CSPA-Sons update

S

susan ward

Banned
Hi

For those of you who have been following my sons case:

On 14th Oct 05 I received a letter from congressman and copy e-mail from London consulate saying son has aged out !!!!!!

Have spoke to congressman and attorney and both are sure (me included) this is a mistake

I do not have a formal letter of denial yet and might not get sent one. Trying to find out if I can appeal an immigrant visa or CSPA being denied. Anyone know?

Have read that there is no appeal for denial of immigrant visa, yet before you can go to immigration court you must have exhausted all options and appeal (if applicable)


Son did age out per patriot act , 45 days after his 21st , but if a case was pending at enactment of CSPA and no final determination on that date then CSPA can apply !!!!!!!!! Sons I 824 was filed before 21st birthday and pending at 6th Aug 2002. The visa dates current

I really do not know what to do now. To go to court would cost thousands and not sure (assumming we win) would be be awarded all costs, does anyone know??

Yes I am mortified for my whole family and worried about thought of thousands of dollars to go to the immigration court. I have also paid various attornies for opinion on cspa (all say he is protected)

On holiday visiting son at present but when I get back to the states will contact Jed Bush, media etc.,

Also thinking of setting up self help group that will hopefully be recognised on day with DOS/DOJ/BCIS/Congressman etc., (free to join) any one interested in helping? if so wiz me an e-mail on sue@floridavillas.com

Attorney is gettting back to me asap after he gets some response to questions he is asking on behalf of sons case. I will update further here if/when I get any news

Take care, good luck with speedy green cards to you all

Regards

Sue
 
Last edited by a moderator:
Dear Susan,

I believe we all can understand what things you and ur family are going thourgh. We all pray for your quick Family re-union with your son.


You may go ahead and knock the court door, if your heart says to do so.


Honestly I believe instead you put thousands of your hardworking earnings on attornies you should start to find other ways to bring him here. like F visa/student visa or other.

I personaly believe and experience that when one door is closed God open 100 more door, all we need to search and find the way, instead of keep attaching with that closed door to open.


Try to find another way for him to be here and join family, Once he is here God will make some way to get his G.C.


We all pray and wish to re-union your family.


Good Luck
 
Last edited by a moderator:
Hi Poj

Thank you for your words of support. Just to let you know that whilst we were waiting for news on cspa we did following

As we have both UK and USA compaines, applied for L1 for son in approx May 2003. Son is a director of US and UK compaines.

We paid an extra $1000.00 to expedite case. This case was approved and appointment for a non immigrant visa at embassy took place in Aug 2003

The interview did not go well!!

London gave him denial under 221g and said his petition would be returned to Texas for re-vocation and that we would hear further from CIS

There are various sections where the officer ticks. The section he marked said.

~ You do not appear to qualify for the visa for which you applied. Your petition will be returned to the US Immigration and Naturalization service (INS) office where the petition was filed for revocation. You will receive further correspondence on you case fron the INS#
We did try to follow up on this case but Texas have not got back to us at all!!!!!!!! I beleive a refusal under 221g is for more information.


I have just told attorney about this disappearing case. The approval notice says vaild 3 years annd therefore expire Aug 2006. Attorney says it may be worth him trying to contact Texas with copy paperwork and ask what is going on???????

The only other options (as far as I can see)

1. Apply for new L1 (but post 911 compaines have suffered financially and worried may not be approved)

2. Student visa, but son is now having second thoughts on masters degree also due to the costs for tution, living etc., He can only work few hrs legally and degree related.

3. HiB but as he is a software engineer will be difficult to get job offer and visa allocation could be a problem.

So you can see what we are up against

All is not completely lost with CSPA yet as attorney is still working on this as until we get formal notice of denial (not just e-mail) then he conciders still active.

Attorney also thinks it worthwhile to pursue the lost L 1 case to see if anything can be done. The on line case status for L1 still says approved!!!!!!!!!

Regards Sue
 
Last edited by a moderator:
My best wishes to you and your son

Hi Sue,
my heart went out to you when I read the latest details of your son's case.

It is just not fair for a mom to go through this seperation from a child.

Keep your strength and keep fighting till your son's case is completed successfully.
My best wishes and prayers for you and your son.
GC soon
 
...

Hi Susan,
My heart-felt sympathies to you and your son. The denial under CSPA seems like a SERVICE ERROR. Congressman can be very effective in fixing 'service error'. It appears to me that your son's best chance is CSPA. It would be cheaper to hire a lawyer than doing Master's in a US university. Besides, F1 visa may be denied due to demonstrable 'intent to immigrate'. Attorneys can give you a flat fee rate for sorting out the USCIS mess regarding your son's immigration. Going to the congressman may be cheaper but I have a feeling you still may need a very good immigration attorney. If the paperwork is done right, the denial may be reversed upon review, without going to the immig courts.
 
Dept of State

Hi Susan,

Sorry to hear about your son's case.

Instead of spending a lot of money on lawyers,
I had written to the person below for some help.

He represents the Dept of State and he also attends
the AILA (Association of Immigration Lawyers)
meetings and has good responses about grievances and issues.

