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| Re: K-2 Age-Out, but not official!!
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Posted on: Tue, 26 Jul 2005 02:23:40 +0000
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> Thank you sue for your reply. We know the CSPA is complex - we know
> it inside out. Unfortunately, this is simply a question of how it
> should be interpreted. The USCIS are not interpreting the law as it
> was originally intended by congress, as our congresswoman's legal
> confirmed.
>
> Our lawyer is one of the top ten immigration lawyers in Washington DC
> and has worked very hard at getting the point across, the remedies to
> our problem and has another lawyer with a child in the same situation
> working with him on this. He too has contacts in various advisory
> groups and AILA committee members - all agree that this is not fair,
> but can get nobody at the USCIS to even reply to a lawyer's letter
> pointing out quite clearly why our son should be afforded adjustment
> of status.
>
> The problem we are having is getting any kind of response from the
> USCIS. No decision has officially been made and they are just sitting
> on my son's file somewhere. The District Director is not answering
> attorney letters, requesting a meeting to discuss the case. The
> Ombudsman is trying but making no headway at all. Our congresswoman
> is doing nothing and we are getting frustrated beyond belief with it
> all. My husband even sent out 540 letters to ALL members of congress
> and senators. Today we had one reply, saying it was being forwarded
> to our congresswoman - so it's gone full circle!
>
> The CSPA needs a clause added to clarify it's intent, as far as K-2's
> are concerned and this is what we asked 540 representatives to look
> at, we didn't ask that they deal with our case alone. We knew that
> they would just reply that we were not voters in their area. The
> issue, as you probably know, is that K-2's do not have to file an I-
> 130 to adjust status and the CSPA offers protection to ALL visa groups
> (as they file I-130's) and not those that file I-129F's, which is what
> a K visa holder has to do to adjust. However, the I-129F serves the
> same purpose as an I-130 and congress intended the CSPA to cover them
> - it is a simple oversight in the write up of this legislation and the
> USCIS are using that fact to decline those that should be approved.
>
> The USCIS add further insult to injury by not applying their rules
> across the country. In Texas they approved a K-2 who did not apply
> until he was past the age of 21 - a definite age-out if they were to
> use their own rules.
>
> My son's life is being held in limbo, they are making further money
> out of the situation, as he has to keep applying for renewals of his
> EAD. There seems to be no accountability for their actions, or lack
> of them.
>
> I appreciate your reply though, but I think we have gone a little
> further than perhaps you first thought.
Hi
Wow
You have certainly done your home-work!! I like you have done mine too.
In your sons case i very much doubt anyone will listen to you as an
individual.
If you have a top attorney and he cannot get anywhere then I doubt you
will either.
You may well not have a decision on your sons case as they are all
probably scratching their heads together
Have you contacted Jeff Gorsky or Bill Beardslee?? Does your attorney
know these people or have any connection/contact with them?
Sue
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