Bitter Sweet, AOS Interview

[photo4ron]

This is a day that my wife and I should be celebrating. She had her interview today. We have really waited so long for this day prepared so hard. We crossed every "T" and dotted every "I". We thought we were ready for the big day. We where so organized, we had every document that we thought they would ask for. My wife and her daughter and I went to New Orleans for the interview today. It didn't take long at all. They called my wife in ask a few basic questions looked at her ID's and my Drivers License. Then with the drop of a hat announced that my wife will be granted status and in the same breath said but your daughter is denied. She said that based on her status as a K-2 she was too old. April 2004 I went to Hong Kong to see my fiancee. In May 2004 I petitioned for my then fiancee and her daughter as K-1 & K-2 . My wife arrived nov 2004. We married Dec 2004. Feb 2005 her daughter arrived. At the time that I petitioned for them her daughter was 19, but that Nov. 2004 she turned 20. By Jan 2005 she was granted her K-2 visa and arrived in Feb 2005. So she was granted a K-2 at the age of 20. After going to Hong Kong, paying all the fees for her and her daughter, airfares and the wedding and Christmas. I was tapped out of money. But I knew I had a little time to file AOS for them, in the meantime we worked on there SS cards and EAD cards. Then in Oct. 2005 we had the money to adjust status and we did. Hurricane Katrina hit about one month before and the devastation closed everything in New Orleans including the Immigration offices. So all case where postponed. In the meantime her daughter is getting older. Why would they grant her a k-2 at 20 if she didn't have time to adjust her status or if she did have time then deny her after the delay with all the cases because of the hurricane. Here it is 20 Months since we filed AOS. Just 4 months shy of 2 years. We are suppose to go before a judge so he can order her to be deported or she can take a voluntarily deportation. We were told we are allowed Legal representation. We are trying to find out if we have a case and should we fight this. Please Help us help our daughter.

Ron and Mylah

[anniefromessex]

I am soo sorry to hear your news. I am sure there is somebody on here who could advise you - I know nothing about your type of case. I do know what you are going through though and my thoughts and sympathy are with you.

Love Anniexxx

[kirtida8]

So sorry to read about your story. I really do not know anything about this type of scenario - but would the CSPA not apply in your case? It is supposed to cover aging out for cases applied after 2002? I do hope you find a way to fight as it is not right that families should be split apart like this. Sending a :hug: to help you feel better.

[DEE F]

Could be a good question for v2002 or Munish this one,

Dee xxx

[Munish]

I can't say for sure but it looks like the Child Protection Status Act (CSPA), section 3 (amending INA section 203(h)(2)) might help here so that hopefully your daughter can still be considered under 21, even though she aged out (this allows you to take off the number of days it took to process your daughter's immigrant petition from her age so that her CSPA age would be under 21.

There may also be relief provisions related to Hurricane Katrina. I would read more about the CSPA if I were you and most definitely get legal advice from a US attorney who is an AILA member and knowledgable on the CSPA, particularly if you are unsure. If your daughter does qualify she has one year to apply for permenant residency since she was eligible to do so (i.e. one year since the her Mother was approved (or is obtained the required documentation - can never remember which)).

[Susie]

Hi

Firstly , let me say how badly I feel your pain. It is clear the daughter is part of your family and dependant at marriage and morally at least should be allowed green card.

I have briefly read your details and may need to read up and get back to you further

In the meantime, what is the daughters date of birth? Was daughter under 21 years at this date. What form Did you file for daughter, eg I 130 or I 485 for daughter if so what was the filing date and how long was case pending?

We do have a site member who has a very simular case to yours and I will contact her on your behalf as she does not post here too often.

This is the sort of case that needs bringing to the attn of your senators and congressmen. I would strongly advise booking appointment with their senior case worker and bring your situation to their notice at least.

I would be willing to call them on behalf of you (expatsvoice member) and let them know about the legislation Mun and me have sent to congressman Dave Weldon's office for amendment to the CSPA. Maybe they may co -sponser if we get that far or see if they have any suggestions

One sentence says it all for me in the CSPA which is #The CSPA should be interpred expansively# and to me means, common sense and compassion. Why does beauracy interefer with the true spirt of the law??

It is possible for senator or congressman, in rare cases to take out a private bill if they sympathise with you, whether they will is another issue.

[Grumpy]

Hello, welcome, so sorry to hear about your case. I do not know what to say but there must be some sort of appeal or way forward

[v2002]

We were told we are allowed Legal representation. We are trying to find out if we have a case and should we fight this. Please Help us help our daughter.

Ron and Mylah
I have posted Information on Child Status Protection Act ..
it clearly says that (CSPA does not apply to K, V or other non-immigrant visas).But there might be other options (sent you a PM) once we know the details on your daughter.