K2 Age Out - Letter to my Congresswoman

[Hanging On]

Dear ...........

My name is ........... I have lived in .............. for X years, and have supported your campaign. I have a family immigration issue I would like to describe to you.

 

After a more than two year courtship, most of which time I was in China with my fianc¨¦, we successfully obtained the K1 and K2 visa's for her and her only son to come to the USA. They arrived here in October of 2008, and we were married on Thanksgiving Day in the presence of my family. They were happy to be here, and become part of an American family and join in the American life.

 

My stepson, Tianyu, enrolled very quickly in the UWM ESL program, and was awarded an "Outstanding Student" award. He has done volunteer work in the community, and been working as a cleaner at the Bradley Center and Miller park. He is well liked, and a good worker. He has scored very well on both the TOEFL and the ACT, and has been tentatively accepted to MSOE once he gets his green card.

 

We filed for the Adjustment of Status in December of 2008, requesting expedition due to age out potential. In spite of this, our interview was not until June 4th. We followed up with Info Pass appointments with the USCIS, and were told in the Milwaukee office, as well as from the 800 number help line, that we would be OK, since the I-485 was filed before Tianyu's 21st birthday. Even at the interview we were told that his age was: ¡°Not a problem¡±. My wife received her approval and green card within days, but we heard nothing regarding Tim. After waiting the 60 days they insist on, we again scheduled an Info Pass appointment to find out what was going on. 10 days later, we received the denial letter, based on the fact that Tianyu was already 21 at the time of the decision, and no longer a "child".

 

This has been a huge blow to my family, an absolutely crushing disappointment to my stepson. He was very excited about attending MSOE this fall, and optimistic about his future. Tianyu is my wife¡¯s only child. She has raised him herself for the past 16 years, and taught him how to be honest, and work hard. We have letters from his teachers at UWM, supervisor at Miller Park, and the River Revitalization Foundation. These are people that believe in him, and support his goal of living and working here, while continuing his education. Tianyu would be an ideal immigrant, smart, hard working, and obeys the law.

 

Prior to 1986, children of fianc¨¦ immigrants were granted status automatically following the marriage of their parent to a US citizen. The Immigration and Marriage Fraud Amendments inadvertently created this potential age out condition. It has been interpreted differently across the country and over time. We were hopeful, based on our conversations at the Milwaukee office that our application would go smoothly. Unfortunately, it did not, and we could use your help.

 

In the decision for ¡°Verokvin v Still¡±, US District Judge Claudia Wilkin wrote on Dec 21, 2007: ¡°Nothing in the legislative history of the IMFA suggests that Congress intended to eliminate the availability of permanent residence for K-2 visa holders between ages of eighteen and twenty-one. Indeed, such an interpretation would render the K-2 visa meaningless for these children.¡± She further adds: ¡°Because USCIS applied the wrong statute in denying Plaintiff¡¯s application, its decision was arbitrary and capricious, and is subject to remand in any event.¡±

 

In the Grushin case, Immigration Judge Michael H. Bennett wrote on Nov 5, 2008: ¡°Respondent should not be denied the ability to adjust his status in accord with the benefit Congress conferred upon him through the K visa category simply because he happened to turn twenty-one years of age while his mother¡¯s application to adjust her status was pending with USCIS. To find otherwise would render the K-2 visa issued to Respondent meaningless¡±.

 

In spite of these rulings, the USCIS seems intent on expanding on the less friendly interpretation of the K2 Visa Age Out Issue.

There is currently ¡°Reuniting Families Act¡± legislation in process in both the House and Senate. I am sure you are familiar with this issue, and am most likely already a supporter. I ask that you give this issue your full attention.

 

In addition, my wife and stepson are both highly intelligent and interesting people, wanting to learn more about our government and its workings. It would be truly wonderful if we could meet with you, or a member of your staff to discuss our situation.

 

Thank you for your time and attention,

 

............................

