Can I adjust for a K2 over 21

[mydogsdog 0]

Here's the situation. I filed a K1/K2 visa. The K2 visa was issued a few days before the child turned 21. However, he entered after he was 21. Can he adjust his status into a permanent resident?

[YuAndDan 153]

Good question for a lawyer, but from what I have been reading AOS needs to be filed and approved before age 21, if not they are considered to be "Aged-Out"

[LaL 418]

I believe all the circumstances we have seen here at VJ include those who applied for AOS prior to turning 21, but the file was not adjudicated until afterward, thus making it a grey area. You will need to consult an immigration attorney. You may also wish to contact Yu Mei with AFU. ( I will PM her email address).

[florida_guy07 0]

Here's the situation. I filed a K1/K2 visa. The K2 visa was issued a few days before the child turned 21. However, he entered after he was 21. Can he adjust his status into a permanent resident?

Unfortunately, under current laws after the child turns 21, they can no longer adjust from a K2 visa. Research, I forgot the name but there's someone with the same case here on VJ and they have had some progress and trying to get that fixed. Search for "aged-out"

[john_and_marlene 162]

The process for determining the age of the child of an LPR, or the derivative of a family-based, employment-based or diversity visa is more complicated. In these cases, the beneficiary's age will be locked in on the date that the priority date of the visa petition becomes current, less the number of days that the petition is pending, but only if the beneficiary seeks to acquire the status of LPR within one year of the date the visa became available.

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First, determine the child's age at the time a visa number becomes available;

Second, subtract from this age the number of days that the visa petition was pending; and

Third, determine whether the beneficiary sought LPR status within one year of the visa availability date.

http://www.ailf.org/lac/lac_pa_010504.pdf