Greencard for child of a fiancée of a US citizen

The Tenth Circuit Court of Appeals ruled that a child of a fiancée of a United States Citizen or K-2 visa holder can adjust his or her status to Greencard holder or Lawful Permanent Resident (LPR) even though the child turns twenty-one while the application is pending.

The court’s ruling comes from the matter of Colmenares Carpio v. Holder which concluded that the applicant “must be under twenty-one when he or she seeks to enter the United States, not when his or her subsequent application adjustment of status is finally adjudicated.”

This result contravenes several decisions of the United States Citizenship and Immigration Service or USCIS denying applications for adjustment of status based on a K-2 visa because the applicant was twenty-one years of age or older at the time of adjudication of the adjustment of status.

To recap, the K-2 visa holder must be under twenty-one at the time he or she “seeks to enter” the US when applying for adjustment of status.

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