Feb 7 2005

USCIS Amends Age-Out rule for V Visa Applicants

In October of last year, the USCIS invalidated the age-out provisions of the V visa in the case of Akhtar vs. Burzynski. While this provision would only apply to cases adjudicated at the Ninth Circuit, USCIS decided to apply the decision nationwide. While a regulatory solution is pending, effective immediately are provisions that state if a V-2 or V-3 visa applicant was denied approval based solely on the fact that they turned 21, said applicant will have their application approved. This applies also to extensions of stay for V-2 and V-3 visas.