K-2's in court

[clifdyvr]

Can anyone tell me what ever happened to the Jiang case that went to the 9th circuit?
We are in Immigration court for removal, awaiting our merit hearing. Was wondering if something happened in Jiang that could help/hurt our chances... Thanks, RDG

[Ronnie]

The Jiang case has been a non-event.  Unfortunately the attorney for Jiang botched the case (and the appeal) and thereby the opportunity opportunity to put the matter to rest once and for all was missed. 

When is your hearing?  You should cite my stepson's case Verovkin v Still.  There is another case before the Verovkin judge and a ruling may be out soon that could affect others.  The Immigration Judge in Michael Head's case back in WV has ruled that the USCIS was wrong to apply age-out theory to him.  He's been fighting for 6 years.  Using the same attorney that Jiang used.

[clifdyvr]

 Thank you very much for responding Ronnie. Our merit court date is May 4th. Do you know where I might get a copy of the WV IJ's opinion/determination? I think that case in conjunction with yours may help us here in Nevada.
 No one here in Reno had heard of your case until I told them about judge Wilken's eloquently phrased opinion. It would also seem that the immigration attorney here does not know about your decision as well. When we were in court for master hearing, the immigration attorney asked our lawyer what he was doing and added, "he's aged out" and shook his head. It amazes me how the people involved in immigration do not keep up to date, from the adjudicators, office directors, and "immigration specialist" lawyers.
 Sorry to take so long to respond. I have not logged in for some time. Thought I would check in before visiting our attorney today. I appreciate the update on Jiang. It is not surprising that an attorney that has been disciplined twice by the board would botch the case. Being able to refer to a 9th Circuit case could have helped us immensely. 
 Again, thank you for leading the way in this issue that has brought grief and despair to so many families of American citizens.

[Ronnie]

send me a pm with your name and email and I'll send you two other Immigration court cases that were decided consistent with Verovkin.  One in Seattle and the other in Minneapolis.  The Minneapolis IJ wrote a decision equal in eloquence and rationale to Wilken.  The WV case has not been written up yet.

[clifdyvr]

Well, we had our day in immigration court today. The government attorney still insisted that our son had "aged-out". Apparently he is living some 18 months in the past, and had never heard of Verovkin. Our attorney presented the IJ with a copy of judge Wilken's opinion along with the decisions from Seattle and Bloomington. She (our IJ) said that she would have to consider these cases (along with the file from the denial) and mail her determination later. So, we are still waiting... I seem to recall that William 3rd had a case (Alaska was it?) where they were to be notified by mail later; I did not see what became of that case. Anybody know what happened to that one?

[Ronnie]

Here's another case ruled in favor of the K-2 from Portland Oregon.

www.bibdaily.com/pdfs/Grushin%2011-5-08.pdf

[jj]

clif- yes Ronnie's case helped us get my step daughter's
AOS interview done before she aged out.  We were sweating it, but bringing his outcome from the case to our lawyer (who knew nothing of recent k2 aging out cases), and to our congress person, helped us get the interview  and green card before ending up with a legal challenge such  you are having to go thru.  I hope it works out for you.  Read the cases Ronnie is referring to and continue to challenge the government lawyers and maybe get some more info to the Judge by means of your lawyer.  -jj

[clifdyvr]

 Well, we did it! After 3 years and 4 days since our son was denied, the immigration judge in our case ordered the AOS, signed July 21. A wonderful early birthday present for dad! Thank you to: Dimitry, Ronnie, Judge Wilken, and our own Judge Weiss. I had to keep telling my wife that in America when you are right, you will eventually prevail as long as you don't give up. Now our son can look forward to a more normal life here. I couldn't imagine what I would have felt like to be stuck in limbo for 3 years; especially at that age! His patience was remarkable, yet now he  can't wait to get a driver's license and start work for a car...
 Congrats, jj! You were indeed fortunate. Our congress people did nothing for us.
 It looks like the tide is finally turning for American citizen's families with older kids; and that the original intent of the alien fiance(e) process will be reinstated.
 Thanks everyone for your prayers and well wishes!

P.S. Ronnie, I will send you the IJ's order ASAP... 

[jj]

congratulations clif-  That's a load off your mind, and your son can move on with plans for the future.  Just a waste of taxpayers money trying to harass legal k-2's.

