K2 Age Out - Letter to my Congresswoman

[warpedbored]

I agree with you but if the only way we are going to get the K-2 issue fixed is to give amnesty to illegals then that may me what we have to do.

[Randy W]

I agree with you but if the only way we are going to get the K-2 issue fixed is to give amnesty to illegals then that may me what we have to do.

 

 

Ah - how would he fix the K-2 issue?

 

If a mother has to leave her 16 year old behind, that would only make the issue worse.

[ChrisA]

I agree with you but if the only way we are going to get the K-2 issue fixed is to give amnesty to illegals then that may me what we have to do.

 

 

Ah - how would he fix the K-2 issue?

 

If a mother has to leave her 16 year old behind, that would only make the issue worse.

 

I agree, but they knew from the beginning that they were crossing a greyline with Immigration, I do feel for them. Had they chosen to come here legally, this wouldn't an issue.

 

Both Houses have some heavy thinking to do in regards on how to fix current Immgiration Laws and how were going to treat illegals now and in the future.

 

IHMO, I think both Houses should focus on current Immigration Laws in regards to those of us who have brought our families here legally, but still have to fight for every inch we gain towards LPR status first.

 

Then after that, introduce a new Bill for those who here illegally, I hope like hell they don't combine anything to what has already been put forth for debate on th floors of both Houses.

[Randy W]

I agree with you but if the only way we are going to get the K-2 issue fixed is to give amnesty to illegals then that may me what we have to do.

 

 

Ah - how would he fix the K-2 issue?

 

If a mother has to leave her 16 year old behind, that would only make the issue worse.

 

I agree, but they knew from the beginning that they were crossing a greyline with Immigration, I do feel for them. Had they chosen to come here legally, this wouldn't an issue.

 

Both Houses have some heavy thinking to do in regards on how to fix current Immgiration Laws and how were going to treat illegals now and in the future.

 

IHMO, I think both Houses should focus on current Immigration Laws in regards to those of us who have brought our families here legally, but still have to fight for every inch we gain towards LPR status first.

 

Then after that, introduce a new Bill for those who here illegally, I hope like hell they don't combine anything to what has already been put forth for debate on th floors of both Houses.

 

 

Both Carl and I are talking about the K-2 issue. I'm saying that his congressman won't help

[ChrisA]

Randy,

 

I agree, his head is someplace else and not focused on the real problems with Immigration.

[tian shan people]

its an old topic, but undecided. today k2 visa holders AOS still face age out issues

[Randy W]

its an old topic, but undecided. today k2 visa holders AOS still face age out issues

 

 

The age of a child is protected for immigration purposes as of the date the I-130 is filed. This is NOT applied to K-2 children, since no I-130 is filed. For K-2's, the age is fixed by a BIA ruling as of the date of entry to the US.

 

New K-2 Ruling - As of June 28, 2011, the Board of Immigration Appeals (BIA) has ruled on the K-2 issue - the finding is that the INA as amended by the IMFA does not specify a point at which the age of the K-2 visa holder should be determined. The BIA referenced prior law to come to the conclusion that the date that should be used is the date of admission to the US. The USCIS has acknowledged the ramifications of this ruling in a court briefing filed on June 28, 2011.

 

Under the ruling, a K-2 visa holder admitted to the United States before his 21st birthday IS eligible to adjust status, and may not be ruled ineligible on the basis of having attained his/her 21st birthday.

 

Looks like this was the ruling that cemented the new policy - http://www.justice.g.../vol25/3719.pdf

 

Matter of Hieu Trung LE, Respondent

Decided June 23, 2011

[Randy W]

A full discussion of USCIS' changed K-2 policy - http://candleforlove.com/forums/topic/46846-k2-age-out-and-aos/?p=612439

[Randy W]

On the other hand, there's this, also from USCIS "Last Reviewed/Updated 07/14/2015"

 

K Nonimmigrant

 

Special Considerations When Seeking Adjustment of Status as a K-2

The Section 101(b)(1) of the Immigration and Nationality Act defines a "child" as "an unmarried person under twenty-one years of age." Generally, a K-2 can seek adjustment of status as the minor child of a K-1. Therefore, if the K-2 adjusts status based on the K-1's adjustment, then the K-2 can only adjust status prior to his or her 21st birthday. Several recent developments may impact a K-2s ability to seek adjustment beyond the age of 21.

 

[ChrisA]

Randy,

 

There trying to buck the BIA Decision in the Matter of LE, with this statement 4 years after the fact, too many cases of been Adjudicated since June 2011 for this hold any water. a good lawyer can handle this.

[Randy W]

Randy,

 

There trying to buck the BIA Decision in the Matter of LE, with this statement 4 years after the fact, too many cases of been Adjudicated since June 2011 for this hold any water. a good lawyer can handle this.

 

 

What it indicates is that there is still a contingent within the USCIS that WILL deny an "aged-out" K-2. Courts and lawyers shouldn't be necessary when they HAVE acknowledged the ruling in the past - http://candleforlove.com/forums/topic/46846-k2-age-out-and-aos/?p=626904

 

i. Please confirm that the USCIS will adopt the position of the BIA in the Le case.

RESPONSE: Yes, USCIS will follow the BIA’s decision in Matter of Le.

ii. Will USCIS be issuing guidance to the field on adjudicating cases covered by Le?

RESPONSE: Yes, guidance is being developed to address Le.

 

Apparently, not everyone who needs to have read this got that memo.

Edited February 5, 2016 by Randy W (see edit history)