USA K-2 derivative child can adjust status if admitted to US under 21

New BIA case, June 23, 2011: K-2 derivative child can adjust status if admitted to US under 21, even if turns 21 before adjustment is complete.

A derivative child of a nonimmigrant fiancé(e) visa holder under section 101(a)(15)(K)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(K)(iii) (2006), is not ineligible for adjustment of status simply by virtue of having turned 21 after admission to the United States on a K-2 nonimmigrant visa.

BIA held on June 23, 2011 that a K-2 who is under 21 when admitted to the United States on K2 visa, remains eligible for adjustment of status based on his/her parent's marriage to a K-1 petitioner.