How to Make Sure to Get I-485 Application Approvel for My Son before the Age of 21

Question:

I entered U.S with K-1 visa, and my son entered the U.S. together with me with K-2 visa. How to make sure to get Form I-485 application approvel for him before the age of 21?

Answer:

The Immigration and Nationality Act defines a child as an unmarried person under twenty-one years of age. Generally, a K-2 child can seek adjustment of status as the minor child of a K-1 parent. Therefore, if the K-2 child adjusts status based on the K-1 parent's s adjustment, then the K-2 child can only adjust status prior to his or her 21st birthday. Several issues may impact a K-2 child's ability to seek adjustment beyond the age of 21.

The child must still be under 21 at the time to begin the Form I-485 application process, although turning 21 once the application is pending should not cause the child to lose the eligibility as a "child". If the child will attain the age of 21 years while the Form I-485 application is pending, the child may be covered under the Child Status Protection Act (CSPA)

Nonetheless, K-2 visa holders should make sure they apply for adjustment of status, with or after their K-1 visa holding parent, within the 90-day validity period of their K-2 visa. This is because, even though K-1 visa holders can still easily apply for adjustment of status after the expiration of their I-94, this option seems more limited for K-2 visa holders.