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Thank you so mcuh for the information. What are the steps we need to do? How do we do the paperworks? My parents have no clue what documents need to file? Thats why its been delayed for 2 years. Please give me some insight. Thank you very much.

This was addressed by the BIA in 2011. K2's are eligible for adjustment of status as long as they entered the US with their K2 visa before they became 21 years old, and their K1 parent is eligible for adjustment of status based on the K1 (they married within 90 days).

The OP can adjust status but ONLY based on the K2. He cannot adjust status based on any new petition filed by his step-father because his mother married his step-father after he was 18. He cannot adjust status based on any new petition filed by his mother because she's not a US citizen. His mother must adjust status based on the K1 in order to secure his eligibility to adjust as a derivative.

Hello VJers,

Here is my situation PLEASE HELP

We came to US 2 years ago. I am now 22 years old and my borther is 21 years old. I have also 10 years old and 8 years old borther. Our visa was K2.

My mother and step father married within the 90 days rule. However, my parents did not apply for AOS or adjustment of status. They did not know what to do with the paperworks. Now we are out of status. We consulted lawyers but they said me and my borther are not eligible anymore because we are over 18. But I think they were wrong. My mother has not yet adjust her status because they do not know what to do. My 2 younger brothers are my step father kids. Can my step father petition them in states instead of adjusting their status? I know that me and my brother depends on the adjustment of status of my mother but are we still eligible? What do we do? What are the steps we need to do?

Please help me. Please give me information.

Thank you all so much.