AOS Interview

[ChrisA]

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

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?

[ChrisA]

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.

[dnoblett]

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.

Depends on where your I-485 went, if it was transferred to USCIS CSC (California Service Center) in most cases this results in a green-card without interview. If the I-485 remains at NBC (Missouri) for a long time, then this results in an interview being requested.

 

Anyway good to see that your interview went well.

[ChrisA]

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.

[Randy W]

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.

 

Good luck - I hope it works out!

[LeeFisher3]

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

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?

Sure that is possible and has happened for many, but you need to prepare everything so that if you have an interview you are prepared.

[ChrisA]

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.

 

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?

[Randy W]

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.

 

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,

[ChrisA]

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.

 

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?

[Randy W]

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.

 

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?

No - not yet. The green card is the concern here

[ChrisA]

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.

Edited April 30, 2009 by Chris&lijun (see edit history)

[ChrisA]

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.

[Randy W]

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.

 

 

This is all that's specified in the INA - it's a pretty round-about interpretation of the wording to interpret it as saying that the word "child" means that he must still be a child at the time of the interview.

 

But that's their interpretation of it for now. Good luck in your battle - there's no doubt in my mind that you'll win if you can fight it out through whatever court(s) are necessary.

 

Sorry to hear this. It's a shame that the other cases haven't had an effect on their policy, but they just really didn'y hit the heart of the child at the time of the interview issue.

[ChrisA]

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.

[Randy W]

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.

 

Do you have a link to this?