We further find that a fiancé(e) derivative child need not
qualify as the “stepchild” of the fiancé(e) petitioner but, rather, must only
show that he or she is the “child” of the alien fiancé(e) parent whom he or she
is accompanying or following to join.
The respondent was 19 years of age at the time he was admitted to the
United States. He therefore met the definition of a minor child of his alien
mother and satisfied the visa eligibility and availability requirements, subject
to the bona fide, timely marriage of his mother to the petitioner. In this case,
the marriage occurred, and there is no indication that it was not bona fide.
We conclude that the respondent has established prima facie eligibility for
adjustment of status under sections 245(a) and (d) of the Act. Accordingly,
his appeal will be sustained. Because we find that the respondent is entitled
to renew his application for adjustment of status before the Immigration Judge,
we will remand the record for further proceedings.
ORDER: The appeal is sustained.
FURTHER ORDER: The record is remanded to the Immigration Judge
for further proceedings consistent with the foregoing opinion and for the entry
of a new decision.
我感觉我们还是很有希望的。