Perhaps a call or letter to this fella might do the trick:

OFFICE OF LEGISLATION, REGULATIONS AND ADVISORY ASSISTANCE
Director: Fischel, Stephen K.
2401 E Street NW,
Room L603E
Washington, DC 20522-0103

Phone: (202) 663-1184
Fax: 202 663-3898

Lastly, the highest law in the land for Dept of State employees
is: http://oig.state.gov/


God bless you to a speedy resolution,
mojavetoo
 
Hi Mojavetoo


Thanks for the information, I will call monday


As you can see from my previous post my husband and I have tried to get son out to US by alternative means by L1. Cannot understand, this was approved by service centre so why do their own workers in another country say the service centre was wrong?


Although we have never received any formal denial from (lost) L1 or CSPA am reluctant to try alternative visa. This is due to the fact son should technically declare he was denied visa, which will then look like a scam and probabley be turned down.

This is why I feel the best option is to pursue the CSPA case and at the same time maybe get attorney to try and resolve the L1 case

I will also be making appointment with Jed Bush as soon as I return to the US from my vacation and contacting the media

Did this chap help to resolve your own issues? and did you call him first?

Regards Sue
 
Director Chap from Dept of State

susan ward said:
Hi Mojavetoo


Thanks for the information, I will call monday


As you can see from my previous post my husband and I have tried to get son out to US by alternative means by L1. Cannot understand, this was approved by service centre so why do their own workers in another country say the service centre was wrong?


Although we have never received any formal denial from (lost) L1 or CSPA am reluctant to try alternative visa. This is due to the fact son should technically declare he was denied visa, which will then look like a scam and probabley be turned down.

This is why I feel the best option is to pursue the CSPA case and at the same time maybe get attorney to try and resolve the L1 case

I will also be making appointment with Jed Bush as soon as I return to the US from my vacation and contacting the media

Did this chap help to resolve your own issues? and did you call him first?

Regards Sue
Click to expand...


Hi Susan,

The fella appears to be the person in charge of getting
memos, telegram advisory and such to all the US Consulates
and embassies on interpreting immigration law, regulations and procedures.

I called him on 8/24/2005, and got his secretary. I asked about
writing him, so she gave me his address.

My letter was to highlight the often loss of I-824 cables
to the consulate in China. I just couldn't bear the thought of
my wife's cable being lost. And being apart for more than a 6 months.

So, to make it short:

I-824 Approved 8/23/2005

Wrote to bloke letter sent 8/25/2005

Case number issued in China! 9/2/2005

Packet 3 received 9/7/2005

I attribute it to his intervention or perhaps, just luck.

Best wishes,
mojavetoo

PS) It's Jeb Bush
 
Last edited by a moderator:
We have the same agony

My heart broke when I read ur letter reagrding ur son.

We have the same agony. I wrote million times to the Immigration, philippines and also in the US, but they turned down my letter. They said I am not under the CSPA thing, but if you will review my case and I also went to lot of Immigration Attorneys and they told me I am...

My USC father petitioned me when I was 19 years old, and the petition was approved few days before my 21st birthday, I got the noticed when I was 22 (with my refererence number), and that is obviously not my father's fault, so do I.

Now that I am 26 years old turning twenty seven on June, still unmarried (I am engaged though) a Senator from Maryland (Paul S.)
wrote my sister a letter and said he will help me. I am now crossing my fingers and asking God a miracle, hoping that the immigration will not turn me down again.

I really wanna see my father, I havent seen him eversince my mom took me out of her womb :D

I miss my sisters...my fiance also left 2 years ago and went to TX... what a miserable life... :(
 
We have the same agony

My heart broke when I read ur letter reagrding ur son.

We have the same agony. I wrote million times to the Immigration, philippines and also in the US, but they turned down my letter. They said I am not under the CSPA thing, but if you will review my case and I also went to lot of Immigration Attorneys and they told me I am...

My USC father petitioned me when I was 19 years old, and the petition was approved few days before my 21st birthday, I got the noticed when I was 22 (with my refererence number), and that is obviously not my father's fault, so do I.

Now that I am 26 years old turning twenty seven on June, still unmarried (I am engaged though) a Senator from Maryland (Paul S.)
wrote my sister a letter and said he will help me. I am now crossing my fingers and asking God a miracle, hoping that the immigration will not turn me down again.

I really wanna see my father, I havent seen him eversince my mom took me out of her womb :D

I miss my sisters...my fiance also left 2 years ago and went to TX... what a miserable life... :(
 
Any news susan?

Hi Sue!

Update me regarding Mr. Fischel, he might help me and others too!

I hope you can get your son quickly...

:) wishing you God's grace...


tweetyshaoi
 
Hi

I am passing this to my attorney to sort out as I am drained beyond belief

If you would like my attornies details just PM me or put post here


He is having talks with AILA legistive commitee to see if there is a fix ro sons case. He also give talks on cspa and knows the right people in the right places.

It appears that the DOJ/DOS/BCIS is at odds with itself and the CSPA memos actually contradict themselves.


I will up date here when I have news, but as yet I have no formal denial letter so attorney may have to insist we get one (if all other means fail) so that we can go to the Board of Appeals and if necessary go to the immigration court.

At least 7 attornies say my son IS protected under CSPA

I tried to call Mr Fischel but he retired early Oct 2005. The person acting in his place is Jeff Gorsky but attorney said, do not contact him directly (for reasons, I cannot post) as he knows how to approach this person. Attorney said he is a friend of Mr Fischel and may talk to him privately about sons case and the best way forward

Keep in touch

Regards Sue
 
Last edited by a moderator:
You must log in or register to reply here.
Top