K-2 age out

[sichuan red]

Carl,

 

I have read over on VJ, that some have received there NOA's right after the BIA decision came down. Right now the IJ, has no part left in deciding our case, just needs to stamp as closed. Our lawyer is currently in a session/appearence before the IJ with another case, once he's available, I'll more on how to proceed from this point.

 

 

I think yours would be a court-ordered Adjustment of Status, so you should get any details at this hearing or through your lawyer.

 

But yes, I would interpret the response they filed as being an acknowledgment of the ruling, and that all future K-2's will be handled correctly.

 

I have been following this thread closely as my future stepson will turn 21 in November. They will travel to the U.S. in the latter part of September. I do not want to delay our marriage and submission of the AOS in fear of an age-out.

[ChrisA]

Randy,

 

I spoke with our lawyer today, the problem is with ICE's Asst.Chief Counsul, he has tried to speak with her and will continue to reach out via voice mail and email (I like email as leaves a paper-trail), but if they don't respond it to take the next step and address the Chief Counsul at ICE here in Phx. I guess at this point, if they don't respond then well need to run it up the flagpole, i.e., following the chain of command, if the papertrail shows the attemps with no response, it's a good way to find yourself in unemployed line. I'm not sure if it's possible to refile our lawsuit back in US District Court or file an injunction with District Court, as we are still in proceedings and doesn't make any sense to punish my son by waiting until this time next year when the decision is binding nation wide now.

 

In other words, it's a Co-op between ICE and us, if they don't co-op we have to wait, that to is BS. I'm still wating to hear something from the rest of the K2 affected friends to hear or see if their status has changed or if there in the boat as us (waiting).

Edited July 29, 2011 by Chris&lijun (see edit history)

[ChrisA]

Carl,

 

I have read over on VJ, that some have received there NOA's right after the BIA decision came down. Right now the IJ, has no part left in deciding our case, just needs to stamp as closed. Our lawyer is currently in a session/appearence before the IJ with another case, once he's available, I'll more on how to proceed from this point.

 

 

I think yours would be a court-ordered Adjustment of Status, so you should get any details at this hearing or through your lawyer.

 

But yes, I would interpret the response they filed as being an acknowledgment of the ruling, and that all future K-2's will be handled correctly.

 

I have been following this thread closely as my future stepson will turn 21 in November. They will travel to the U.S. in the latter part of September. I do not want to delay our marriage and submission of the AOS in fear of an age-out.

 

This has been a battle, just make sure you don't waste anytime and make double sure your stepson enters the USA before his 21st BD.

[ChrisA]

Carl,

 

I have read over on VJ, that some have received there NOA's right after the BIA decision came down. Right now the IJ, has no part left in deciding our case, just needs to stamp as closed. Our lawyer is currently in a session/appearence before the IJ with another case, once he's available, I'll more on how to proceed from this point.

 

 

I think yours would be a court-ordered Adjustment of Status, so you should get any details at this hearing or through your lawyer.

 

But yes, I would interpret the response they filed as being an acknowledgment of the ruling, and that all future K-2's will be handled correctly.

 

Randy,

 

There respond to the Le decison, was one of that being pissed on, they're not happy here in AZ with this decision, Asst. Chief Counsul sucks big time (airhead) as far as I'm concerned, rude, lying to the IJ at our last MC hearing in reference to our filed brief (motion) to the IJ Court. I guess she thinks her s... doesn't stink.

[Randy W]

Randy,

 

I spoke with our lawyer today, the problem is with ICE's Asst.Chief Counsul, he has tried to speak with her and will continue to reach out via voice mail and email (I like email as leaves a paper-trail), but if they don't respond it to take the next step and address the Chief Counsul at ICE here in Phx. I guess at this point, if they don't respond then well need to run it up the flagpole, i.e., following the chain of command, if the papertrail shows the attemps with no response, it's a good way to find yourself in unemployed line. I'm not sure if it's possible to refile our lawsuit back in US District Court or file an injunction with District Court, as we are still in proceedings and doesn't make any sense to punish my son by waiting until this time next year when the decision is binding nation wide now.

 

In other words, it's a Co-op between ICE and us, if they don't co-op we have to wait, that to is BS. I'm still wating to hear something from the rest of the K2 affected friends to hear or see if their status has changed or if there in the boat as us (waiting).

