Announcement

Collapse
No announcement yet.

K2 Derivative Beneficiaries not covered by CSPA?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • K2 Derivative Beneficiaries not covered by CSPA?

    My son exercised his "follow to join" rights as he was listed on my original application I129F for a visa. He applied for Change of Status to LPR prior to his 21st birthday. After hearing nothing for months, we asked the CIS what was happening with his application. Myself and my daughter were made LPR's over a year ago. The caseworker told us "there is a problem". She told us that because Michael's LPR interview was not scheduled by the CIS before his 21st birthday, he has "aged-out".

    After a lot of upset, we went home and researched the CSPA and the Immigration Act, and I understood that the derivative beneficiaries of K1 visa applicants (such as myself) were covered by this Act. However, the US Department of Justice state in a memo to all Regional Directors, Immigration Services, etc., that "an alien who is a K2 cannot utilize the CSPA when seeking to adjust".

    My husband (a US citizen)is beside himself with worry. He knows that I can't stay here and send my son back to England, where he has no job, no home, no family, to fend for himself. He is faced with two choices, keep his family together by moving to the UK himself - a totally unfair thing to ask him to do since he has family here, mother, sister, neices, and all his friends are here, and the lifestyle he lives here in Virginia is the only way of life he has ever known. He wouldn't adjust well to the UK - he loves to pursue outdoor sports, hunting, camping, etc. The only other thing is for me to return to England with my children and try and pick up the pieces.

    It doesn't seem fair to us that every other "child" applicant seems to be covered by the CSPA, but specifically not K2's. Can anyone tell me why this is, or if there is any other rule that would apply and allow my son to stay here.

    We have had innumerable battles with the CIS over our Petition, COS, FBI background checks, it seems every step of the way has been a nightmare. Then this.

    If anyone can offer any help, I would be very grateful.

  • #2
    My son exercised his "follow to join" rights as he was listed on my original application I129F for a visa. He applied for Change of Status to LPR prior to his 21st birthday. After hearing nothing for months, we asked the CIS what was happening with his application. Myself and my daughter were made LPR's over a year ago. The caseworker told us "there is a problem". She told us that because Michael's LPR interview was not scheduled by the CIS before his 21st birthday, he has "aged-out".

    After a lot of upset, we went home and researched the CSPA and the Immigration Act, and I understood that the derivative beneficiaries of K1 visa applicants (such as myself) were covered by this Act. However, the US Department of Justice state in a memo to all Regional Directors, Immigration Services, etc., that "an alien who is a K2 cannot utilize the CSPA when seeking to adjust".

    My husband (a US citizen)is beside himself with worry. He knows that I can't stay here and send my son back to England, where he has no job, no home, no family, to fend for himself. He is faced with two choices, keep his family together by moving to the UK himself - a totally unfair thing to ask him to do since he has family here, mother, sister, neices, and all his friends are here, and the lifestyle he lives here in Virginia is the only way of life he has ever known. He wouldn't adjust well to the UK - he loves to pursue outdoor sports, hunting, camping, etc. The only other thing is for me to return to England with my children and try and pick up the pieces.

    It doesn't seem fair to us that every other "child" applicant seems to be covered by the CSPA, but specifically not K2's. Can anyone tell me why this is, or if there is any other rule that would apply and allow my son to stay here.

    We have had innumerable battles with the CIS over our Petition, COS, FBI background checks, it seems every step of the way has been a nightmare. Then this.

    If anyone can offer any help, I would be very grateful.

    Comment


    • #3
      The fact that K2 visas are issued to "kids" over age 18 is a pretty big loophole to begin with. K2s are essentially step-children of US citizens. Generally, to be valid for immigration purposes, the marriage creating the step-relationship has to occur before the child's 18th birthday. However, they way the INA is worded, "minor children" (unmarried and under age 21) of eligible K1s are able to adjust status.

      Your son is an adult. Why can't he get a job, find a home, or establish a life in his home country; a country he left only a few years ago? Why would your entire family have to return to England?

      Comment


      • #4
        "However, they way the INA is worded, "minor children" (unmarried and under age 21) of eligible K1s are able to adjust status".

        Can you tell me if that is truly correct - I just got off the phone with an Immigration Attorney and he said that K2's i.e. minor children of K1's do not have the automatic right to adjust status. It would help if you were correct.

        It seems a bit silly to me that a K2 visa is issued, due to "follow to join" rights, but that you can't adjust. Plus, it would seem unfair of the CIS to accept an application (along with the fee) to adjust, if he wasn't entitled to do so.

        I hope you are right.

        Comment



        Working...
        X