[warpedbored]

I too recently wrote my senators and congressman about this issue. My congressman answered my letter

 

Dear Mr. Xxxxxxxx,

 

 

 

Thank you for your letter regarding immigration issues. Immigration is a complex and contentious issue, one that has generated many emails and calls to my office expressing a variety of opinions. It's also an issue that Congress has attempted to address twice in the past three years without success. We should not allow those failures to keep us from finding a path forward. In that spirit, I applaud President Obama's pledge to push for an overhaul of our broken immigration system and I support efforts to begin this process this year.

 

 

 

Among other priorities, I believe that comprehensive immigration reform should reduce wait-times for people trying to follow our immigration laws, simplify and stabilize an effective guest worker program, address security and border control, and give employers the resources they need to hire a legal workforce and better tools to uphold our laws. I also believe that we need to bring into the fold the 12 million people currently living in the US without documentation.

 

 

 

Of particular interest to me is ensuring that children who have come to the United States with their parents are given a chance to achieve permanent resident status. Providing this opportunity for children who came to the U.S. before their 16th birthday, who have demonstrated achievement and who are of good moral character, will strengthen our economy and comports with established notions of basic fairness. I have sponsored legislation-H.R. 1751, the Development, Relief, and Education for Alien Minors Act, or "Dream Act"-to enact these changes.

 

 

 

Immigration rules have a substantial effect on the competitiveness of our agricultural industry which is a very important part of Oregon's economy, particularly in rural communities. The agricultural industry needs a stable and legal workforce to continue providing the food that every American family depends on. An important aspect of immigration reform will be resolving this debate for farming communities across the country. This is why I support H.R. 2414, the Agricultural Job Opportunities, Benefits and Security Act, which is also supported by a wide range of immigration leaders, labor unions, civil rights organizations, religious groups, employers, farmers and farm workers.

 

 

 

Current immigration law does not include any provisions for same sex couples, so gay and lesbian citizens have no process in which to naturalize their partners. By supporting H.R. 2709, the Reuniting Families Act, and H.R. 1024, the Uniting American Families Act, I hope to end this discrimination. These pieces of legislation create a new "permanent partner" category for immigrants so that couples in committed, long-term relationships are afforded the same opportunities as heterosexual couples.

 

 

 

I believe the immigration debate should also encompass the reasons people are compelled to come to the US. One of the most effective ways to curb the influx of people emigrating from their own countries is to improve conditions abroad. I support policies that will advance the quality of life in other countries, not only for humanitarian reasons, but because it assists the United States from a national security perspective and an immigration perspective.

 

 

 

All of these threads must be woven together, along with numerous other substantive policies, to form the fabric of comprehensive immigration reform legislation. As I mentioned, this process is extraordinarily complex and people on all sides have very strong opinions. I look forward to hearing your views and continuing this discussion as Congress weighs these policies.

 

 

 

 

Sincerely,

Earl Blumenauer

Member of Congress

[Randy W]

I too recently wrote my senators and congressman about this issue. My congressman answered my letter

 

Dear Mr. Xxxxxxxx,

 

 

 

Of particular interest to me is ensuring that children who have come to the United States with their parents are given a chance to achieve permanent resident status. Providing this opportunity for children who came to the U.S. before their 16th birthday, who have demonstrated achievement and who are of good moral character, will strengthen our economy and comports with established notions of basic fairness. I have sponsored legislation-H.R. 1751, the Development, Relief, and Education for Alien Minors Act, or "Dream Act"-to enact these changes.

 

 

 

 

 

 

Sincerely,

Earl Blumenauer

Member of Congress

 

 

If he'll change 16th to 21st, then we'll have something to talk about.

[Guest Wuhan4me]

wtf? same sex couples got thrown into the H.R. 2709, the Reuniting Families Act, and H.R. 1024, the Uniting American Families Act ???

 

wtf ?

 

and again

 

wtf ?

