按照移民局的備忘錄，K2 因沒有一個petition filed on his or her bahalf, 故兒童身份保護法不適用。如你在遞交I-485時，同時遞交I-130就可解決這個問題。但現在為時已晚。你可以在法庭上打官司說這個規定不合理，不人道，違犯平等保護，但因為這項法律是國會通過的，勝算的可能性不打。K2如何公民結婚，仍可調整身份。備忘錄如下：
Limited CSPA Coverage Option for K2 Aliens. An alien in K2 status does not have a visa petition filed on his or her behalf under section 204. Consequently, a K2 alien cannot utilize the CSPA when seeking to adjust status. Although not required, USCIS may accept a Form I-130 filed by the USC petitioner based on a parent-child relationship between the USC petitioner and the K2 alien (e.g. where the USC petitioner has married the K1 and K2 is not yet 18 years old). This will allow an alien who once was a K2 to adjust on the basis of a petition filed under section 204 of the Act and will allow him/her to utilize the CSPA when seeking to adjust status in some cases.
Exercising this option requires: (1) an existing parent-child relationship between the USC petitioner and the K2 alien, and (2) paying the requisite Memorandum for Field Leadership, et al. Subject: AFM Update: Chapter 21.2(e) The Child Status Protection Act of 2002 (CSPA) (AD07-04) Page 6 www.uscis.gov
fees associated with Forms I-130 and I-485, Application To Register Permanent Residence or Adjust Status. This guidance does not create a petitionable relationship for K2s or K4s where none exists.
Limited CSPA Coverage Option for K2 Aliens. An alien in K2 status does not have a visa petition filed on his or her behalf under section 204. Consequently, a K2 alien cannot utilize the CSPA when seeking to adjust status. Although not required, USCIS may accept a Form I-130 filed by the USC petitioner based on a parent-child relationship between the USC petitioner and the K2 alien (e.g. where the USC petitioner has married the K1 and K2 is not yet 18 years old). This will allow an alien who once was a K2 to adjust on the basis of a petition filed under section 204 of the Act and will allow him/her to utilize the CSPA when seeking to adjust status in some cases.
Exercising this option requires: (1) an existing parent-child relationship between the USC petitioner and the K2 alien, and (2) paying the requisite Memorandum for Field Leadership, et al. Subject: AFM Update: Chapter 21.2(e) The Child Status Protection Act of 2002 (CSPA) (AD07-04) Page 6 www.uscis.gov
fees associated with Forms I-130 and I-485, Application To Register Permanent Residence or Adjust Status. This guidance does not create a petitionable relationship for K2s or K4s where none exists.
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