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    Friday, June 12, 2009

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    Alcohol Abuse Recovery Treatment

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    eb 5 visa

    EB-5 Immigrant Investor Program will provide Investors with an opportunity to obtain permanent residency in the U.S. through attractive investment opportunities.

    Myra

    my email: myra_col@yahoo.com
    I will appreciate any help with this matter..

    Myra

    Here you can read more about the LEE case:

    http://www.americanimmigrationcouncil.org/sites/default/files/docs/Matter-of-Le-Statement-6-29-2011.pdf

    Myra

    As today what is the latest on the k2 visa holders that had age out? My husband aged out on 2004, because he turned 21, 5 months after entering U.S and we don't know if we should try to open his case again to get a new decision, his mom(now divorce) will soon be able to apply for citizenship could she fill I-485 for him? should he try to open his case again? what steps should he take now? we found out about the BIA Lee case on june 29 2011 this changes anything for all the k-2 visa holders that age out?
    thanks
    myra

    ויזה לארה"ב

    K2 visas are hard to approve as it became very similar to green card fraud

    cris

    does all k2 visa age out had been resolve?

    Joseph

    Denis:

    It is my experience and understanding that if your marriage to the K-1 Petitioner took place within 90 of your arrival in K-1 status and your child's K-2 status, then no I-130 is required. If the marriage took place more than 90 days after arrival, then I-130 is required.

    Good luck.

    Denisa

    please someone can help me i have my baby of 2 years old and he has the k2 visa now im trying to send the adjust of status for him but im not sure if i need to send I 485 with I 130 or just I 485 form.. please if someone know about that help me my mail is denis_cc@hotmail.com

    id scanner

    It's very important to regulate the immigration laws and regulations regarding the identity certificate to keep the country safer. Getting an ID Card and be an American is important and desirable, but should only qualified people get it.

    earn money from home

    This certainly is great news for parents of K-2 children. The American Justice System works, and it's so cool to see it in action! Congratulations :-)

    k-2 visa

    I just see this case in 10th Circuit, Carpio v. Holder, 592 F.3d 1091 (10th Cir. 2009), the court held:
    "In light of the plain language of 8 U.S.C. §§ 1255(d) and 1101(a)(15)(K), the decisions of other courts, and considerations of fairness and common sense, we hold that an individual who applies for an adjustment of status under § 1255(d) must be under twenty-one years of age on the date that he or she "seeks to enter the United States." See § 1101(a)(15)(K). The date that the individual "seeks to enter the United States" may be plausibly read as either (1) the date that the United States citizen files a petition for K-1 and K-2 visas with the Secretary of Homeland Security under 8 U.S.C. § 1184(d)(1), or (2) the date that the K-1 and K-2 visa applications are filed with the consular officer in the country of origin. See id.; 22 C.F.R. § 41.81."

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    This is an age old problem and it doesn't look like we are any closer to solve.

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    Grushin is a decision of the Immigration Tribunal. It was a case of the District Court

    Green Card Visa

    It is really unfair to the children when their status is changed or otherwise threatened due to the inconsistencies of government. If they did something wrong, or even made an innocent mistake, then I can see this being fair. But, when legislators are just being wishy-washy, how can they be expected to have a chance.

    maz

    and the parent have gone back to their country and left the kids with their step mom.

    maz

    I have a question regarding this issue. Can K2 visas adjust their status through marriage, if their parents divorced the US Citizen spouse before they became lawful permanent residence?

    Theodore

    In addition to the K-2 Visa's, I would suggest researching the eb5 visa program . They are relatively similar and both offer many great features for immigrants trying to gain acceptance into the US. Check it out Ron, hopefully it will be of some help to your situation. The link is below.

    http://www.cmbeb5visa.com

    ron

    Hello RCM I wrote you twice and you did not reply.Please i'm about to get crazy because I dont know what to really do.I contacted an attorney he said there is nothing he can do for me.Because my dad should married before i turned 21.Somewhere i red it doesn't matter the age you are if you came in usa on a k2 visa They shoul considered you like child from the i 130 petition.Please help me I can not eat.

