Patrick Taurel, Legal Fellow at the American...
Adjustment for K-2 Visa Holders
The LAC has long advocated that a 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 LAC filed amicus briefs in numerous cases before the Board of Immigration Appeals arguing that this framework for adjustment of status was a more correct interpretation of the law and furthered Congress’s goal to keep families intact.
On June 23, 2011, in Matter of Le, 25 I&N Dec. 541 (BIA 2011), the Board held, consistent with the LAC’s position, that the age of the child is “fixed” at the time the child is admitted to the United States. In doing so, the Board rejected DHS’ 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. As a result, noncitizens who were under 21 when they were admitted and now are pursuing adjustment of status in removal proceedings or before U.S. Citizenship and Immigration Services, will be able to become lawful permanent residents as Congress intended.
The LAC and the American Immigration Lawyers Association submitted several amicus briefs in cases pending before the Board of Immigration Appeals addressing adjustment for K-2 visa holders. The brief submitted in In Re Qiyu Zhang is one example.
LAC Press Release: Board Sets Favorable Precedent for Children of Fiancées (K-2 Visa Holders)
American Immigration Council’s Immigration Impact Blog: The BIA Has the Chance to Prevent the Wrongful Deportation of Immigrant Children
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