With immigration laws constantly changing, it can be very difficult to understand what information is true and what information is false. For instance, undocumented parents of U.S. citizens may not fully understand what could happen to them if they face deportation proceedings. This can be a complex situation that takes into account your status in the U.S., the age of your children, and what immigration options you may qualify for. In this article, we will be discussing what will happen to undocumented parents of U.S. citizens and what your options are.
Are Undocumented Parents of U.S. Citizens Protected From Deportation?
The reality for undocumented parents is that having U.S. citizen children does not automatically shield them from the possibility of being deported. Although there are many types of family-based immigration laws in place to protect families, this doesn’t always apply to individuals who have come to the U.S. illegally and had U.S. children.
The good news is that U.S. immigration law does allow U.S. citizens to petition for their parents so that they can receive a green card. However, this is only possible when the child turns 21 and is able to meet the eligibility criteria for being a petitioner for an immigrant family member. So, unless your child is 21 years old or older, they will not be able to petition for you to get a green card to stay in the United States.
In a situation where your U.S. citizen children are not yet 21 years old, you will need to make other plans until you are able to apply for a green card. In most situations, if you face the risk of deportation, the best option is to simply bring your children with you to your home country until you can begin the process of legal immigration.
U.S. Citizen Children Who Are 21 or Older
If your child is 21 or older, as a U.S. citizen, they can petition for undocumented parents so that you can become a legal resident. Your child will also have to qualify as a financial sponsor to guarantee that you will not become the financial responsibility of the government if you get a green card.
Keep in mind that illegally entering the U.S. will create some complications, such as the parents not being able to stay in the United States during the completion of their green card application. During the adjustment of status process, they will need to go to a visa interview at the U.S. consulate. Individuals who entered the U.S. illegally and spent more than 180 days in the U.S. while over the age of 18 may even be barred from the U.S. for three or 10 years.
If you wish to have your U.S. citizen child petition for you, you need to hire an immigration attorney. An attorney will have extensive experience regarding the complexities of family-based immigration and can help you better understand your options. They will also help you with the petitioning process, ensuring the application is thorough with all of the required documentation to avoid delays.
Understanding Cancellation of Removal
Even if you are undocumented and are facing removal proceedings, there is an additional option you may be able to take advantage of. This is called cancellation of removal and applies to specific situations, including:
- Individuals who have lived in the U.S. for at least 10 years, establishing a continuous physical presence.
- Individuals who can show that removal from the U.S. would cause exceptional and extremely unusual hardship to U.S. citizens or lawful permanent resident relatives or other qualifying relative‘s.
- Individuals who can prove that they have not been convicted of specific crimes or violations.
- Individuals who have shown good moral character.
Whether or not you are approved for cancellation of removal will often be left up to the discretion of an immigration judge who has examined your case and the evidence you have presented. Based on their decision, the immigration judge can award lawful permanent U.S. residence.
If you believe that you may qualify for cancellation of removal, the first thing you need to do is consult with an immigration attorney. They will have experience in this area and can help you locate vital evidence to prove that you are eligible.
What Illegal Parents of U.S. Citizens Can Do
If you are facing deportation as undocumented parents of U.S. citizens, you may not know what to do next. If your children are not 21 years old or older and you don’t qualify for cancellation of removal, your options are significantly reduced. However, there are still some resources for undocumented parents that you should take into consideration, such as:
- Prosecutorial discretion: Prosecutorial discretion, also known as deferred action, is a government policy that allows ICE to drop cases against undocumented individuals in the U.S. at their discretion. ICE is typically more focused on high priority cases involving criminal activity or other threats, which is why they may show more lenience with cases involving family. If granted prosecutorial discretion, you could be sheltered from deportation proceedings for the present moment.
- Find a guardian: If there is no way for you to remain in the United States without the risk of deportation, you will need to find a solution for your U.S. citizen children. A standard option is to find a guardian in the United States to whom you can transfer your physical and legal custody rights. In most cases, this is a family member who is a lawful permanent resident or U.S. citizen.
Ultimately, many undocumented parents facing deportation choose to take their U.S. citizen children with them so that the family can stay together. However, if that is not a good option for your situation, there are other solutions you can try to take advantage of.
Hire an Immigration Attorney Today
Are you an undocumented parent of a U.S. citizen who wants to try to obtain legal status in the United States? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney. We will deal with the government, so you don’t have to.
