Immigration Forum / USA Marriage Base / January 2006

As most of you know, we have been through hell for the last three years,
trying to get the USCIS to adjust my son to LPR status. They said that
he may have "aged-out" back in May of 2003 and recently Vermont
requested the file and said that they were going to sort it out for us,
that he didn't meet the criteria to be an "age-out".

They had the file - called me and said that because he could be linked
to my I-751 application they could issue him a Green Card that way.  I
had never heard of something like this happening before, but trusted
that they knew what they were doing.

Then our senator's office called - they had been faxed a letter from the
Washington DC office stating that his I-485 application had been
DECLINED, but not saying why.  We still haven't received the official
Denial Notice and, I understand, we only have 30 days from the date of
the Denial to appeal.   Well, they said in the letter it was declined on
the 17th January 06.  How can we appeal, when we don't have the Notice
and don't know under what section of the INA they are declining him?

We have to find an attorney who will act for us - not as easy as it
sounds, since very few attorneys know much about K-2's and the
requirements they must meet in order to adjust status.  Vermont said
that he only needed to be under 21 when he applied and that we married
within the 90 days and he entered legally and was inspected.  He was, we
did and he did!

Anyway, when Vermont told me on the phone it was a "good thing" that DC
declined him, and that they had requested the District Office do so, in
order that they could issue him a GC via the I-751 route. We were all
totally confused - but the woman sounded so confident that this was
going to remedy the problem, that he had to be denied on the I-485 so
they could approve him this way.

Today I get home and there is a message on the ansafone from the Vermont
Service Center saying "Washington DC have requested your (my) file, we
will be issuing your LPR card (having removed the conditions) and will
send the file to DC. They need it to RESOLVE the I-485 issue, I guess."
is all she really said.

Now, I have no idea what the hell is going on - I have a sick feeling in
the pit of my stomach that this is not good.

If they don't get the file for a couple of weeks, at least, and the 30
days will have run out by then for the appeal - what are we supposed to
do. Are we now sitting, waiting, for the knock on the door, or what?

I don't understand how DC can "resolve" the I-485 situation, if they
have already denied him?

He has an approved I-130, but there is an 8 year wait for immigrant visa
availability - I don't know where he stands with that, as far as removal
from the US is concerned.  We've been so wrapped up in the problems with
the I-485.

Anyone have any ideas, or know of a GOOD immigration attorney who may
actually be willing to help us?

Thanks so much.
Glenys