ChrisA

Just sent Stuart the letter along with our current timelines, will wait for his response.

On June 30, 2008, you filed Application to Register Permanent Residence or Adjust Status, Form 1-485, pursuant to Section 245 of the Immigration and Nationality Act (the Act). Title 8, Code of Federal Regulations. Part 245.1 states in pertinent palis: © Ineligible aliens. The following categories of aliens are ineligible to apply for adjustment of status to that of a lawfu I permanent resident al ien under Section 245 of the Act: (6) Any alien admitted to the United States as a nonimmigrant defined in section 101(a)(15)(K) of the Act, unless: (i) In the case of a K-I fiancee e) under section 101(a)( 15)(K)(i) of the Act or the K-2 child of a fiance(e) under section 101(a)(15)(K)(iii) of the Act, the alien is applying for adjustment of status based upon the marriage ofthe K-I fiancee e) which was contracted -\vithin90.days.ofe.ntry-wit!1-the.United SL'ltes.citizel:-'.vhD fi!ed.a.p~tition on heh3lfof_ the K-I fiancee e) pursuant to Section 214.2(k) ofthis chapter; The record reflects that you last entered the United States on June 13,2008, at Los Angeles, California. On that date you were admitted as a nonimmigrant minor child of a fiance (K-2) of a United States citizen. Your nonimmigrant classification was accorded under Section 214 of the Act and your visa was issued on June 6, 2008, at the United States Consulate in Guangzhou, China. A review of the record reveals that you turned twenty one (21) years of age on July 15.2008. Because you have turned twenty one (21) years of age, you are no longer eligible for classification as K-2 child of a fiance(e) under Section 10 I(a)( 15)(K)(iii) of the Act. FUliher. you are no longer entitled to any of the benefits under Section 245 of the Act. Therefore, your application must be and hereby is, denied. This is the extact wording of the letter.

Well, Had a nice conversation with Stuart Folinsky today, his suggestion was to submit an Appeal, Motion to Reconsider to the Chicago Lockbox, this has to be completed within 30 day the USCIS official notice of denial. He wants a copy of the notice of denial to reference the paragraphs and sub-paragraphs the USCIS used for their basis for the denial. His thoughts in reference to the MTR is to overturn the decision from the local field office here in Phoenix.

Got It

I understand your point Randy, but his over-stay was inconjunction with the pending AOS Application filed before he turned 21, so the over-stay is moot argument form the USCIS standpoint.

Randy, Thanks for the Info. I sent a letter to Stuart Folinsky a couple of minutes ago, requesting his assistance, will see where this leads to? I'll keep you posted via PM. Chris

http://www.uscis.gov/propub/template.htm?v...;hash=0-0-0-981 Randy, Here is the link, tell me what you think?

I read this in the USICS AFM. I'll look agian and attach the link.

How, true, it's a shame because once he was able to get his SSN card, Uncle Sam if needed could draft him. When I look at this from this POV, the US want's him to die for this country but won't give legal residents? The positive from this and the other who have went before me and other, we do have a legal presidence and dicission for the baseless deinal of the AOS. I was reading the other day about an amendment in Child Protection Act of 2002, that in same cases the K2 is protected.

Well the bad news came in the mail today, USICS denied the son's AOS, based on being "Aged-Out". Along with this the, EAD has been cancelled, they already have the AP, bo need to worry about this. We have done everything we legally could do, Visa prior to 21, Entry into the USA prior to 21, Marraige prior to 21, AOS documents submitted prior to 21. Even though he is authorized to Adjust Status concurrently with his mother, he was still denied.

Got the Official Notice that the GC has been ordered for the wife, no word on the son. Alos the USCIS website has been updated to reflect the change, pretty quick.

Good luck - I hope it works out! Randy, Thanks, I hope it does too! Were making prep. in case it doesn't happen, and the course of action we will take (legal means). Do you have any updates in reference pending cases of the Aged-out issue? No, but if you should have to go to court, I think the only questions are, how many courts you'd have to go through and how long (hopefully, only one) Remember that as long as he has a pending court case, he's entitled to stay for it, but that they may revoke his EAD and AP, Well, the IO did take both Ap's, but they both still have the EAD's, I hope that's a positive?

Good luck - I hope it works out! Randy, Thanks, I hope it does too! Were making prep. in case it doesn't happen, and the course of action we will take (legal means). Do you have any updates in reference pending cases of the Aged-out issue?

Well, the I-797 Approval Notice from USCIS dated the same day as the interview for the wife arrived today, so in 3 weeks with the CLPR card should arrive. Still don't know the status for the son (possible Aged-Out) notice from USICS. I can't say if this good news or not, but I got the feeling that it won't be good news. Kind of half happy and half sad, were half way there, and also knowing there still is anothe battle coming with USCIS.

Well the AOS interview went well, it wasn't approved on the spot but the discision on approval will be completed and CLPR card issued within 3 to 4 week, I think this due to her son's possibility of being aged-out. One point of concern, was my Lao Po's father, he has 2 first names i.e. AKA, which we have documentated. I don't know why he has 2 first names, maybe one of our fellow CFL members has the answer. It was kind of hard to explain this to the IO the reason.

Does anybody have a list of AOS question for both K1 & K2 AOS interviews, other than what has been posted (the 97 possible questions at interview time). From what I have read, the K3 questions are the relevant to the topic, we are prepared, does anybody have tips to be additionally prepared for? I'm more concern about K2 questions the IO may ask.

Nope, your preparing for the first green card interview. The 21 month clock starts on the removal of conditions once they receive the first green card. I understand, but there is a possibility that we may not have a 10 year GC interview for the removal of conditions?

Sorry - I missed this earlier. Yes - his visa came almost a year after hers, so the AOS interview was a year later. In fact, the interviewing officer asked Jiaying at her interview if she wanted to bring her son. When she said, 'Yes', that was the first I had heard of it. Randy, I knew you would reply sooner than later, your son' was an FTJ situation, so your's and our's situation are a bit different, but the conditions are the same. I just hope our son gets his CLPR, and I hope will give you more ammo, to fight with USCIS when you continue the appeals process.

Nope, your preparing for the first green card interview. The 21 month clock starts on the removal of conditions once they receive the first green card. Lee, Thx for the response. Yes, I'm glad they are both on the same day, the son's is the first of both interviews, I don't know if they will allow her to attend the interview with me?

So, I'm preparing for the 2 year (hence 21 month) interview for (10 yr GC) a year in advance?

Well, we just got the 2nd NOA for her son, interview is the same day, about 30 minutes earlier. Randy, did you son have a separate interview (different day) from your wife's interview?

Just looking at resent trends, most have had there GC (CLPR) sent without an interview for there AOS? With that said, I see not one interview but two interviews in the future, one in April 09, and then again in Jan/Feb 2011 for the (10 yr GC)? I'm not worried about either one, but it does seem odd to say the least since our case was transferred from MSC to CSC.

Not many people have interviews on April 22, 2009 , but other than that - was there a question? HI Randy, Just kind of odd, to have a interview when she hasn't received her first CLPR/CG? But then again its been 8 months since they received the AOS packet?

Guys, does this sound normal, we have been waiting the her CLPR card, but now we have an interview date for 22 April 09.

Ran into the same problem, file your AOS, then wait for the EAD (90 days), once you have this then go to SSA for her SSC and your local DMV for her State ID Card.