-jj

[Ronnie]

JJ, Tax money wasted to be sure, but the cost to the family in unconcionable.  Imagine living under threat of deportation for 3 years, USCIS employees turning  deaf ear and an immigration attorney taking $5,000 from the family with no belief in the case, then doesn't even write a brief but just turns over a couple of previous rulings that the family dug up for him.  It's a disgraceful introduction to our bloated unresponsive federal government and a legal system that serves lawyers before citizens.

[Ronnie]

I thought I'd do a tally of the K-2 age out cases that have come to my attention.  In all, I'm aware of twelve such cases.  Here is a summary of how they have been resolved.

1. In one Texas case, the child was from China and the family decided that the son would return to China (his choice) so they did not fight it.

2. In our case, my stepson (Verovkin) received his green card after we sued the USCIS in district court.  The judge wrote that there is no age test on K-2's in the adjustment context.  Age testing is done only when applying for the K-2 visa itself.

3. Seattle, Immigration Court ruled in favor of the K-2 citing the Verovkin decision and the failure of the government to offer any argument as to why Verovkin should not be followed.

4. Minneapolis Immigration Court reversed her year-earlier ruling and ruled this time in favor of the K-2 after the K-2's attorney moved for reconsideration in light of Verovkin.

5. Portland Immigration Court; Artem Grushin was awarded his LPR status after K-2's attorney cited Verovkin.

6. Reno Nevada Immigration court..Original Poster, Clifdvr's stepson, Zhang, was awarded LPR status based upon Verovkin and the Minnesota ruling.

7. Sacramento Immigration Court awarded LPR status to K-2 Yevgeniy Filipenko.  According to Yevgeniy, after reading the Verovkin decision, the government attorney conceded the case.

8. Washington DC immigration court, Michael Head is being awarded his LPR status after repeated denials by DHS officials spanning nearly 10 years.

9. San Francisco immigration court - pending

10. New Mexico USCIS refuses to issue a Notice to Appear in Immigration court forcing the K-2 to sue in  District Court (USCIS typically starts removal proceedings once a suit is filed in District Court).

11. Chicago Immigration court case is pending and moving slowly.  District court case was dismissed for lack of jurisdiction but the case prompted action by USCIS to begin removal proceedings which allows the case to come before the immigration court. Next hearing in December.

12. Fan Jiang lost her case in district court (pre Verovkin) and lost her appeal to the ninth circuit owing, according to the court, to the failure of the attorney to cite Verovkin in a timely manner.  Jiang is now is removal proceedings where she will hopefully be granted LPR status by the immigration court.

Clifdvr told me of another case in Bakersfield but I believe that is the Jiang case.  Is that right Clifdvr?

[clifdyvr]

Ronnie, Our friend's daughter in Bakersfield is named Song (family name). So this will be yet another to add to your list. I think her case will be determined at the end of this month, in Fresno if I recall correctly. I'll keep you posted...

[clifdyvr]

Success* for our friends in Bakersfield!
 Yes, there is an asterisk... Their daughter, Yue was granted her LPR. However, their freebie lawyer played it so weak the immigration attorney said that he would appeal. I can't believe his superiors would give him the green light on that, considering the mounting number of precedents against him...
 The hearing was not in Fresno as I indicated (their immigration office is). The hearing was in San Fran. Could this have been number nine on your list, Ronnie? I will try to get copies of their court documents. If you want to know more, give me a call on my cell...
RDG

[clifdyvr]

 My belief has been shattered. Today, we received notification that DHS has appealed OUR case. Our lawyer said he doubted it would happen. I told him this is Nevada. He responded immigration is federal... Yeah right... I HATE this God damned state! So much for moving on with our lives...
 Has anyone ever heard of a K-2 denial being overturned and then going on to BIA? Our LPR was granted based upon Verovkin v. Still; it seems the appeal in our case would be a challenge to this decision? Why challenge it now???

[SMS60]

My belief has been shattered. Today, we received notification that DHS has appealed OUR case. Our lawyer said he doubted it would happen. I told him this is Nevada. He responded immigration is federal... Yeah right... I HATE this God damned state! So much for moving on with our lives...
 Has anyone ever heard of a K-2 denial being overturned and then going on to BIA? Our LPR was granted based upon Verovkin v. Still; it seems the appeal in our case would be a challenge to this decision? Why challenge it now???

