Good News for Children of Fiancées

The Child of a Fiancée of a U.S. Citizen is Eligible for a Green Card Even after Turning 21

Good News is rare to come by in the Immigration arena but on June 23, 2011, the Board of Immigration Appeals (Board) issued a decision advancing family unity. The case is called Matter of Le. The Board favorably ruled that 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 Board 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.

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