Second Circuit Confirms K-1 Visa Holders Can Only Adjust Status Through Original K-1 Petitioner

In Caraballo-Tavera v. Holder, the Second Circuit confirmed that individuals who enter the United States as K-1 visa holders cannot adjust status (aka become a green card holder) except through marrying and adjusting status through the original K-1 visa petitioner.

In the case, the applicant had entered the United States as a K-1 visa holder and married his K-1 visa petitioner.  After marrying, the couple applied for adjustment of status, and the applicant received conditional permanent residency.  However, after receiving CPR status, the couple divorced and the applicant sought a waiver to the conditions of his permanent residency.  Unfortunately, the applicant was not able to demonstrate his eligibility for a waiver and was placed in removal proceedings.

In removal proceedings, the applicant attempted to adjust status based upon an approved I-130 through his U.S. citizen daughter.  The immigration court, the BIA, and the Second Circuit all agreed that the applicant could not adjust status through his daughter because he had entered as a K-1 visa holder.

If you are a K-1 visa holder, and are seeking to adjust status, please contact a fiancee visa lawyer to discuss your options.

 

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