K-2 Visa as a child, now applying over 21 for green card

[TennisSoccer 9]

When I was a child, under 10 years old, I was brought to the United States with a K-2 Visa and have been here ever since (am now slightly older than 21). My K-1 visa mother married my stepfather during the 90 day period, but they never went through the application process for the green card for my mom or myself. They have not made any progress on my, or my mom's behalf, so I am taking things into my own hands as I would like to get my green card so I can finish school, gain employment and travel. I am hoping to be able to complete all required documentation with minimal involvement to get signatures, proof documents, etc. from my stepdad and mom.

From free consultations I have gotten a list of documents that I need to complete including I-485, I-765, I-131, I-864, etc. I am getting these completed and going to be talking with some free resources I have access through college that I attended for a period of time.

Just to help my anxiety, if I go through this process and get denied at the end, what are the chances I get sent back to my mothers home country that I have very little relation to.

 

Any tips and advice, as I wasn't able to find any similar posts to this situation, would be helpful. I think this is similar to the Matter of Le case from 2011.

 

Thank you.

Edited May 15, 2022 by TennisSoccer
Clarifying

[aaron2020 11,651]

Dude.  So sorry.

 

You are a derivative on your mother's case.  She has to file to adjust in order for you to file to adjust.  Furthermore, your stepdad must be your sponsor.  You and your mom can only adjust based on the K-1/K-2.   

In Matter of Le, the mother and son both filed to adjust status.  The stepfather was the sponsor based on the K-1/K-2.

Edited May 15, 2022 by aaron2020

[powerpuff 6,697]

Is your mom and your stepdad still together? Is there any chance you can convince them to submit the application? Maybe you can tell them you’ll help prepare everything?
 

I’m afraid it is your only way as K1/K2 visa is very strict in that they can only adjust through their original petitioner.

[arken 4,197]

9 hours ago, TennisSoccer said:

From free consultations I have gotten a list of documents that I need to complete including I-485, I-765, I-131, I-864, etc. I am getting these completed

As said, don't waste money and time on those. You don't have a basis to file for AOS. I864 should be the copy of the i864 submitted by your stepdad for your mother for her AOS with you included as the household member. It will be a direct denial if not initially rejected. A GC for K2 visa holder can't be approved unless K1 visa holder is approved for the same. 
 

Once denied, it is very likely you'll get a NTA letter for immigration/removal proceeding. 

Edited May 15, 2022 by arken

[Redro 4,611]

1 hour ago, arken said:

As said, don't waste money and time on those. You don't have a basis to file for AOS. I864 should be the copy of the i864 submitted by your stepdad for your mother for her AOS with you included as the household member. It will be a direct denial if not initially rejected. A GC for K2 visa holder can't be approved unless K1 visa holder is approved for the same. 
 

Once denied, it is very likely you'll get a NTA letter for immigration/removal proceeding. 

Is OP also not in trouble because they are over 21?

They have accrued unlawful presence after 18.5 years unless they applied for DACA?

Not sure if overstay is forgiven for someone over 21 who entered on a K2.... 

[Family 3,988]

You need to prepare I-485 packet for both you and your mother, ASAP, at it is the only recourse for both of you. The decade long delay  by your stepfather to file the adjustment for both of you is usually a tactic in some controlling/ abusive relationships or perhaps there are some minor criminal issues people are afraid of. 

If you want help specific to your family dynamics, please share some relevant facts: is mom living w stepfather? do you have a relationship with either mom or stepfather? What did stepfather tell you directly when you asked about getting your green card / legal status? 
 

Assuming mom and stepfather still married, then prepare for mom : I-485/I-765/I-131/I-864 W ( mom may qualify and enter into the system fully vested , if your stepfather has worked and reported SS earnings during the past 10 years) Just get a printout of his Social Security Earnings Statement ( PEBES). 
 

For you, you will need to prepare I-485/I-765 /I-864 ( I don’t recommend advance parole). Yes you will need stepfather to sign I-864 but you can use Joint Sponsor. 
 

*** YOU must file the adjustment packets together ****and do it ASAP. 
 

Per BIA precedent decision , Matter of Le , K-2 can file adjustment after 21 ( but must adjust with or after K-1)
https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3719.pdf

 

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-fiancee-of-us-citizen

 

***I cannot see them applying ULP ( unlawful presence bar ) to an IR , but should there be any issues you will now have mom ( LPR) as a qualifying relative for any I-601 ( if). 
 

As @Mike Esuggested, DACA is currently open for initial filing and you could send that in BEFORE mailing adjustment packets.

 

I hope you can post the specifics of why mom never filed…
 

 

 

 

 

 

 

 

 

 

 

[Family 3,988]

2 hours ago, ROK2USA said:

DACA?

