MATTER OF Mahvah AKRAM, Respondent

Posted by Norka M. Schell, Immigration Attorney
Law Offices of Norka M. Schell, LLC
www.lawschell.com

Decided on August 1, 2012

This case addresses the question whether an alien who was admitted to the United States as a K-4 non immigrant pursuant to section 101(a)(15)(K)(iii) of the Immigration and Nationality Act,

8 U.S.C. § 1101(a)(15)(K)(iii) (2006), can adjust status without demonstrating immigrant visa eligibility and availability as the beneficiary of an approved immigrant visa petition filed by his or her stepparent, the United States citizen K visa petitioner. 

(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.”

In a decision dated May 21, 2010, an Immigration Judge denied Mahvash Akram's application for adjustment of status and granted her request for voluntary departure. Mahvash Akram appealed from that decision and submitted two motions to remand. 

The case addressed the question whether an alien who was admitted to the United States as a K-4 nonimmigrant pursuant to section 101(a)(15)(K)(iii) of the Immigration and Nationality Act,

8 U.S.C. § 1101(a)(15)(K)(iii) (2006), can adjust status without demonstrating

immigrant visa eligibility and availability as the beneficiary of an approved

immigrant visa petition filed by his or her stepparent, the United States citizen

K visa petitioner. 

The Board of Immigration Appeals (BIA) concluded that the Respondent, a K-4 nonimmigrant who was over 18 years of age when her K-3 mother married the K visa petitioner, was ineligible to adjust her status under section 245(a) of the Act, 8 U.S.C. § 1255(a) (2006), because she can not qualify as the petitioner’s “stepchild.” The BIA denied the two motions and dismissed the appeal.  

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