Still

MEMORANDUM **

Fan Jiang (“Fan”) appeals from a grant of summary judgment rejecting her claim for a declaratory judgment, holding that she is entitled to adjust her immigration status to that of a lawful permanent resident (“LPR”), despite having filed her application for adjustment after she turned 21. Fan’s application was based on her mother’s marriage to a United States citizen (“USC”). Fan’s mother, Fengli Jiang (“Fengli”), was the beneficiary of a K-l visa petition filed by a USC named David Washington (“David”). The K-l visa allowed Fengli to come to the United States to marry David. Jiang applied for and received a K-2 visa, which entitled her to accompany her mother to the United States for her mother’s marriage. This visa petition was approved shortly before Fan’s 21st birthday.

Fan and Fengli arrived in the United States one day before Fan’s 21st birthday. Fengli then married David within the time period required by law, but after Fan’s 21st birthday. After Fengli’s marriage, Fengli and Fan applied to adjust their status from non-immigrants with K visas to LPRs. Fengli’s petition was approved, but Fan’s was denied on the ground that she was over 21 years of age when…