K-2 Age Out Update

A federal court has ruled that K-2 visa holder who timely applies for adjustment of status under INA § 245(d) must be under 21 when he or she seeks to enter the U.S., but not when the adjustment application is finally adjudicated. (Carpio v. Holder, 1/12/10).

A K-2 visa holder is the derivative beneficiary child of a principal K-1 fiance visa holder.

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