visa nightmare
Apr 24th 2003, 4:32 pm
#1
Just Joined
Thread Starter
Joined: Apr 2003
Location: londom
Posts: 14
visa nightmare
Hi,
I am new to this forum and hope some-one can advise.
I live in the UK with my middle son and hubby and youngest son live in Florida on L1 & L2
Just after Sep 11th 2001 my husband received his I 140
and submitted his change of status application (I485) in Feb 2002.
The notice of action said 240-365 days to complete. Texas had their fingerprint results back in May 2002 but as of todays date we are still waiting any news.
We advised Texas that myself and middle son were living in the UK and that my middle son would become 21years old in April 2002. as we did not want him to loose his benefit. We were told to submit I 824 forms so that the file may then be transferred to the Uk
This has been declined as the case is still pending although the letter says that once my husbands case is approved we can re-submit new I 824
At present my son is in no man's land as his L2 expired on his 21st Birthday
I cannot get any answer to find out if he has or has not 'aged out'
This visa process is tearing us apart and we all need to be together.
Does any one know of who could assist in any way? Is there any form of consumer services/ human rights
Regards Sue
I am new to this forum and hope some-one can advise.
I live in the UK with my middle son and hubby and youngest son live in Florida on L1 & L2
Just after Sep 11th 2001 my husband received his I 140
and submitted his change of status application (I485) in Feb 2002.
The notice of action said 240-365 days to complete. Texas had their fingerprint results back in May 2002 but as of todays date we are still waiting any news.
We advised Texas that myself and middle son were living in the UK and that my middle son would become 21years old in April 2002. as we did not want him to loose his benefit. We were told to submit I 824 forms so that the file may then be transferred to the Uk
This has been declined as the case is still pending although the letter says that once my husbands case is approved we can re-submit new I 824
At present my son is in no man's land as his L2 expired on his 21st Birthday
I cannot get any answer to find out if he has or has not 'aged out'
This visa process is tearing us apart and we all need to be together.
Does any one know of who could assist in any way? Is there any form of consumer services/ human rights
Regards Sue
Apr 24th 2003, 5:05 pm
#2
Guest
Posts: n/a
Re: visa nightmare
You may need the assistance from an attorney to figure this one out. I
think you may still have some time, but not much. Also contact a
Congressperson to ensure that Texas really does expedite it.
Basically, in order to determine if the child has aged out, you would take
the time it took INS to approve his I-140. Subtract that from the child's
age. So, if INS took 9 months, you would have until nine months after his
21st birthday. If the I-140 too more than a year, then you would still
have time left. What you may have to do is apply for an immigrant visa
right now (the date of the application counts) and ask the consulate to
hold it until the underlying I-485 is approved. Whether they will do that
is anybody's guess, though...
Again, have your husband contact an immigration attorney and a
Congressperson immediately.
On Thu, 24 Apr 2003 16:32:24 +0000, susan ward wrote:
> Hi,
>
> I am new to this forum and hope some-one can advise.
>
> I live in the UK with my middle son and hubby and youngest son live in
> Florida on L1 & L2
>
> Just after Sep 11th 2001 my husband received his I 140 and submitted his
> change of status application (I485) in Feb 2002. The notice of action
> said 240-365 days to complete. Texas had their fingerprint results back
> in May 2002 but as of todays date we are still waiting any news.
>
> We advised Texas that myself and middle son were living in the UK and
> that my middle son would become 21years old in April 2002. as we did not
> want him to loose his benefit. We were told to submit I 824 forms so
> that the file may then be transferred to the Uk
>
> This has been declined as the case is still pending although the letter
> says that once my husbands case is approved we can re-submit new I 824
>
> At present my son is in no man's land as his L2 expired on his 21st
> Birthday
>
> I cannot get any answer to find out if he has or has not 'aged out'
>
> This visa process is tearing us apart and we all need to be together.
>
> Does any one know of who could assist in any way? Is there any form of
> consumer services/ human rights
>
> Regards Sue
>
> --
> susie
>
>
> Posted via http://britishexpats.com
think you may still have some time, but not much. Also contact a
Congressperson to ensure that Texas really does expedite it.
Basically, in order to determine if the child has aged out, you would take
the time it took INS to approve his I-140. Subtract that from the child's
age. So, if INS took 9 months, you would have until nine months after his
21st birthday. If the I-140 too more than a year, then you would still
have time left. What you may have to do is apply for an immigrant visa
right now (the date of the application counts) and ask the consulate to
hold it until the underlying I-485 is approved. Whether they will do that
is anybody's guess, though...
Again, have your husband contact an immigration attorney and a
Congressperson immediately.
On Thu, 24 Apr 2003 16:32:24 +0000, susan ward wrote:
> Hi,
>
> I am new to this forum and hope some-one can advise.
>
> I live in the UK with my middle son and hubby and youngest son live in
> Florida on L1 & L2
>
> Just after Sep 11th 2001 my husband received his I 140 and submitted his
> change of status application (I485) in Feb 2002. The notice of action
> said 240-365 days to complete. Texas had their fingerprint results back
> in May 2002 but as of todays date we are still waiting any news.
>
> We advised Texas that myself and middle son were living in the UK and
> that my middle son would become 21years old in April 2002. as we did not
> want him to loose his benefit. We were told to submit I 824 forms so
> that the file may then be transferred to the Uk
>
> This has been declined as the case is still pending although the letter
> says that once my husbands case is approved we can re-submit new I 824
>
> At present my son is in no man's land as his L2 expired on his 21st
> Birthday
>
> I cannot get any answer to find out if he has or has not 'aged out'
>
> This visa process is tearing us apart and we all need to be together.
>
> Does any one know of who could assist in any way? Is there any form of
> consumer services/ human rights
>
> Regards Sue
>
> --
> susie
>
>
> Posted via http://britishexpats.com
Apr 30th 2003, 8:15 pm
#3
Just Joined
Thread Starter
Joined: Apr 2003
Location: londom
Posts: 14
vias nightmare
Thank you for your reply.
I have written to congressman Mr Weldon although he feels he can only get answers to my questions. I was hoping he could expidite our case
When I hear I will let you know the outcome
Regards Sue
I have written to congressman Mr Weldon although he feels he can only get answers to my questions. I was hoping he could expidite our case
When I hear I will let you know the outcome
Regards Sue
May 1st 2003, 5:48 am
#4
Guest
Posts: n/a
Re: visa nightmare
On Wed, 30 Apr 2003 20:15:00 +0000, susan ward wrote:
>
> Thank you for your reply.
>
> I have written to congressman Mr Weldon although he feels he can only
> get answers to my questions. I was hoping he could expidite our case
That's normal. He can't expedite cases faster than what BCIS policies
allow. Exception: if your case is an emergency, such as aging out, then
the Congressperson may be able to expedite the case.
He would still just tell you that he'll get you answers to your questions,
and then proceed based on the answers.
>
> Thank you for your reply.
>
> I have written to congressman Mr Weldon although he feels he can only
> get answers to my questions. I was hoping he could expidite our case
That's normal. He can't expedite cases faster than what BCIS policies
allow. Exception: if your case is an emergency, such as aging out, then
the Congressperson may be able to expedite the case.
He would still just tell you that he'll get you answers to your questions,
and then proceed based on the answers.
