K-4 Visa Holder Cannot File for Green Card Based on Own Marriage to U.S. Citizen

July 24th, 2012 by Brian D. Zuccaro

In the case, Matter of Valenzuela, 25 I&N Dec. 867 (BIA 2012), the Board of Immigration Appeals (BIA) held that a K-4 visa holder (i.e. the son/daughter of a K-3 visa holder) could only file an application for adjustment of status to lawful permanent residence based on the I-130 petition filed by the K-3 visa holder’s spouse. An individual who enters the U.S. on a K-4 visa cannot subsequently apply for permanent residence status based on his/her own marriage to a U.S. citizen.

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