Aging out for K-2 holder?

R

ravena

Registered Users (C)
Hi all,

I am asking for my friend. She got K-1 visa, came to U.S. about a year ago, married a U.S. citizen, and filed I-485 (pending). Her son got K-2 visa and came to U.S. in March 2010. His I-485 was filed in May 2010, and he is turning 21 in August. What happens if he won't get a green card at the age of 21? Will he age out and will be unable to do AOS?

His current impression is that he MUST have an AOS interview before turning 21, or otherwise AOS will be denied. I'm not sure where he found this information.

Thanks a lot,
Ravena.
 
That is correct. I believe there is a case pending before the Board of Immigration Appeals (BIA) which will finally resolve this issue.

ravena said:
His current impression is that he MUST have an AOS interview before turning 21, or otherwise AOS will be denied.
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