MTR is the best choice but a short time-frame to get it submitted. (S) missed the MTR timeline with us (May 31, 09), so were in for the long haul, (MCH) and (RP). (S) still wants us to file a new I-485, that won't happen, I've paid the fee once, I'll be dammed if I'll pay again!

[Randy W]

Randy,

 

In our Denial Notice there was nothing said that my son has to leave the country and no time limit to leave period.

 

Dave PM'd me, asking some questions, the MTR is the best choice but a short time-frame to get it submitted. (S) missed the MTR timeline with us (May 31, 09), so were in for the long haul, (MCH) and (RP). (S) still wants us to file a new I-485, that won't happen, I've paid the fee once, I'll be dammed if I'll pay again!

 

Yes - if the court orders the USCIS to process his AOS, you won't need to pay again. It seems like a new one would simply get a new rejection.

[Guest Pommey]

Randy,

 

In our Denial Notice there was nothing said that my son has to leave the country and no time limit to leave period.

 

Dave PM'd me, asking some questions, the MTR is the best choice but a short time-frame to get it submitted. (S) missed the MTR timeline with us (May 31, 09), so were in for the long haul, (MCH) and (RP). (S) still wants us to file a new I-485, that won't happen, I've paid the fee once, I'll be dammed if I'll pay again!

 

 

in your OP you stated they said he has 30 days to leave the country