USCIS CSC REF

[ChrisA]

Thanks All, for the info.

 

So now the thought is CR1 or IR1 for her son, even though the law states the child retains the same rights as the mother once the I-485 is filed, then the wait for the AOS interview becomes the problem which occures 21 months later?

 

I hate laws that contradict each other?

[ChrisA]

Randy,

 

Do you know of any case laws references (pending case #'s) as the basis used to refute cases like ours?

 

Chris

[Randy W]

Randy,

 

Do you know of any case laws references (pending case #'s) as the basis used to refute cases like ours?

 

Chris

 

I can get you (tomorrow) AOS denial notices, Notice to Appear at removal proceedings, and positions, and responses. The only one I know that lost was the Jiang case in the 9th District Court - they had filed the I-485 after the 21st birthday (I'm pretty sure I have a copy of this decision). This case is currently under appeal, but should go to trial soon. There is a case scheduled for Jan. 15. Ours is scheduled for Feb 15, but the "child" has decided to take voluntary departure. Our lawyer and theirs (USCIS) both say that we would win at that time, but that they are 100% likely to appeal.

 

Your wife would have to file the I-130 after she adjusts status (you can't since he is not your "child for immigration purposes" - under the age of 18 at the time of marriage). If she adjusts status after his 21st birthday, it would mean a 10 year wait for visa availability (or 5 year if she becomes a citizen).

[ChrisA]

The plan is to file the I-485 AOS for the both of them, after our marriage, which we hope is prior to his 21st birthday. The fight could be very costly if we chose to appeal, if this should be necessary.