k2 Infraction

[FREYA2003]

My son Mattias obtained a k2 visa in his Chilean passport together with his mother k1, that happened when Mathias was 18 years old October 2022 and he was admitted with a k2 visa that is (he arrived in the USA on December 1 after the wedding), He did not adjust status and left the USA a month after the wedding due to misinformation and studies in his country of origin.

He currently returned to the USA on June 20, 2023, but he was admitted with an ESTA travel permit and with a passport from another country, (Kevin has two Chilean-Portugal nationalities)
positive factors
A. Petitioner I 129F and k1 are married and their marriage was celebrated within 90 days.
B. The k1 filed form I485 in May 2023 and is in the adjustment process.
C. The son Matthias K2 has a clean record, he has not violated the law in any instance, he has no serious or minor crimes.
D. The petitioner of the I 129 F is a veteran of the war (I don't know if he is a factor that he can help)
E. When he arrived with the ESTA he had no intention of staying because we have been badly advised from the beginning.

Questions.

1. You can adjust status with the I 485 through the K2 even if you have committed the infraction of leaving without adjusting status. And return with the travel permit.
2. A pardon can be requested for the infraction of not maintaining status and having left. It is a fact that it is not his fault, were we really all misinformed?
3. What would be the solution.

[Mike E]

1. You can adjust status with the I 485 through the K2 even if you have committed the infraction of leaving without adjusting status. And return with the travel permit.
2. A pardon can be requested for the infraction of not maintaining status and having left. It is a fact that it is not his fault, were we really all misinformed?
3. What would be the solution.

1. No
2. No
3.
* His parent and step parent were married after he reached age 18. His step parent cannot petition for his green card.
* His parent does not have green card. So the son cannot file I-130.
* The son cannot wait for the parent to get a green card, because:
- over stays for the F2A category are not forgiven
- an I-485 cannot be filed on an ESTA for the F2A category

Thus the son will have to leave the U.S. before his I-94 authorized stay expires.

When the parent gets a green card, I-130 can be filed. As F2A current has a 9 year wait, it is likely the son will age out, and drop to F2B which is a longer wait.