Question:
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?
Answer:
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.
|
© Family Green Card Application Service, www.greencardfamily.com