    RCM

    David,
    USCIS is continuing to misapply the law defying the Verovkin Decision. Their conduct is completely inexplicable at defies at least 8 immigration court rulings that have agreed with Verovkin. USCIS claims there have been court decisions supporting the age-out myth but when pressed, cannot name even one.
    Grushin is an Immigration Court decision. It was not a District Court case. I have been sent printed copies of several other favorable Immigration Court rulings.

    You can contact me at libertyandjustice at rocketmail dot com. I'm not an attorney. I'm Verovkin's step-father and will help educate your attorney in this narrow and often misunderstood area of immigration law.

    David Nelson

    Mr Tonogbanua,
    Apparently this "wonderful news" you mention has not made it to Milwaukee. We filed AOS in December, my stepson turned 21 in April, interviewed in June, and was denied due to age out in August. Any suggestions?
    I would also like to know what other district court cases have been documented since Verovkin. I have read Grushin, but that is all I can find. Also, I have read that the USCIS recently appealed their own decision and won, in order to boilerplate their position.
    David

    jeff

    good afternoon.
    I was reading this information,And I want to make sure.Because I am in the same situation.I live in GA.I came in USA with my dad and my little sister.My dad married 6 days afetr my birthday.one month and 5 days after we got in the US.So we fille verything.they sent us our EAC.And we did our ssn and our driver license.My little sister is 14.Today we had the interview.They told me they re going to think about it.Because my dad maried 5 days after my birthday and now I am not under 21.That means I cant be considered like k2 anymore.They said they will write me to let me know if there is a possibility for me to stay ortherwise they will deport me.But I think it's unfair.Can you help me pls because I don't know what to

    Rob C. Tonogbanua, Esq.

    RCM, thank you once again for your thoughtful insight on this very important issue. I truly appreciate your expertise and feedback. If you apply a literal interpretation of the language in Verovkin, you are correct in that it does not appear that the the I-485 for a K-2 Visa Holder needs to be submitted to a USCIS Service Center before he/she turns 21 years of age, only that the K-2 Visa should have been issued before the individual turned 21 years of age. However, if the parents of K-2 children wish to avoid this mess altogether, the I-485, in my opinion, should be filed with the USCIS long before the K-2 child reaches the age of 21 (preferrably well before they turn 21 especially given the backlog of such applications with local USCIS Service Centers). The problem that many of these K-2 children are encountering is that although their I-485 was filed before they turned 21 years of age, because of the backlog they were over 21 years of age by the time their I-485 was adjudicated. As a result, their applications were subsequently denied. There may be different interpretations on what Verovkin holds or how it should be applied by various attorneys and judges in different cases. I think the bottom line is that children who have been issued K-2 visas do not "age out" and are therefore entitled to the right to apply for adjustment of status and ultimately become U.S. citizens if that is their ultimate goal. I'm certain you and I agree on that. This is, in my opinion, the right result, and the opportunity to become lawful permanent residents should not arbitrarily be taken away from these K-2 children.

    RCM

    To quote Verovkin, "In short, there is no statutory requirement that K-2 visa holders demonstrate that they are still under twenty-one when they apply for permanent residence. By imposing such a requirement in
    Plaintiff’s case, USCIS applied an unreasonable interpretation of
    the INA. Such a requirement is at odds with the fact that a child can receive a K-2 visa up until the day of his or her twenty-first birthday. Following Defendant’s interpretation of the age requirement, a K-2 visa issued under these circumstances would be
    worthless the next day. Congress could not have intended such an absurd result. Accordingly, the Court holds that, once an alien has demonstrated that he or she is under twenty-one when he or she receives a K-2 visa, he or she remains eligible for later adjustment of status, even if he or she has reached the age of twenty-one in the interim."

    RCM

    What is significant is that there is no requirement to file for adjustment before age 21 - a fact you apparently missed. You also wrote that there have been district court cases since Verovkin. It would be great if you would name them.

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