Help on maybe incorrect Aged out case

M

made2last

New Member
Please help make sense out of this.

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I applied for my step son , for an I-130 Petition for Alien Relative which was received on January of 2003 when he was 19 years old. His application was filled together with an I-485 which was also received on the same day by USCIS.

On March 28th 2006 my stepson, my wife and I went to the Garden City office where DAO Pugh informed that my stepson aged out since he turned 21 years old on the September of 2005. She informed us that my step son now needs to wait 2-5 years for a visa. She also wrote on his passport I485 interview complete. I think that her information is incorrect since my child is protected by the Child Status Protection Act. Following are the dates of events and the age of my child during those events:

August 6th 2001 – Married my wife – Step son was 16 years old
July 2002 – Applied for I-130 for step son as well as I485 – Step son was 17 years old
January 2003 – Received receipt for I-130 and I-485 – Step son was 18 years old
October 2005 – Received appt. for I-485 for March 28th 2006 – Step son was 21 years old
March 28th 2006 Interview - DAO Pugh informed aged was aged out – Step son was 21 years old and need to wait under priority F16


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I called USCIS and the only option per the office is mail them even though I mailed them 3 months ago to no response. She said that it may take years to hear back from them.

Based on the above info, am I correct to assume that the DAO made an incorrect decision?

should I write to congressman?
 
Are you the US citizen?

There are there requirements for your stepson to be protected by CSPA:

1) the marriage between you and his mom must take place before the child turns 18. He was 16, so here is no issue.

2) Under the CSPA, if you are a United States citizen and you file a Form I-130, Petition for Alien Relative, on behalf of your child before he or she turns 21, your child will continue to be considered a child for immigration purposes even if the USCIS does not act on the petition before your child turns 21.
Under the CSPA, if you are a lawful permanent resident and you file a Form I-130 on behalf of your child before he or she turns 21, your child’s age will be determined using the date that the priority date of the Form I-130 becomes current, minus the number of days that the Form I-130 is pending. In addition, your child must seek to acquire the status of a lawful permanent resident within one year of visa availability.
here is more:
http://www.uscis.gov/graphics/lawsregs/handbook/CSPA092002_pub.pdf

3) your stepson is unmarried.

If you are US citizen, then he should be protected from “aging out” and I don’t know why they did not approve your stepson… did they approve your wife?
Maybe you should consult an immigrations attorney first and then write to the congressmen?
 
Yes I am USC born and raised here so this is exactly what I don't understand and think it was a mistake by USCIS.

My wife and I had an interview in 2005 that didn't go well so we had a stokes interview 2 weeks ago and she received her green card 1 week ago. Is my son's case tied to her somehow?

My attorney is terrible and didn't help a bit so I dumped him so I don't have one now nor I want to get one if it is not necessary.

I tried calling USCIS but they can't help. The office that interviewed us hung up on me he I got a hold of her after calling every Friday for 1 month. I sent 2 letters and nothing yet so I think that the only next step is congressman?
 
Did your son application was in the same application as your wife?

I see that there was 5 months of difference when you file for your stepson and when you received the receipts for his petition and adjustment of status.

Looking in general looks like your stepson should be protected by the CSPA.
 
made2last said:
My wife and I had an interview in 2005 that didn't go well so we had a stokes interview 2 weeks ago and she received her green card 1 week ago. Is my son's case tied to her somehow?
Click to expand...

I asked because I filed for my son 2 months after I filed for myself. Somehow his application got processed faster then mine and he got called on the interview ahead of me. I knew it doesn’t work this way so wrote couple of letters – no answer, called USCIS line, but you know how helpful they are... :rolleyes: So when all three of us went to the interview we had to come home with nothing, since they could not approve stepson’s application before the mother’s. That’s the rule with marriage based cases – when a spouse gets approved, the child gets his/her GC automatically.
Since you did not mention anything about your wife’s interview outcome in your first post I was just wondering if she was already approved before your stepson’s interview.
Probably because your stepson is an adult his application got separated from his mother’s but even so – you filed BEFORE he was 21! I don’t know what else to say, I feel bad about your situation. Doesn’t seem right. :(
Go ahead and contact your congressmen. Good luck!
 
Jane Green and cherr1980

Thanks for the responses thus far. It helps me make sense out of this mess as well as remind me that I am not going crazy.

My wife's application was filed in October of 2001 and my son's was done at least 6 months later. My wife's interview came a year earlier earlier but since it didn't go well it was rescheduled for 3 monhts after my son's interview where he was told to wait due to aged out application.

My wife also thought that she needed to get her GC first before his which I disagreed but seems to be the case now per Jane. Is this written anywhere on the USCIS website?

Does anyone know how USCIS works after an application was returned back to the pile? Since the DAO wrote that my son is category F16 does this goes to the F16 pile somewhere and because of the priority date being in 2003 he won't see his green card until they get to his file. I hope this isn't the case since they are working on 2001 cases
 
I agree with Jane...you filed before he was 21 and anyway he should be consider an immediate relative, so I guess contact a good lawyer...I don't know what should be done in this case, but calling them won't help. I think you should contact a lawyer and your congressman asap.

Good luck!!
 
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