K2 Visa Age Out on Adjustment of Status?
Question by : K2 Visa Age Out on Adjustment of Status?
Previously, Someone named Rue asked about K2 age out. She was give wrong advice by Fred S. Here is the correct advice that I posted as a comment on her “resolved” question:Fred S is entirely wrong. The USCIS made the error and have done so in many other cases. There is no age test for K2s after the visa is issued and you have entered the US.
Best answer:
Answer by David
You can hardly say Fred was wrong if the case has just been decide And please we are not highly paid lawyers who get it wrong too ….
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That’s true, there is a district court case in Northern California, Verokin v. Still (2007), that held that the K-2 visa holder must merely have been 21 at the time his adjustment of status application was filed in order to be eligible to apply for adjustment of status. Do you have anything that shows that Verokin applies nationwide?
Last month, there was a case pending before the Board of Immigration Appeals (BIA) which will finally resolve this issue. Hopefully, the BIA will follow the court’s interpretation in this case. If BIA does, USCIS has to follow the BIA’s ruling.
It’s never wise to generalize for the whole country because one section of the country operates a certain way. Of course, if you have some evidence that the entire agency is following Verokin, and you can politely articulate it, everyone would benefit if you would share that information.