K-2 Age Outs

[Rich and Lenochka 0]

I was wondering if anybody here knows of any problems with the K-2 "aging out" issue since last summer's landmark decision by the DOJ BIA in the Le case, where it was decided that the derivative child of a nonimmigrant fiancee visa holder is NOT ineligible for adjustment of status simply by virtue of having turned 21 after admission to the U.S. on a K-2 non immigrant visa. In other words, if he is granted is K-2 and makes it through the U.S. port of entry before turning 21, he doesn't have to sweat being deported due to his AOS not being completed before turning 21.

This decision is wonderful for those of us who have an incoming K-2 beneficiary who is granted a K-2 visa and arrives in the U.S. prior to turning 21, but cannot complete the AOS process before the 21st birthday. I

But I was telling an acquaintance of mine (he happens to be an attorney) about this decision, and he wondered out loud if this decision has been accepted and implemented in all cases since last June when it was rendered by the BIA. He asked me if the decision has resulted in a change in the law, and if not has it at least resulted in a change in policy across the board in all USCIS offices. I didn't know the answers, so here I am again.

Of course, I have a personal stake in this since it appears that my future stepson will arrive in the U.S. before his 21st birthday in August, but his AOS won't be adjudicated until after he turns 21. From everything I have read here it looks like he will be alright and will be eligible for his green card.

I have received so much good information here on VJ. Thanks to all who weigh in on this.

Thanks!

Rich, Elena, and Roma

[Gary and Alla 3,694]

Yes it was "accepted" in the sense that it was not appealed, not much else to do with a court decision. Several VJ members have benefitted from this so far and USCIS will expedite petitions which involve children that are in danger of aging out. There is a thread running here right now about a RUB member that just recently received an expedite for this reason. Check the Ukraine portal and go down a few pages...you will find it.