United States Tenth Circuit

In a petition for review of the BIA's denial of petitioner's application for a conditional adjustment of status under 8 U.S.C. section 1255(d), the petition is granted where petitioner met the statutory requirement of being under twenty-one at the time he entered the U.S. A K-2 visa holder who timely applies for an adjustment of status under section 1255(d) must be under twenty-one when he or she seeks to enter the United States, not when his or her subsequent application for adjustment of status is finally adjudicated.

Appellate Information

• Decided 01/13/2010
• Published 01/13/2010

Judges

• HENRY, Chief Judge., Before HENRY, Chief Judge, MURPHY and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Philip M. Alterman, Stern Elkind Curray & Alterman, Denver, CO, for Petitioner.


• For Appellees:
  
• James E. Grimes, Senior Litigation Counsel (Linda S. Wernery, with him on the brief), Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.