Although Veronika had received the K-2 visa before her reaching 21, had entered the US before reaching 21, the marriage of her mother had taken place before her reaching 21, and she had filed for AOS before reaching 21, she was denied simply because the USCIS did not complete their processing of the Adjustment of Status application before her 21st birthday.
Congress passed the Child Status Protection Act in 2002 which prevented “aging-out”, by locking in the age at the time when the application for AOS is submitted. But this act benefited only children of the immigrant visa holders’ categories at the exclusion of the non-immigrant K-2 visa holders.
Says John, "because of employment, and having a special needs son, I would not be able to consider departing the country together with the rest of the family. On the other hand, if Veronika returns to Russia while the others remain, she will be without a family, a home, and any means of self support. Clearly, the only answer is for the family to stay together."
It is our sincere hope that in result of the congressional review of current immigration policies a decision would be made to include a provision amending the applicable sections of the immigration law, so that the K-2 beneficiaries might enjoy the same protection from aging-out that other immigrant visa holders had already received pursuant to the CSPA.
John, Natali, and daughter Veronika:
