The Board of Immigration Appeals (BIA) has ruled that a K-2 visa holder does not age out. This means that a K-2 visa holder who is under 21 when he or she enters the United States can become a permanent resident – even after turning 21.
In the case, the K-2 visa holder entered the United States as a 19-year old. Within a few weeks of entering, his mother married the U.S. citizen K-1 petitioner. The K-1 mother and K-2 son petitioned to adjust status to become permanent residents. The mother was allowed to adjust status. However, the immigration agency would not allow the K-2 visa holder to adjust status and become a permanent resident. When in front of an immigration judge, the K-2 visa holder was not allowed to reapply for adjustment of status because he had already turned 21. The judge determined that the K-2 visa holder had aged out because he was over 21.
On appeal, the BIA determined that the K-2 visa holder was eligible to adjust status because he was under 21 when he entered the United States, his K-1 visa holding mother successfully married within 90 days of entering the United States, and he was otherwise eligible.
If you are a k-2 visa holder, please contact a k-2 visa lawyer to discuss your options.