 

 

Yes - your son's AOS was denied, so I don't think you're in that boat. That is, the ruling doesn't undue any previous denials (of course check with your lawyer there). But it does, of course, affect the ruling in your case.

 

It seems to me that you're basically waiting for adjudication - perhaps rattling a few cages will help, such as writing your congressmen, contacting the USCIS Ombudsman, etc.

 

But your hearing is the Aug 2£¬isn't it? Seems like you need that stamp on the papers before anything happens.

[ChrisA]

Randy,

 

I spoke with our lawyer today, the problem is with ICE's Asst.Chief Counsul, he has tried to speak with her and will continue to reach out via voice mail and email (I like email as leaves a paper-trail), but if they don't respond it to take the next step and address the Chief Counsul at ICE here in Phx. I guess at this point, if they don't respond then well need to run it up the flagpole, i.e., following the chain of command, if the papertrail shows the attemps with no response, it's a good way to find yourself in unemployed line. I'm not sure if it's possible to refile our lawsuit back in US District Court or file an injunction with District Court, as we are still in proceedings and doesn't make any sense to punish my son by waiting until this time next year when the decision is binding nation wide now.

 

In other words, it's a Co-op between ICE and us, if they don't co-op we have to wait, that to is BS. I'm still wating to hear something from the rest of the K2 affected friends to hear or see if their status has changed or if there in the boat as us (waiting).

 

 

Yes - your son's AOS was denied, so I don't think you're in that boat. That is, the ruling doesn't undue any previous denials (of course check with your lawyer there). But it does, of course, affect the ruling in your case.

 

It seems to me that you're basically waiting for adjudication - perhaps rattling a few cages will help, such as writing your congressmen, contacting the USCIS Ombudsman, etc.

 

But your hearing is the Aug 2£¬isn't it? Seems like you need that stamp on the papers before anything happens.

I got the year wrong 2 Aug 2012, not 2011, I miss heard the year in court.

[Randy W]

Randy,

 

I spoke with our lawyer today, the problem is with ICE's Asst.Chief Counsul, he has tried to speak with her and will continue to reach out via voice mail and email (I like email as leaves a paper-trail), but if they don't respond it to take the next step and address the Chief Counsul at ICE here in Phx. I guess at this point, if they don't respond then well need to run it up the flagpole, i.e., following the chain of command, if the papertrail shows the attemps with no response, it's a good way to find yourself in unemployed line. I'm not sure if it's possible to refile our lawsuit back in US District Court or file an injunction with District Court, as we are still in proceedings and doesn't make any sense to punish my son by waiting until this time next year when the decision is binding nation wide now.

 

In other words, it's a Co-op between ICE and us, if they don't co-op we have to wait, that to is BS. I'm still wating to hear something from the rest of the K2 affected friends to hear or see if their status has changed or if there in the boat as us (waiting).

 

 

Yes - your son's AOS was denied, so I don't think you're in that boat. That is, the ruling doesn't undue any previous denials (of course check with your lawyer there). But it does, of course, affect the ruling in your case.

 

It seems to me that you're basically waiting for adjudication - perhaps rattling a few cages will help, such as writing your congressmen, contacting the USCIS Ombudsman, etc.

 

But your hearing is the Aug 2£¬isn't it? Seems like you need that stamp on the papers before anything happens.

I got the year wrong 2 Aug 2012, not 2011, I miss heard the year in court.

 

 

yes - I see now where you had posted that earlier, but it looks to me like you are currently on track to have NOTHING happen between now and the hearing.

 

You definitely need to square that away with the lawyer ASAP and see if you can't get resolution sooner, or at least find out what the deal is. I would think that the judge would be willing to squeeze you in sooner, and that the ICE attorney would be agreeable.

 

I don't think InfoPass can help, since you are AOS-denied in their book.

 

I VERY much hope the lawyer will have better news for you.

[ChrisA]

ICE Counsul is in the same building where an InfoPass apppointments would be held, so I don't know if I could make a appointment with Chief Counsul to talk about our case, probably not.

 

As I said earlier, our lawyer is trying, but if need be I can always drop into McCains office for a chat and push the issue from another direction.Usual response time is 7 working days from the submitted date of an Congressional Inquiry

 

Told our lawyer, everybody has a boss, document everything, no response, take it to the next level, sometimes people learn the hard way but they Will Learn something in the long-run, might not be a postive exerience to say the least but an experience none the less.

 

That's one of the reasons I retire from the Gov.