Randy W Posted February 3, 2016 Report Share Posted February 3, 2016 This memo from the USCIS claims that they will follow the guidelines from the BIA, although the web site K Nonimmigrant, says otherwise, even with an update as recent as July, 2015 Questions and AnswersUSCIS American Immigration Lawyers Association (AILA) MeetingOctober 5, 2011 8. K Visa Issues in USCIS Adjudicationsa) Matter of Le, 25 I&N Dec. 541 (BIA 2011)In this precedent decision, the BIA held that a derivative child of a nonimmigrant fiancé(e) visa holder under INA Section 101(a)(15)(K)(iii), is not ineligible for adjustment of status simply by virtue of having turned 21 after admission to the United States on a K-2 nonimmigrant visa.i. Please confirm that the USCIS will adopt the position of the BIA in the Le case.RESPONSE: Yes, USCIS will follow the BIA’s decision in Matter of Le.ii. Will USCIS be issuing guidance to the field on adjudicating cases covered by Le?RESPONSE: Yes, guidance is being developed to address Le. . . . v. For cases in the pipeline, how should we alert USCIS to potential age-out issues and to avoid denials and NTAs?RESPONSE: You may contact the office having jurisdiction over a pending case through normal methods (e.g. mail, InfoPass appointment, etc.). Link to comment
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