[ChrisA]

I too recently wrote my senators and congressman about this issue. My congressman answered my letter

 

Dear Mr. Xxxxxxxx,

 

 

 

Of particular interest to me is ensuring that children who have come to the United States with their parents are given a chance to achieve permanent resident status. Providing this opportunity for children who came to the U.S. before their 16th birthday, who have demonstrated achievement and who are of good moral character, will strengthen our economy and comports with established notions of basic fairness. I have sponsored legislation-H.R. 1751, the Development, Relief, and Education for Alien Minors Act, or "Dream Act"-to enact these changes.

 

 

 

 

 

 

Sincerely,

Earl Blumenauer

Member of Congress

 

 

 

 

If he'll change 16th to 21st, then we'll have something to talk about.

 

 

Randy,

 

I agree, I think he didn't read the whole thing, where he came up 16 instead 21, maybe a typo?

[ChrisA]

I haven't sat down to write any of the Senators or House Rep's yet, I will be very soon, for me it doesn't matter if they're a Dem or Rep.

 

My other issue is waiting for the CSC and what there final decision is in regards with (S), if Barred or Reprimanded from Praticing law?

[Hanging On]

I haven't sat down to write any of the Senators or House Rep's yet, I will be very soon, for me it doesn't matter if they're a Dem or Rep.

 

My other issue is waiting for the CSC and what there final decision is in regards with (S), if Barred or Reprimanded from Praticing law?

 

 

Chris -

The age "16" is not a typo. The "Dream Act" benefits illegals only!

Question, what is happening with (S)? I see he was reprimanded previously. I understand he didn't file it, but did he ever fill in the I-290B? If I understand Randy correctly, the MTR is probably a waste of time and money, except to buy some time. We have an appointment next week with an immigration attorney. No response from any of the congressman I wrote. They are probably all busy with the big funeral. We can always hope they will pass the "Family" act quickly as a tribute.

David

[dnoblett]

I haven't sat down to write any of the Senators or House Rep's yet, I will be very soon, for me it doesn't matter if they're a Dem or Rep.

 

My other issue is waiting for the CSC and what there final decision is in regards with (S), if Barred or Reprimanded from Praticing law?

 

 

Chris -

The age "16" is not a typo. The "Dream Act" benefits illegals only!

Question, what is happening with (S)? I see he was reprimanded previously. I understand he didn't file it, but did he ever fill in the I-290B? If I understand Randy correctly, the MTR is probably a waste of time and money, except to buy some time. We have an appointment next week with an immigration attorney. No response from any of the congressman I wrote. They are probably all busy with the big funeral. We can always hope they will pass the "Family" act quickly as a tribute.

David

 

I feel the Illegals should not be given amnesty, the parents and people who willfully entered the USA illegally, however after reading an article in Wired Mag a few years ago, I do feel that the children that were brought into the USA prior to age 16 should not be penalized for the actions of their parents. There should be a way for illegal children who grew up in this country to be able to become lawful productive members of society.

 

An inspiring story about how a high-school robotics team consisting of some undocumented illegal immigrants beat a team from MIT.

 

http://www.wired.com/wired/archive/13.04/robot.html

 

MORE:

 

http://www.rotaryeclubsouthwest.org/progra...JuneProgram.pdf

 

http://66.223.34.200/News/Immigration/la_vida_robot.htm

 

http://www.azcentral.com/arizonarepublic/a...otkids0731.html

 

http://www.wired.com/wired/archive/13.06/start.html?pg=6

 

http://www.google.com/search?hl=en&q=C...d+Oscar+Vazquez

[ChrisA]

I haven't sat down to write any of the Senators or House Rep's yet, I will be very soon, for me it doesn't matter if they're a Dem or Rep.

 

My other issue is waiting for the CSC and what there final decision is in regards with (S), if Barred or Reprimanded from Praticing law?

 

Chris -

The age "16" is not a typo. The "Dream Act" benefits illegals only!

Question, what is happening with (S)? I see he was reprimanded previously. I understand he didn't file it, but did he ever fill in the I-290B? If I understand Randy correctly, the MTR is probably a waste of time and money, except to buy some time. We have an appointment next week with an immigration attorney. No response from any of the congressman I wrote. They are probably all busy with the big funeral. We can always hope they will pass the "Family" act quickly as a tribute.