Oops! Credit goes to @ROK2USA, 

[Ontarkie 14,221]

~~Moved to AOS from K1/K3 P&P, from What Visa Do I Need. The OP has already entered on a K2 and is trying to get AOS started.~~

[Timona 4,207]

I don't think DACA is open, unless I'm missing something @ROK2USA @Family. Any links?

[Redro 4,611]

4 hours ago, Timona said:

I don't think DACA is open, unless I'm missing something @ROK2USA @Family. Any links?

I have no idea how DACA works... 

But a quick look at USCIS says:

You may request DACA if you:

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Had no lawful status on June 15, 2012, meaning that:
   • You never had a lawful immigration status on or before June 15, 2012, or
   • Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

OP has not stated when they arrived to the US. If before June 15, 2012 (and they were out of status on that date) I think they can apply for DACA. IF after June 15, 2012... I think DACA isn't open to them?

I did a quick goog and found the answer on the USCIS website.

But, from the links shared above I think DACA isn't necessary if OP can just get the parents to adjust status.... 

[Timona 4,207]

1 hour ago, ROK2USA said:

I have no idea how DACA works... 

But a quick look at USCIS says:

You may request DACA if you:

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Had no lawful status on June 15, 2012, meaning that:
   • You never had a lawful immigration status on or before June 15, 2012, or
   • Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

OP has not stated when they arrived to the US. If before June 15, 2012 (and they were out of status on that date) I think they can apply for DACA. IF after June 15, 2012... I think DACA isn't open to them?

I did a quick goog and found the answer on the USCIS website.

But, from the links shared above I think DACA isn't necessary if OP can just get the parents to adjust status.... 

 

I know it was stopped last year July.. only renewals are being allowed

[Family 3,988]

Trump tried to take away all  DACA , but managed to take away initial filings only. Daca came back Dec 2020 both for initial and renewal but Texas blocked  initial filings July 2021. ..(it’s not over).. so USCIS is accepting initial DACA ( but not doing anything with them yet) and just going about its business w renewals ( cause fight’s not over) 

AND the good part is that they are allowing advance parole ( again ) .

@Timona

But OP posted on a different thread and has obtained legal advice ( along with his own reading/ research) that convinces him he can apply for I-485  ( K-2) without his mom ( K-1) and that stepfather will sign his I-864…. 
He is reluctant to and has not answered WHY mom won’t apply for I-485 or even why he would want her to stay without status. I can only guess that mom has some sort of inadmissibility ( criminal) and he may feel shy, especially given VJ Vigilante Moral Squad that always fires up when inadmissibility issues arise. 

 

[Redro 4,611]

9 minutes ago, Family said:

Trump tried to take away all  DACA , but managed to take away initial filings only. Daca came back Dec 2020 both for initial and renewal but Texas blocked  initial filings July 2021. ..(it’s not over).. so USCIS is accepting initial DACA ( but not doing anything with them yet) and just going about its business w renewals ( cause fight’s not over) 

AND the good part is that they are allowing advance parole ( again ) .

@Timona

But OP posted on a different thread and has obtained legal advice ( along with his own reading/ research) that convinces him he can apply for I-485  ( K-2) without his mom ( K-1) and that stepfather will sign his I-864…. 
He is reluctant to and has not answered WHY mom won’t apply for I-485 or even why he would want her to stay without status. I can only guess that mom has some sort of inadmissibility ( criminal) and he may feel shy, especially given VJ Vigilante Moral Squad that always fires up when inadmissibility issues arise. 

 

LOL @Family the good netizens of VJ only want to uphold a strong moral fibre type core... only allowing those who are lily white to be allowed to reside in the great USA. 

You know the only "correct" way to the US is to be petitioned by a family member for consular processing while the USC has been with them for fifteen million years even though they've never abandoned US residency and earn 7 figures... 

[Boiler 45,486]

If there is an issue with Mother it would need to be serious for it not to be able to be waived.

 

And if she has Felonies then she would most likely be in deportation. A Biden focus.

 

More likely some weird family dynamics, my recollection is that they both can adjust but not having seen one like this for a very long time I would need to check a few things and I have a feeling the OP will not be back.

 

 

[Redro 4,611]

5 minutes ago, Boiler said:

If there is an issue with Mother it would need to be serious for it not to be able to be waived.

 

And if she has Felonies then she would most likely be in deportation. A Biden focus.

 

More likely some weird family dynamics, my recollection is that they both can adjust but not having seen one like this for a very long time I would need to check a few things and I have a feeling the OP will not be back.

 

 

OP will be back again as a "friend asking for a friend".... but not giving specifics or answering questions... 

Would he be able to adjust via immigration relief for an abused child or VAWA or is it too late for him?

 

Edited May 23, 2022 by ROK2USA