I dont have any answers but keep your head up.

I would like to ask some questions about the case or cases your involved with.

Age when Embassy issued the K-2 visa?
Age at the time of Point of Entry ( I-94) stamp?
Age at the time of filing papers for AOS?
Age at time of AOS interview?

If the info is not private and you find time to post Im very curious?

Good luck

[clifdyvr]

 Thanks for the well wishes SMS60.
Our son was still 19 when I applied for I-129f.
He was 20 by the time of visa being granted, same for US entry and I-485 application. He had turned 21 prior to the AOS interview.
 I spoke with our attorney's secretary today, she said that the appeal is based on the age at the time of interview, same as he(US atty.) contended at our removal proceedings. (Which he lost!)(I don't see how an appeal will do anything except waste the taxpayer's money, my money, and more time out of my son's life) She said she would mail copies of everything. (They got a more complete packet than we received.) I should have it tomorrow...
RDG

[Russian]

Hello to everybody! We had the AOS interview 4 days prior to my daughters 21's birthday. On the interview we've got RFE (they need more documents to proove marriage). In a few days we will send them the whole package of reqwested documents (most of which we already had  on onterview), but I am very nervous about the "aging out" moment. I would appreciate very much any ideas, suggestions..

[shantibeamer]

We just found this site, looking for information to help my step-son, who was also denied his GC due to age out on Aug 14, 2009.  The appeal of a favorable immigration court decision is very upsetting.  My lawyer just wrote the letter to the local USCIS today, asking for an NTA so we could move on to immigration court.  This seems like the way to go, but now I am concerned. 
David

[Tads]

send me a pm with your name and email and I'll send you two other Immigration court cases that were decided consistent with Verovkin.  One in Seattle and the other in Minneapolis.  The Minneapolis IJ wrote a decision equal in eloquence and rationale to Wilken.  The WV case has not been written up yet.

[/color]

I have been reading your posts. We are on the same shoes--Fiancee K1 visa with my K2 son(14), and daughters(17 and 21). We have filed AOS June 5, 2009, had our interview on August 31, 2009, and based on online case status today September 09, 2009 they have approved our AOS EXCEPT my 21-year old daughter.

We've done all what we were asked, there was a red flag that made it expedited and we received a notice dated 9 days before her 21st birthday. The only thing though is there's no update on her status until now because if they had denied her we would've received a letter saying that she was.

I just need your opinion on what we could do about it now while waiting. We are from Sacramento, CA.

[clifdyvr]

 Tads, you may want to try this: Make an Info-pass appointment with the immigration office where you had your adjudication interview. Ask if you can schedule a meeting with the FIELD OFFICE DIRECTOR, and give them your daughter's "A" number so they can have her file there for the meeting. If you can have your meeting, along with the "notice of action"(I-797) for your original interview bring copies of the court decisions where the immigration judges granted AOS and the Verovkin decision from Ronnie's list above. You can Google Verovkin, and (links to) three of the others are on this site. Did you see number 7 on the list? You would likely have the same result if you wind up in immigration court... If you need help finding the cases, PM me with your e-mail address and I will try to get the other cases to you.
 Shanti you might also try this, but I don't think the office director can do anything once you are in removal proceedings. Maybe if you can get in before your NTA is issued...?
RDG

[shantibeamer]

clfdvr -
I have been trying to write you, but the system won't let me send e-mail from here.  I don't know why.  Your case is at the head of the pack right now, and I would like to know more. 
We have gone as far as we can with the local USCIS, and are waiting now on the NTA.
Please write me at:  dnelson53 AT gmail DOT com
David

[viking]

http://forums.about.com/n/pfx/forum.aspx?nav=messages&webtag=ab-immigration&tid=13320

[Russian]

We have got today the wellcome letter for my daughter!!!!:)))))))))

[Ronnie]

Yesterday, the 10th Circuit Court of Appeals handed down a landmark decision.  "K-2 must only be under 21 upon entry into the United States."  I expect the USIC will now stop the nonsense in which they have been engaging for several years now.  Any of those of you will legal action pending should contact the government attorney opposing you propose settlement.  It is satisfying to me personally that my case, Verovkin v. Still played a role in the this decision and was cited by the court.  Here's the full text of the court's decision

http://www.ca10.uscourts.gov/opinions/08/08-9536.pdf

[cris]

any update on this cases?