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BIA on Adult K-4 Adjustment: Matter of Akram, ID 3762

August 01, 2012 (1 min read)

(1) An alien who was admitted to the United States as a K-4 nonimmigrant may not adjust status without demonstrating immigrant visa eligibility and availability as the beneficiary of a Petition for Alien Relative (Form I-130) filed by his or her stepparent, the United States citizen K visa petitioner.  (2) A K-4 derivative child of a K-3 nonimmigrant who married the United States citizen K visa petitioner after the K-4 reached the age of 18 is ineligible for adjustment of status because he or she cannot qualify as the petitioner’s “stepchild.” - Matter of Akram, ID 3762, 25 I&N Dec. 874 (BIA 2012)