K2 Visa Option Now Has Greater Flexibility

Today we have some good news!  Applicants of a K1 visa who wish to immigrate their children under the K2 visa option now have greater flexibility to adjust their child’s status to that of lawful permanent resident.

In its June 23, 2011 decision Matter of Le, the Board of Immigration Appeals (BIA) favorably resolved the issue of whether the child of a fiancée of a U.S. citizen (a K-2 visa holder), who legally entered the U.S. when under age 21, is eligible for adjustment of status even after turning age 21.

The BIA concluded that the age of the child is “fixed” at the time the child is admitted to the United States.  In doing so, it rejected the Department of Homeland Security’s position that a K-2 visa holder is eligible only if he or she is under 21 at the time the adjustment of status application is adjudicated.

The BIA’s decision is consistent with the position of the American Immigration Lawyers Association, of which this writer is a member, which has long stated that, for purposes of adjustment of status, the age of the child should be “fixed” at the date when the child was admitted to the United States.  These children will now will be able to become lawful permanent residents as Congress intended.

My name is John Buda.  I am an immigration attorney.  If you have questions or need help bringing your spouse or fiance to the United States, please feel free to contact me.

Randy and Xiaoying Marsh

Randy provides support to petitioners and file management for Buda Law Group. Xiaoying provides Chinese language support through the complete process of obtaining a K1 or CR1 visa.

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