K-2's in court

[cris]

hello to everyone,
i came here in the USA by a k2 visa but the USCIS denied my i485 because of age out so i get an lawyer.
the he tried to reopen my case in the USCIS but it was denied then my lawyer filed my case in the district court then the Immigration court sent me a notice to appear so i went to court yesterday and my lawyer represent me in the immigration court but while waiting for the hearing my lawyer approach me and say that my case in district court was dismiss. So now i don't have any idea what would happen next. If you have the same case can you tell me something what happen in your can.. tnx

[deji]

Hello Cris,

I'm in the same situation in MN. I'm also waiting for a final hearing (Sept.2011). According to the info I have gathered, most of the cases are always settled in immigration court. There are some cases before the BIA that would put this issue to bed, but I haven't heard anything about the decisions. I'm also looking for updates regarding those cases. I have been dealing with this for years now. My final hearing date was postponed by a whole year, its a terrible issue. I wish you goodluck, I'll also be needing it. BTW what state are you in?

[tfcrew]

A similar thread here...

http://www.russianwomendiscussion.com/index.php?topic=6530.0

[cris]

I'm from nevada.. Good luck

[clifdyvr]

Hi all, haven't checked in for a LONG time. We are STILL waiting on the BIA regarding the appeal ICE made in our case. I don't know why this has to take so long, since the BIA had their asses handed to them by the 10th Circuit court in a case involving the same subject...
Best wishes to all,
Ron G.

[viking]

My wife's son came over in Oct 2010. He was 20. I filed his papers a week or so later. He tuned 21 the next month ( November). So far he has received his EAD and advanced parole. I am waiting to see what happens regarding his interview for his AOS. As far as that is concerned it may still be awhile as his mother just had her interview only a few weeks a go and we are hoping her green card arrives this week. He cannot get his green card until she receives hers.

[Ronnie]

Cris,  Just one thing I want you to know.. you will not be deported and you will get your green card unless your screw up and commit a crime.  It sound like all the steps you've been through are pretty much the same as most others these days.  I thought USCIS would change their policy after losing the Carpio case in the 10th Circuit Court of Appeals (Colorado) but they seem not to be in any hurry to change. 
The thing that seems to be going on is a game of attrition that the legal profession will win regardless of which side they are on.  It seems to be a fraternity and as long as there are legal fees to be made, they will drag it it.  You will now need to win you case in Immigration Court (and you will) the only question is whether or not ICE will appeal.  The last case I hear about was in Chicago ...the K2 won and ICE didn't appeal.  Yours will probably go that way as well.

[clifdyvr]

Hi again Ronnie!
Cris said he was in Nevada, as we are. Don't know if the ICE att'y. has been changed, but if it is still Mr. Price there may still be an appeal by this sore loser.

[Ronnie]

Mr. Price is not expecting to win.  He is expecting to pad the pocket of the local immigration lawyers who will earn extra money fighting the appeal.  It's an understanding within the family of lawyers (and judges).  It's organized crime, really, but without breaking any laws.

[clifdyvr]

cris,
 You didn't say if you were in Vegas or Reno.... If you're in Reno, may I ask who your attorney is?

[viking]

Just an update. My wife's son had his AOS hearing this morning. The officer started the meeting saying that he "aged out" and may not be able for adjustment. When I brought up the arguments mentioned here she went and got a supervisor and printed out a court case that is still pending ( never got the name). Anyway I mentioned some others from here and basically was told that he is neither approved nor denied. She has to do some more homework and will let us know..yea or nay..in about 2 months. So we back in a holding pattern again and I really hope that I don't have to go thru the courts.


Does anyone think going to my Congressman ( who is Peter King and heads some type of high end committee with Homeland Security) will be of assistance? Now? Or wait until I get ( hopefully not) a  denial?

[Faux Pas]

Does anyone think going to my Congressman ( who is Peter King and heads some type of high end committee with Homeland Security) will be of assistance? Now? Or wait until I get ( hopefully not) a  denial?

If it were me, I'd contact his office and get them working on your case now. He likely has a liaison for situations just such as this. The sooner they are familiar with your case the sooner he can pull some strings if they choose to.

[GoodOlBoy]

Sorry to hear about this Viking:
 

The officer started the meeting saying that he "aged out" and may not be able for adjustment.

Yeah, I agree with FP.
 
GOB

[Muzh]

Just an update. My wife's son had his AOS hearing this morning. The officer started the meeting saying that he "aged out" and may not be able for adjustment. When I brought up the arguments mentioned here she went and got a supervisor and printed out a court case that is still pending ( never got the name). Anyway I mentioned some others from here and basically was told that he is neither approved nor denied. She has to do some more homework and will let us know..yea or nay..in about 2 months. So we back in a holding pattern again and I really hope that I don't have to go thru the courts.


Does anyone think going to my Congressman ( who is Peter King and heads some type of high end committee with Homeland Security) will be of assistance? Now? Or wait until I get ( hopefully not) a  denial?

Just tell King your stepson is an Irish from the IRA and he'll be a shoo in for his adjustment. (Sort of kidding) Seriously, he (King) is embroiled right now with the investigation of American Muslims as potential terrorists that even if he could do something he would not touch that with a ten foot pole.
 
Hope everything turns out right for you guys.