David

 

Well,

 

(S) has some major issues with the Bar Assoc., which I didn't know about when I retained him, I'm waiting on the Calif. S/Court and what there decission is in regards to previous clients complaints that have been filed against him.

 

Once, I'm aware of his status, this will dictate what I need to do in the future. I won't say anything more about it here in this format, but will PM you, if you want the details.

[ChrisA]

I haven't sat down to write any of the Senators or House Rep's yet, I will be very soon, for me it doesn't matter if they're a Dem or Rep.

 

My other issue is waiting for the CSC and what there final decision is in regards with (S), if Barred or Reprimanded from Praticing law?

 

Chris -

The age "16" is not a typo. The "Dream Act" benefits illegals only!

Question, what is happening with (S)? I see he was reprimanded previously. I understand he didn't file it, but did he ever fill in the I-290B? If I understand Randy correctly, the MTR is probably a waste of time and money, except to buy some time. We have an appointment next week with an immigration attorney. No response from any of the congressman I wrote. They are probably all busy with the big funeral. We can always hope they will pass the "Family" act quickly as a tribute.

David

I feel the Illegals should not be given amnesty, the parents and people who willfully entered the USA illegally, however after reading an article in Wired Mag a few years ago, I do feel that the children that were brought into the USA prior to age 16 should not be penalized for the actions of their parents. There should be a way for illegal children who grew up in this country to be able to become lawful productive members of society.

 

An inspiring story about how a high-school robotics team consisting of some undocumented illegal immigrants beat a team from MIT.

 

http://www.wired.com/wired/archive/13.04/robot.html

 

MORE:

 

http://www.rotaryeclubsouthwest.org/progra...JuneProgram.pdf

 

http://66.223.34.200/News/Immigration/la_vida_robot.htm

 

http://www.azcentral.com/arizonarepublic/a...otkids0731.html

 

http://www.wired.com/wired/archive/13.06/start.html?pg=6

 

http://www.google.com/search?hl=en&q=C...d+Oscar+Vazquez

 

dnoblett,

 

I understand what your saying.

 

Were talking about a completely different matter (AFU) and their issues they'er presenting, what Carl's Sate Rep, replied to was what you were quoting. Weather or not his Rep understood his letter, kind of left us (Randy and me) quessing why he was speaking of the "Dream Act", when I'm sure Carl was speaking about something completely different.

Only, Carl could tell a little about what ws contained in his letter, or it's possible, that his State Rep is more concerned with the Dream Act and has no knowledge Calif. State Rep. Honda and the issues he presented to the House of Rep's in regards to correcting current Immigration Law.

[warpedbored]

My letter to him was specifically about the K-2 aging out issue. At least this time he replied on the issue of immigration. Last time I Wrote him he replied thanking me for interest in his farm bill. The same sex thing was his position not part of the bill. I agree but that's beside the point.

 

The amnesty for ilegals I'm against but that may be a bitter pill we have to swallow to get what we want.

[Hanging On]

My letter to him was specifically about the K-2 aging out issue. At least this time he replied on the issue of immigration. Last time I Wrote him he replied thanking me for interest in his farm bill. The same sex thing was his position not part of the bill. I agree but that's beside the point.

 

The amnesty for ilegals I'm against but that may be a bitter pill we have to swallow to get what we want.

 

My concern is that they are trying to cover all of the bases with a grand slam, when all we need is a bunt single! I have read that even Pelosi isn't behind the current house bill. In the senate version, S.1085 very specifically covers our needs:

 

S.1085

Reuniting Families Act (Introduced in Senate)

 

SEC. 8. FIANCEE CHILD STATUS PROTECTION.

(a) Definition- Section 101(a)(15)(K)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(iii)) is amended by inserting `, provided that a determination of the age of such minor child is made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien's parent as the fiancee or fiance of a United States citizen (in the case of an alien parent described in clause (i)) or as the spouse of a United States citizen under section 201(B )(2)(A)(i) (in the case of an alien parent described in clause (ii));' before the semicolon at the end.

