My dad used worked in the farm and the owner of the farm helped my dad get a work permit that allowed him to travel in and out of the United States when ever he wanted. When we would go to the United States they never stamped our passport. He had a appointment to take the citizenship test and he was able to take it 2 times but he did not pass it. His work permit expired and ever since he has not been able to renew it. He has a SSN and good credit. My question is now that I am 21 am I able to petition for him so he can fix his papers?
If you apply for your father and he files for an I-485 adjustment of status application, you and he will have to try as best you can to convince USCIS that he entered the US legally. For adjustment of status purposes, an applicant must show that he or she has been inspected and admitted or paroled into the US or that he or she qualifies through §245(i) under which he or she must have been the beneficiary of a labor certification application or immigrant visa petition by April 30, 2001 and have been physically in the US on 12/21/20 (latest iteration of §245(i). Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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