[clifdyvr]

Went to a town hall meeting on the 27Th... Congressman Luis Gutierrez was in attendance. I asked him if he could make a request of Attorney General Holder. I gave him the Caprio decision and asked if he could request that the A.G. issue an interoffice memorandum directing the field offices and BIA to adhere to the decision handed down by the 10Th Circuit Court... Who knows?

[Ronnie]

Ron,
Luis Gutierrez was at a town hall meeting in Reno.. He's a congressman from Illinois!
I can assure you Mr. Gutierrez will do nothing for you unless your wife and step child are Hispanic, which I know they are not.  In fact, you are not even his constituent.  Truth be told, he would like to ignore the Carpio case because those who need Carpio are usually not the people he thinks he represents or people he even wants in the country (usually people from the FSU who don't vote with is party).

[ML]

Question:

Anyone have an idea why the immigration people go out of their way to erect roadblocks to those who are following the correct procedures for immigration . . . when they also know there are hundreds of thousands (millions?) here completely illegally who have not even tried to follow correct procedures?

Particularly when it is known that those who have previously came illegally have eventually gotten amnesty (thus becoming legal) . . . and thus most likely that those who continue to come illegally will also eventually get amnesty.

Seems rather strange to spend so much time and resources attempting to keep out those who try to come legally.

What is the real reason behind this . . . if we can avoid hysterical and emotional answers.  :-)

[Ronnie]

The reason is politics.  If you think about it long enough it makes sense.  Almost all the K1/K2 problems are with immigrants coming from communist/socialist societies, past and present.  These people tend not to vote for candidates who espouse the same types of government they just left behind.  Illegals tend to vote for whomever promises them Amnesty.  Yes, that's right, they vote.  Proof of citizenship, thus proof of eligibility to vote, is not required in most of the states.  There are armies or "organizers" out registering them every day.


I hope this isn't too emotional or hysterical....it's just a fact of American life.

[clifdyvr]

 Though it does not mean my (step-)son will get his green card immediately(as his mother expects); he is somewhat assured that what he was wrongfully (as in illegally!) denied over 5 years ago will now be long last his. The young man in this historic decision was 15 months in the time line ahead of us, though there were many that came and went, literally, before us. Many of them giving up and sending their children back to their country of origin. We can only hope reparations will be afforded to these American families that have been put asunder. I am thankful our family did not have to endure such incredible hardship. Early in our dilemma, our son bravely offered to return. I refused to let him. I was not about to let him condone something that was so obviously and morally wrong.
 The families before us were victims. Victims of poor timing as they could not cite Verovkin in their proceedings. Again I must thank you Ronnie for having the courage and wisdom to know how and when it is time to take on city hall. I have a case of wine waiting for the time you may proclaim it is time to celebrate; we haven't talked in a long time, let me know where and when- got lots of free time now...
 This battle is not over yet; after all, it is the government we are dealing with, but K-2s now have something they can take to their adjudication, immigration court, or BIA briefs...
 I recommend you take this: (along with Caprio)...

http://www.justice.gov/eoir/vll/intdec/vol25/3719.pdf

Of course the best thing to cap this off would be an Inter-office memorandum from Attorney General Eric Holder directing all the USCIS offices and ICE to abide by this... Email campaign anyone?...

[clifdyvr]

Wow!
 It has been so long since reporting. But alas, we were waiting on the BIA to get to our case… Moving at the speed of immigration- Good God! What a waste of our nation’s resources! To pay so many clueless people such high salaries to be so inept… Where do I apply? Of course I would have to do my best acting to be so nonchalant about imposing misery and despair into actual people’s lives. I just wouldn’t be able to do it. Which has only fueled my contempt for the people I have met at our local immigration office. Most of whom have been there for years, becoming numb and uncaring regarding the predicament that the system has placed unfortunate immigration applicants and their families into facing.
 Yes, the BIA took 2 years to get around to our case. As I said in my previous post, the young man in the decision was 15 months ahead of us, our case took that 15  months to get to us.. The appeal (by the ICE attorney) was denied, and our case was kicked back to immigration court for two more merit hearings. The new immigration judge (the previous judge assigned to our case had retired) signed the order granting his permanent residence on June 4, 2012. His green card and 2 notifications (identical?) arrived simultaneously on September 20, 2012; on the same day we had our third “INFOPASS” appointment to inquire why it was taking so long after the judges order for the card to arrive.
 My step-son is now on record as a permanent resident of the United States of America! Yes we are happy this particular battle has reached a conclusion, but…
 USCIS manages to rain on what should be the grandest of parades.
Of course the card is incorrect. It is a two year card. (Plus it says his residence began on the issue date of the card )( He was illegally denied his permanent residence 6 years ago. He should be a citizen by now!)  He is a K-2 visa holder. A derivative beneficiary of his mother’s status. His mother had her conditions removed more than 4 years ago. And yes, I included him on his mother’s I-751 application. Should be an easy fix, right? We’ll see…
 As always, I must give credit where it is due… Thank you Ronnie for paving the way. If our case had been any earlier my step-son would be back in his land of origin, probably with his mother… Your conviction to do what was right has helped so many people. I wonder if the adjudicators are still denying K-2s over 21? I would imagine they are. It keeps the system generating money for both sides… Immigration application fees and immigration lawyers!
 The story continues…
Best wishes to you all!
Ron G. (clifdyvr)