老师,您可能不知道K2上诉成功的案例吧? 我在看几个2011年的例子,争论的焦点是18岁的问题,最后法庭判断K2 need no

来源: 来自天山脚下 2014-09-04 17:27:59 [] [博客] [旧帖] [给我悄悄话] 本文已被阅读: 次 (1479 bytes)
部分章节如下:
We further find that a fiancé(e) derivative child need not
qualify as the “stepchild” of the fiancé(e) petitioner but, rather, must only
show that he or she is the “child” of the alien fiancé(e) parent whom he or she
is accompanying or following to join.

The respondent was 19 years of age at the time he was admitted to the
United States. He therefore met the definition of a minor child of his alien
mother and satisfied the visa eligibility and availability requirements, subject
to the bona fide, timely marriage of his mother to the petitioner. In this case,
the marriage occurred, and there is no indication that it was not bona fide.
We conclude that the respondent has established prima facie eligibility for
adjustment of status under sections 245(a) and (d) of the Act. Accordingly,
his appeal will be sustained. Because we find that the respondent is entitled
to renew his application for adjustment of status before the Immigration Judge,
we will remand the record for further proceedings.

ORDER: The appeal is sustained.

FURTHER ORDER: The record is remanded to the Immigration Judge
for further proceedings consistent with the foregoing opinion and for the entry
of a new decision.

我感觉我们还是很有希望的。

所有跟帖: 

预祝状告移民局成功。 -python2012- 给 python2012 发送悄悄话 (61 bytes) () 09/04/2014 postreply 17:38:01

谢谢您回复和关注!当然首先是希望移民局has learned their lessons, 不要在误判了。 -来自天山脚下- 给 来自天山脚下 发送悄悄话 来自天山脚下 的博客首页 (0 bytes) () 09/04/2014 postreply 17:41:39

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