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  • aging out

    I came to the U.S. in 2000, and while we waited for an interview, I turned 21 (in July 2002). Our interview was in April 2003, and two months after that I got a denial letter. Unfortunately, the CSPA does not apply to me because of the visa I came on. Does anybody know if the immigration counts unlawful presence from the 21st birthday or from the date they send the denial letter? I would greatly appreciate any help.

  • #2
    I came to the U.S. in 2000, and while we waited for an interview, I turned 21 (in July 2002). Our interview was in April 2003, and two months after that I got a denial letter. Unfortunately, the CSPA does not apply to me because of the visa I came on. Does anybody know if the immigration counts unlawful presence from the 21st birthday or from the date they send the denial letter? I would greatly appreciate any help.

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    • #3
      Could you give more details as to what kind of visa you came on. Please provide more details.

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      • #4
        Khan,
        I came on a K-2 visa in December 2000. If you have some info for me, please share it.

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        • #5
          sveta: Your unlawful period starts from the day of denial..Were you working while your petition was pending..Could you please give me more details about your issue.

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          • #6
            I worked for 4 months after applying for adjustment of status, and then I went to school up to the time when I got the delial letter. I am not doing anything now, I am trying to find an attorney who could help me. Some say that I don't fall under the CSPA, and others that I do, but they don't want to handle my case because it's too complicated. If you have any ideas about what I should do, please let me know.

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            • #7
              If you dont mind can you please give me the brief history of you whole case that how you got k2 visa and who married whom etc. I am a bit confused coz k2 visa is issued to a child of faincee of a USC..Just give me details.

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              • #8
                My mother got her K-1 visa in July 2000 with intention to marry her fiance, and I got my K-2 on the same day. They left fot the U.S. right away, gor married in September and applied for AOS in Novemeber 2000. I wanted to finish the semester, so I arrived in the U.S. in December 2000 and applied for AOS same month. In July 2002 I turned 21. We were still waiting for our AOS interview, and we had no idea about "aging out." Then we had the interview in April 2003. My mother got her green card, but I received a denial letter which stated that my application for permanent residence was denied because I turned 21 before the interview, that is, I "aged out." I am aware of the CSPA, but most attorneys say that it doesn't apply to me because of the type of visa that I came on, and those that say that it does, don't want to handle my case, they just suggest that I find a good attorney, which I haven't been able to do as of yet. Hope I gave you all the important details

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                • #9
                  Unfortunately, yesterday I did find out that cspa does not apply to various categories of visas which include v and k. However, i would agree with the attorneys who opines that you dont fall under that category coz you turned 21 after you obtained your k visa....You have also fallen out of status since the day you recieved your denial letter. I would presume you are the step daugther of your father, right. By the way did the denial letter give any other reasons besides, "aging out"...or did they suggest some kind of alternative remedy..It is not easy to find out the resolution without going through the full details. It needs a lot of legal research. I dont understand why attorneys dont take your case. Go to www.immigration.com and write email to Rajiv and see what he suggests...Good luck and let me know and I will research in the meantime.

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                  • #10
                    Thank you for the advice. Please let me know if you find something new.

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