The N600K that I had filed for my son has been denied. The reasons,
1. Over 18 years of Age - Even though I had filed N600K application before he became 18, he was over the age of 18 at the time of adjudicating the application. USCIS Local Office took 15 months to process the application during which the age lapsed. Where is CSPA - Child Status Protection Act?
2. Divorce Decree does not mention Child Physical Custody - My Divorce Decree does not mention about the Child Custody. Prior to divorce, he was taken outside USA without my consent. He was just 8-year-old when his mother took him out of USA. While outside USA (as a minor), he could not make a decision about his travel and could not apply for a passport until he reached a legal age of 18. At the time of divorce, the US Courts did not have jurisdiction to give custody of child residing abroad.
Now that the son is 18, he has shown interests to unite with his father and come to USA. It is a Catch-22 Situation. He could not apply for passport and travel until he is 18 (per foreign government rule) and when he became 18 and is able to travel, the US law does not permit his entry into USA by awarding his citizenship.
The letter mentions that I can appeal the decision by filing Form I-290B. I would like to defend the case by mentioning that the 8 year old son was taken out of USA without my consent. He did not have any knowledge or implications of his travel on future restrictions. He was completely oblivious to the legal process. Even though he wanted to come back to USA, he was not authorized to take decisions about his life. But now that he is over 18 and is legally able to travel, he wants to unite with his father.
Please help me.
1. Over 18 years of Age - Even though I had filed N600K application before he became 18, he was over the age of 18 at the time of adjudicating the application. USCIS Local Office took 15 months to process the application during which the age lapsed. Where is CSPA - Child Status Protection Act?
2. Divorce Decree does not mention Child Physical Custody - My Divorce Decree does not mention about the Child Custody. Prior to divorce, he was taken outside USA without my consent. He was just 8-year-old when his mother took him out of USA. While outside USA (as a minor), he could not make a decision about his travel and could not apply for a passport until he reached a legal age of 18. At the time of divorce, the US Courts did not have jurisdiction to give custody of child residing abroad.
Now that the son is 18, he has shown interests to unite with his father and come to USA. It is a Catch-22 Situation. He could not apply for passport and travel until he is 18 (per foreign government rule) and when he became 18 and is able to travel, the US law does not permit his entry into USA by awarding his citizenship.
The letter mentions that I can appeal the decision by filing Form I-290B. I would like to defend the case by mentioning that the 8 year old son was taken out of USA without my consent. He did not have any knowledge or implications of his travel on future restrictions. He was completely oblivious to the legal process. Even though he wanted to come back to USA, he was not authorized to take decisions about his life. But now that he is over 18 and is legally able to travel, he wants to unite with his father.
Please help me.