Urgent response please!!!!!Escalate to Mr. Rajiv Khanna

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cba4321

Registered Users (C)
One of my friend added his daughter to his employment based 485, one and a half year after he applied. He got his approval couple of months back. But his daughter's case was denied because she should have had applied within one year of his application. Right now she is here in the US. She has been attending school for two semesters based on her adjustment status. She even got EAD twice and worked here. All of a sudden she got a denied letter for 485 couple weeks back.
I believe she is out of status now and has to leave within 180 days though her parents are here, if I am not wrong. Is there any way she can appeal for this case or is there any other alternative for her to maintain a status or a status to attend university. They are not getting any help fromt he attorney who applied their 485.
I would really appreciate if any authoritative person of this group escalate this matter to Mr. Rajiv Khanna.

Thanks
 
Dependent adjustment of status applications usually filed along with primary application or a few months after the application. One and half year appears too long. The situation is serious regarding status. If she is in F-1 status. She is OK. Needs immediate lawyer help. Your friend should contact any competent attorney as urgently as possible. Good luck!

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Last edited by a moderator:
cba4321 said:
I would really appreciate if any authoritative person of this group escalate this matter to Mr. Rajiv Khanna.
Thanks
Click to expand...

Law Offices Of Rajiv S. Khanna, PC
5225 N. Wilson Blvd.
Arlington, VA 22205-1148
Voice: (703) 908-4800

You're welcome!
 
Can someone point me to any documentation of INS rules that states that dependants can only be added within a year of one's application for AOS. My wife was added as a dependant almost a year and half after me. If this rule exists as has been written here that would put us in a terrible situation :|
 
> But his daughter's case was denied because she should have had applied within one year of his application.

I think cba4321's friend's daughter turned 21 years old.
In my understanding, CSPA doesn't prevent such a case filed after one year from aging out.
 
cba4321 said:
One of my friend added his daughter to his employment based 485, one and a half year after he applied. He got his approval couple of months back. But his daughter's case was denied because she should have had applied within one year of his application. Right now she is here in the US. She has been attending school for two semesters based on her adjustment status. She even got EAD twice and worked here. All of a sudden she got a denied letter for 485 couple weeks back.
I believe she is out of status now and has to leave within 180 days though her parents are here, if I am not wrong. Is there any way she can appeal for this case or is there any other alternative for her to maintain a status or a status to attend university. They are not getting any help fromt he attorney who applied their 485.
I would really appreciate if any authoritative person of this group escalate this matter to Mr. Rajiv Khanna.

Thanks
Click to expand...
How is that possible? Something is missing here. There is no such rule.

What was age of daughter when she was added?
 
cba4321 said:
I believe she is out of status now and has to leave within 180 days
Thanks
Click to expand...

Am not even sure that the grace period is 180 days...
That seems like a bit too long !

Contact an attorney to make sure the daughter isn't accumulating time in the US on illegal status
 
The denial was probably based on the age out factor as Kashmir mentioned. Your friend needs some good legal advise and fast. I suggest you call Rajiv Khanna's office directly and get a consultation set up, since it will be too complicated a case to talk about on just the forum.

Good luck!
 
She was 20 years 9 months when they added her to the fathers 485 case and she came to USA. But by that time it was 1.5 year of her fathers 485 filing.

http://www.usvisanews.com/memo1808
check this link, this is what exactly happened.

I think only situation is F1, but already F1 denied once.

The information in the link says it will be automatically converted to the appropriate family-based category. how to check this??
 
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