“Aged Out” K-2 Child Adjusts Status In Immigration Proceedings

A Charlotte, North Carolina immigration judge recently granted a K-2 status holder the ability to adjust status to permanent residency despite the K-2 holder “aging out” by turning 21 before the adjustment of status application’s submission.

Minor children of K-1 fiance(e)s of U.S. citizens are entitled to K-2 immigration status.  K-2 visa applicants must be a minor (unmarried and under 21 years old).  Similar to the K-1 visa, the K-2 visa holder can obtain permanent residency through adjustment of status in the United States.  In the immigration case mentioned above, a K-2 holder turned 21 after entering the U.S., but before filing an adjustment of status application.   The USCIS determined that the K-2 visa holder had “aged out” and could not adjust status after turning 21.

However, the immigration judge, after receiving the case in removal proceedings, determined that the K-1 visa regulations and laws require a person to be under 21 at the time he or she enters the United States.

However, K-1 applicants who have similar situations should contact an immigration lawyer before proceeding.  This issue is still being debated in different courts throughout the US.

 

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