10.01.10

Adjustment for Aging-out Child of Fiancee

Posted in visa at 8:08 pm by Lalita Haran

Children of fiance(e) of a U.S. citizens who enter U.S. on K2 visa face problems legalizing their immigration status inside the country, upon turning twenty one. This is because the law does not show any considerations for growing older with time. Upon reaching the age of majority, K2 children lose eligibility to receive permanent residence status through adjustment of status.

The Child Status Protection Act does not expressly cover such situations. The law was enacted in 2002 to allow the aging out children continue to process their pending adjustment of status application along with the rest of their family. It was designed to prevent family separation caused solely by immigration law provisions. Before the enactment of this law, children upon turning twenty-one were removed as the child derivative beneficiary of their parent’s immigration application. They then had to show an independent basis to be eligible for immigration benefits. This happened purely by passage of time and most of the time children entering lawfully with their parents would lose authorization to stay in the United States upon turning 21. This is called aging out of children.

CSPA attempted to cover the situation but left out noticeable gaps in the remedy. Fiance(e)’s children who entered early in their age are considered fortunate because their adjustment applications is likely to be processed before they age out. Quite often K2 children enter United States just before reaching adulthood and aren’t so fortunate to lawfully be able to stay with their parent. Litigation is pending that just as other visa entrants, the aged out child of fiancee, a K2 visa holder, should also be entitled to the protection of the Child Status Protection Act.

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