K-4 Visa Holder (Child of K-3 Visa as Spouse of US Citizen) Who Was Over 18 When K-3 Parent Married US Citizen Cannot Apply to Adjust to Green Card Status

The BIA held that a K-4 derivative child of a K-3 nonimmigrant who married the United States citizen K visa petitioner after the K-4 child reached the age of 18 is ineligible for adjustment of status because (s)he cannot qualify as the petitioner’s “stepchild.”  (Matter of Akram, 8/1/12)

K-4 visa is a derivative visa of parent’s K-3 visa (as the spouse of a United States citizen).

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws.  BIA decisions are binding on all U.S. Department of Homeland Security (DHS) officers and immigration judges unless modified or overruled by the Attorney General or a federal court.

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K-4 Visa Holder (Child of K-3 Visa Spouse of US Citizen) Can Only Apply to Adjust to Green Card Status Based on Original K Visa Petitioner

In Matter of Valenzuela, 25 I&N Dec. 867 (BIA 2012), BIA holds that a K-4 visa holder cannot adjust status to U.S. permanent residence status based on her own subsequent marriage to a U.S. citizen, and could only adjust status based on the I-130 filed by the K visa petitioner (parent’s original petitioner for K-3 Spouse of US citizen).

K-4 visa is a derivative visa of parent’s K-3 visa (as the spouse of a United States citizen).  The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws.

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• K-4 Visa Holder (Child of K-3 Visa as Spouse of US Citizen) Who Was Over 18 When K-3 Parent Married US Citizen Cannot Apply to Adjust to Green Card Status

Washington, DC USCIS in Fairfax, Virginia: Saturday I-485 and I-751 Interviews

In the summer months of 2012, U.S. Citizenship and Immigration Services (USCIS) Washington District Office in Fairfax, Virginia, had started scheduling naturalization interviews on Saturdays.  It has now also stared to schedule Adjustment of Status for the coming months.  Even I-751 interviews may also take be scheduled for  interviews on Saturdays.

July 26, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com . Direct dial from overseas: 001-703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver and PERM.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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• K-4 Visa Holder (Child of K-3 Visa as Spouse of US Citizen) Who Was Over 18 When K-3 Parent Married US Citizen Cannot Apply to Adjust to Green Card Status
• USCIS Centralized I-601 and I-212 Inadmissibility Waiver Filings
• K-4 Visa Holder (Child of K-3 Visa Spouse of US Citizen) Can Only Apply to Adjust to Green Card Status Based on Original K Visa Petitioner
• Sponsor of Green Card Affidavit of Support Must Still Support Sponsored Ex-Spouse Who Has Refused to Look for Jobs