The United States Court of Appeals for the Third Circuit on Monday made a precedential decision regarding K-4 Visa regulations.
Background on K-4 Visas
Under the Immigration and Nationality Act (INA), children under 21 whose alien parent marries a U.S. citizen abroad can obtain a K-4 Visa to accompany their parent. Then, the individual can apply to adjust his or her status to a lawful permanent resident.
However, a federal regulation previously barred any K-4 visa holders who were between the ages of 18 and 21 at the time of the parent’s marriage from obtaining lawful permanent residence without first returning overseas.
Change to K-4 Visa Rules
This week, the adjustment limitation was closed. The Third Circuit struck down the federal regulation after its review of a prior decision from the Board of Immigration Appeals (BIA).
For additional information on this new K-4 Visa rule change, please visit: https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/archive/2016/06/07/ca3-agrees-with-ca7-strikes-down-k-4-visa-reg-cen-v-atty-gen.aspx?sthash.2n6zOgZ6.mjjo.
As always, Shane & Shane urges anyone working through immigration and naturalization processes to contact a qualified immigration lawyer. To speak with one of our attorneys, feel free to contact our team.