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Alien entered U.S.A with I-94 Humanitarian Parol,found a business who will Sponsorship. What immigration forms I need to file

Memphis, TN |

I am an Alien who entered the U.S.A with an I-94 Humanitarian Parole 7 years ago.
I have a social security #, U.S. ID, and a valid Work authorization that expired after I.C.E ended my Parole and placed me in removal proceedings.
I filed for Prosecutorial Discretion (PD),and my case was administrativley closed.
I need to work to support my 7 years old son who was born in the USA and is an American Citizen(we the parents are Aliens) ,but I don't have a valid work authorization.
I found a business who will sponsor ship me.
What immigration forms we need to file?
Can I apply for Citizen ship since i have been residing in the U.S.A for a period of more than 5 years ,or i have to wait another 5 years to apply after being issued a green card?

I am a resident of Memphis,TN

Attorney Answers 3


You cannot just file for citizenship based on your being here for more than 5 years. Generally, for an alien to apply for citizenship, he must have been a green card holder for 5 years ( unless the application is based on marriage to a US citizen, in which case it's 3 years). Although your case was administratively closed due to a grant of PD, you did not state you have become a green card holder. If you are out of status then your employer will not be able to sponsor you for a work related visa unless you get out of the US and come back in. You shoud not leave without seeking advice from an attorney.

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Generally, in order to change to a nonimmigrant status or to adjust status someone has to be legally in the U.S. You entered under HP, but it is not clear what, if any, status you have now. You'd want to discuss all of this with an attorney. Generally, for citizenship, you need to be a lawful permanent resident for 5 years prior.

Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.

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The business the alien found should hire an experienced immigration attorney as soon as possible. These kinds of petitions cannot be handled by that alien.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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