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Immigration Court in NC Permits Adjustment to K-2 Child That 'Aged Out'

A child was admitted to the United States when she under twenty years old as a K-2 visa holder with her mother, the K-l visa holder. The mother married a U.S. citizen within 90 days of entry. The child turned twenty-one years old before the mother filed for adjustment to permanent status.

The United States Citizenship and Immigration Service (USCIS) denied the child's adjustment application, holding that the child turned twenty-one years old and was, therefore, no longer qualified as a "child".

The Immigration Court in North Carolina reversed USCIS, finding that the child is eligible to adjust to permanent resident status.

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