Home  Questions and Answers for Family Immigration  |  Google+  Facebook  Twitter

Limited CSPA Coverage for K-2 Child before 21 Birthday


I was in the K-2 status before, and will reach 21
birthday soon. Can I get Green Card without leaving the United States using CSPA protection?


A K-2 child does not generally have a Form I-130 petition for alien relative filed by the U.S. citizen, which is required in order for
Child Status Protection Act (CSPA) provisions to be applicable. Therefore, a K-2 child cannot utilize the CSPA when seeking to adjust status. Thus, a K-2 child may only seek Form I-485 adjustment before reaching the 21st birthday, and must adjust prior to his/her 21st birthday.

U.S. Citizenship and Immigration Services (USCIS) may accept a Form I-130 application filed by the U.S. citizen based on a parent-child relationship between the U.S. citizen and the K-2 child. For example, when the U.S. citizen has married the K-1 alien, and the K-2 child was not yet 18 years old at that time. In this situation, the K-2 child is considered the step-child of the U.S. citizen under the law. This will allow an alien child who once was in a K-2 status to adjust on the basis of being an immediate relative of a U.S. citizen, and allow the K-2 child to utilize the Child Status Protection Act (CSPA) when seeking adjustment of status - not age out while the Form I-485 application is pending. Exercising this CSPA option will require:
  • An existing parent-child relationship between the U.S. citizen petitioner and the K-2 child;
  • Filing of Form I-130 prior to the K-2 child's 21st birthday;
  • Submitting all required documentation and paying the required fees associated with Forms I-130 and I-485.




For All Your Immigration and Green Card Application Needs
 © Family Green Card Application Service, www.greencardfamily.com