K2 Age Out - Questions I am coming across

[Hanging On]

Hello usual suspects, and hopefully some new blood.

My stepson was denied his AOS on Aug 14, 2009, because he turned 21 on April 11. The I-485 etc was filed in December, 2008.

We have been researching and talking to lawyers, but haven't yet hired one. The next step, if we follow protocol, is to file a MTR (Motion to Reconsider) on an I-290B (opt E). To do this, we need supporting: "Statutes, regulations, or precedent decisions". If anyone has any example MTR it would be extremely helpful.

 

We have Verovkin and Grushin, but neither court has much clout nationally. The cover letter of Grushin states: "THIS DECISION IS FINAL UNLESS AN APPEAL IS FILED WITH THE BOARD OF IMMIGRATION APPEALS WITHIN 30 CALENDAR DAYS". Does anyone know if this was done? If not, I think the governments¡¯ failure to appeal would be significant evidence.

 

I am still trying to figure out the hierarchy of the immigration courts. I believe this is the order, or chain of command:

 

Milwaukee USCIS office would handle the Motion to Reconsider?

Next to the Administrative Appeals Office (AAO) in Washington?

Next to a Judge in Immigration Court (somewhere)?

Board of Immigration Appeals (BIA)

 

 

I also don¡¯t understand at what point this could move from the immigration courts into the Federal Courts.

US District Court in Milwaukee

7th Circuit Court of Appeals in Chicago

(are there other courts?)

US Supreme Court

 

Any help figuring this out will be appreciated. I have contacted American Families United, but not yet had a response. Are there other advocacy groups?

Thanks, David

[Randy W]

The problem is that the cases are decided individually - usually nothing will address the underlying policy of denying over 21 K-2's directly.

 

The USCIS will file removal proceedings in the immigration courts. If I remember correctly, there is one more level before it goes to the outside courts.

 

Or - you can file suit yourself. This is where you really need a lawyer to discuss strategy with.

[Jaseball]

I don't have direct experience with this, but I believe it would be a great asset for everyone to help and follow your own situation and eventual resolution for anyone else with this issue in the future.

[Hanging On]

I don't have direct experience with this, but I believe it would be a great asset for everyone to help and follow your own situation and eventual resolution for anyone else with this issue in the future.

Thanks to everyone for their support. I will do my best to share what I learn and am able to do. I have posted info on several sites, and was excited to be contacted by Verovkin's father earlier this evening. We all owe him for pushing the envelope for his son.

I have also written Grushin's lawyer, asking if the government ever appealed the case.

This is a wonderful site for us with Chinese loved ones. I have not found any others with this quality of help. We need a site for everyone! Any suggestions.

David