(B ) Adjustment of Status Authorized- Section 214(d) of the Immigration and Nationality Act (8 U.S.C. 1184(d)(1)) is amended--

(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(2) in paragraph (1), by striking `In the event' and inserting the following:

`(2)(A) If an alien does not marry the petitioner under paragraph (1) within 3 months after the alien and the alien's minor children are admitted into the United States, such alien and children shall be required to depart from the United States. If such aliens fail to depart from the United States, they shall be removed in accordance with sections 240 and 241.

`(B ) Subject to subparagraphs (C ) and (D), if an alien marries the petitioner described in section 101(a)(15)(K)(i) within 3 months after the alien is admitted into the United States, the Secretary of Homeland Security or the Attorney General, subject to the provisions of section 245(d), may adjust the status of the alien, and any minor children accompanying or following to join the alien, to that of an alien lawfully admitted for permanent residence on a conditional basis under section 216 if the alien and any such minor children apply for such adjustment and are not determined to be inadmissible to the United States.

`(C ) Paragraphs (5) and (7)(A) of section 212(a) shall not apply to an alien who is eligible to apply for adjustment of his or her status to an alien lawfully admitted for permanent residence under this section.

 

{edit} To remove and © and relace with (B ) and (C )

Edited August 28, 2009 by dnoblett (see edit history)

[Guest Wuhan4me]

in regards to a 'response letter'.

 

This is canned, cobbled together by a staffer.

 

There's many layers of folk inbetween you and the Senator / Congressman - it's a sad statement, but - only money will get you 5 minutes of focused attention (which, alas, that response letter was not ).

 

If yer so inclined, form yer own 501c(3) npo, with this type of entity you can donate MORE monies than just a private citizen, into the campaign re-election coffers of said rep/sen.

 

Truly, this is the method to get their attention - a letter, from a private citizen, doesn't work - you've not gotten the results you've expected, right?

[Guest Wuhan4me]

David and Carrie -

 

I did not note in your letter, asking for direct intervention in the son's AOS case.

 

The splitting point always seems to be the 'age' at time of filing for AOS, versus the 'age' at time of I-485 adjudication.

 

Your letter did address the two timeticks, but did not, IMO, ram home the concept of the letter of the law, vs what is now 'common practice'. You mentioned it, but you did not 'ram it home'.

 

If you have the inclination and time, I suggest you write up another letter to the same entity, and stress the 'letter of the law' with respect to the son's derived status, mentioning specifically that the letter of the law has been transgressed by USCIS, and there is a common practice of chosing a different timetick for age-ing out of K-2 beneficiaries, and that you ask specifically for a phone call from the entity (and not a staffer) with an inquiry as to why the letter of the law has been transgressed for this particular case If you phrase it that way, and the entity phrases it that way, there is assumption in place that the law has been transgressed, and it's up to that Senior Chief with the USCIS that takes the phonecall - to actually answer about WHY it's been transgressed (as oppossed to giving a lame opportunity to say 'We'll look into it' .. )

 

Nota.Bene - I'm not a lawyer, nor do I play one on TV. But - I will note - that my lawyers do what I tell them, all at 250/hr, mostly, this century. I've educated 17 lawyers in the past 2 years for immigration issues, all on my own dime.

Edited August 29, 2009 by Wuhan4me (see edit history)

[ChrisA]

My letter to him was specifically about the K-2 aging out issue. At least this time he replied on the issue of immigration. Last time I Wrote him he replied thanking me for interest in his farm bill. The same sex thing was his position not part of the bill. I agree but that's beside the point.

 

The amnesty for ilegals I'm against but that may be a bitter pill we have to swallow to get what we want.

 

Carl,

 

Thanks for the clarification, of your letter. Ref; your House Rep, he has his own agenda and the other issues don't play any part in his thinking process, he would rather have or give illegals amnesty, while we the taxpayer foot the bill to bring our family here via legal means.