K2 Cases before the BIA

[Randy W]

Some of the comments point out that the BIA tends to rubber stamp DHS decisions, but here's an article from Mary Kennay of the AILF:

 

http://immigrationimpact.com/2009/12/17/th...grant-children/

 

The BIA now has the opportunity to fix this unreasonably restrictive DHS interpretation in a precedent decision. Currently, the BIA has before it cases of at least five children of fianc¨¦(e)s who have been put in deportation proceedings because they turned 21 before their adjustment of status applications were decided by DHS. To resolve these cases, the BIA must properly interpret the law on K-2 visas and find that the children remained eligible for adjustment even though they were over 21. If the BIA issues a precedent decision in any of these cases, this decision will be binding on all future cases before DHS.

 

One guy I heard from said, "Neither the judge or the ICE attorney understood right away why we were denied" (for AOS)

[Randy W]

"Today, another district court judge ruled that a K2 can't take her case to

district court under the Administrative Procedures Act or any other

provision of law because there is a statute specifically barring the

district court from reviewing USCIS Adjustment of Status decisions."

 

Basically, moving more in the direction of a Doctrine of Non-reviewability for USCIS decisions - they can interpret the law any way they wish

 

So it seems that the best avenue for an an "aged-out" K-2 is the Immigrations Court - you may request a Notice to Appear

In another case, an "aged-out" K-2 was apparently awarded the AOS with no outside action.

[warpedbored]

Thanks Randy. This is an issue I've been greatly interested in. I look forward to any news on the subject. I have written both my senators and my congressman on it. One of my senator's office called me about it but they were just paying lip service and didn't seem much interested in doing anything about it.

 

Any of you wanting to do something about this grave injustice write your legislators and look into this group http://www.americanfamiliesunited.org/ Urge your legislators to support H.R.4321 http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.4321: It's a good bill that will go a long ways towards correcting a lot of problems with the USCIS.

[ChrisA]

Well,

Time for round 1, after filing a US District lawsuit, the USCIS did issue the long awaited NTA without a court date, nearly 7 months after the denial fo status.

Today after receiving a Call letter about two months ago from USCIS, we have a 2pm Immigration Review appointment with the Deportation Officer.

We alos have our 1st US District court date schedule for 9 April 2010.

[warpedbored]

Good luck Chris. I can't believe the government has let this travesty drag on for so long. The deportation of K-2s just because they had the audacity to turn 21 before they could get around to processing their AOS is nothing short of cruel.

[Randy W]

Well,

Time for round 1, after filing a US District lawsuit, the USCIS did issue the long awaited NTA without a court date, nearly 7 months after the denial fo status.

Today after receiving a Call letter about two months ago from USCIS, we have a 2pm Immigration Review appointment with the Deportation Officer.

We alos have our 1st US District court date schedule for 9 April 2010.

 

 

 

Immigration Review appointment with the Deportation Officer? Haven't heard of that before. Is the court involved?

 

I take it this is with ICE, and not USCIS. Is that correct?

 

Let's hope it all goes well.

Edited March 25, 2010 by Randy W (see edit history)

[ChrisA]

Carl,

 

Thanks for words of support. At least we have progress in this process, USCIS could have easly with held the NTA for months based on the TRAC report, if we had not forced the issue in US District court.

At any rate, we know what the USCIS tactic is with using this action SMJ, we now have to convince the US District Court Judge not to see it not in there favor and have him keep SMJ.

 

Were in discovery mode at the moment, seems according to the USCIS documents of discovery, that we were interviewed by a man, that's incorrect (tall Blond Female), that the AOS denial was stamped the same date (in front of us, we never saw any stamped before us), that is incorrect too!

[ChrisA]

Well,

Time for round 1, after filing a US District lawsuit, the USCIS did issue the long awaited NTA without a court date, nearly 7 months after the denial fo status.

Today after receiving a Call letter about two months ago from USCIS, we have a 2pm Immigration Review appointment with the Deportation Officer.

We alos have our 1st US District court date schedule for 9 April 2010.

 

 

 

Immigration Review appointment with the Deportation Officer? Haven't heard of that before. Is the court involved?

 

I take it this is with ICE, and not USCIS. Is that correct?

 

Let's hope it all goes well.

 

 

Randy,

 

Correct it's DHS/ICE

[warpedbored]

American Families United has started a new website dedicated to K-2 deportation reform. If you would really like to get involved in making a difference I suggest you check them out.

http://k2.americanfamiliesunited.org/

[tkgert]

Good luck Chris. I can't believe the government has let this travesty drag on for so long. The deportation of K-2s just because they had the audacity to turn 21 before they could get around to processing their AOS is nothing short of cruel.

 

A very cruel act by our goverment. 21 or 21 yrs. and 3 days these are still our children and part of our families, and to keep these families apart is a very heartless way our goverment works.

[ChrisA]

Hi All,

 

Yes, truely heartless considering the answer to the question is right their in the exisiting laws (Keyword = Except). This is a battle from my POV "that whatever it takes, so be it".

 

Our little meeting the other day, was his "get-out of jail free card" they were releasing him on his own Recognizance, 90 day checkings.

 

9 April, is just around the corner, should be interesting to see what the direction will be, as I have said earlier, we are hoping the Judge rules in our favor over SMJ. Since, it was the USCIS responsilility to issue the NTA, they failed to follow their own guidance and proceedures as specified in the AFM. Also one other point, with the new study (TRAC), it's no wonder why they're delaying the issuance of NTA now or in the future, the IJ courts are so backlogged, close to a year or more.

[Randy W]

Hi All,

 

Yes, truely heartless considering the answer to the question is right their in the exisiting laws (Keyword = Except). This is a battle from my POV "that whatever it takes, so be it".

 

Our little meeting the other day, was his "get-out of jail free card" they were releasing him on his own Recognizance, 90 day checkings.

 

9 April, is just around the corner, should be interesting to see what the direction will be, as I have said earlier, we are hoping the Judge rules in our favor over SMJ. Since, it was the USCIS responsilility to issue the NTA, they failed to follow their own guidance and proceedures as specified in the AFM. Also one other point, with the new study (TRAC), it's no wonder why they're delaying the issuance of NTA now or in the future, the IJ courts are so backlogged, close to a year or more.

 

 

 

Releasing him from what? Check in with whom?

[warpedbored]

So now they not only want to take him away from his family, they also want to treat him like a criminal even though he has broken no laws.

[ChrisA]

There was the possibility, that he could have be Detained by ICE.

[ChrisA]

We had both my lawyer and a translator there just case went south on us, as they (ICE) won't give any pre-information about the meeting that was held and the purpose?