Thursday, June 21st, 2018

AAO U Visa Age-Out Victory

"The beneficiary in this matter, who is the petitioner's daughter, was born January 30, 1985.  Thus, when the petitioner initially requested interim relief on or about November 22, 2002, the petitioner's daughter was 17 years old and unmarried.  When the petitioner was granted interim relief on November 24, 2003, the petitioner's daughter remained a child, as defined at section 101(b)(1) of the Act, as she was unmarried and under the of 21.  The petitioner was ultimately granted U-I nonimmigrant status as of October 23, 2003. Therefore, the petitioner's daughter is a qualifying family member under section 101(a)(15)(U)(ii)(II) of the Act, because she was under the age of 21 and unmarried when the petitioner filed for U nonimmigrant status.  Accordingly, we withdraw the director's decision to the contrary." – Matter of X-, Sept. 21, 2010