Many parents of U.S. citizen children have been deported, so it could happen to you as well. If the administration decides to deport you, it’s because you’re not able to get citizenship while in the U.S. If you have any questions or concerns about your immigration status, you should contact an immigration attorney immediately.
Table of Contents
Can a child of an immigrant be deported?
You can become a U.S. citizen through your children, but only if your children are at least 21 years old. If your children are younger than 21 and you are at risk of deportation, you cannot get relief from removal through the DREAM Act.
If you have a child who is a citizen of the United States, but who has not yet attained the age of 21 and is not eligible to apply for a green card, he or she may be eligible for deferred action under the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program.
Under this program, a parent of an American citizen or lawful permanent resident (LPR) may apply to the Department of Homeland Security for deferral of removal for up to five years. The parent must meet certain criteria, including that the child has lived with the parent for five or more years, has been enrolled in school, and has graduated from high school or received a GED.
In addition, the father or mother must have been in the country for less than 10 years and have not been convicted of a felony or a crime of moral turpitude.
How does immigration affect a child?
Immigration’s effects on youth include separation from family, exposure to traumatic events, discrimination, loss of social status, and changes in social and economic circumstances.
Can a child file for citizenship for a parent?
A u.s. citizen who is at least 21 years old can also petition for relatives. You have to provide evidence to prove your relationship to the person for whom the petition is being filed. If you do not have a relationship with the petitioner, the court will not consider your request. • Grandparents.
A grandparent is a person who has lived with you for a period of time and is related to you by blood, marriage, adoption, or some other form of legal relationship. You may petition a court to have your grandparents removed from the United States if they have been convicted of a crime involving moral turpitude, such as murder, manslaughter, rape, child molestation, sexual assault, and other serious crimes.
The court may order the removal of the grandparents if it finds that they pose a threat to national security or public safety. Your petition will be heard by a federal district court judge within 30 days after you file it, unless you request a hearing before a different judge. In that case, it may take up to 60 days to hear your case.
How can undocumented parents be legalized?
To start the process, you’ll need to fill out form i-130, also called petition for alien relative, which is a form issued by u.s. citizenship and immigration services. The purpose of the petition is to show your status as a U.S. citizen and the relationship you have with your child. You’ll also need a copy of your birth certificate.
You can also get one from your state’s Department of Health and Human Services, or from a state agency that issues birth certificates, such as the Social Security Administration (SSA) or the Veterans Affairs Department (VA). You may also be able to get a certified copy from an immigration attorney, if you’re not sure how to obtain one.
Can marrying a U.S. citizen stop deportation?
Getting married does not stop deportation. If you want to change your status with the Immigration Judge, you need to prove your marriage. If you become a permanent resident after your adjustment of status is granted, your deportation proceedings will be over at the time the marriage is finalized.
Can you get a passport if your parents are illegal?
The child of a non-U.S. citizen parent may have a passport from both the U.S. and the country of their birth. If a child is born in the United States to a parent who is a citizen of another country, the child may be eligible to apply for citizenship at any time after the parent’s naturalization.
The child must be at least 18 years of age at the time the application is filed, and must have been born within the last five years to an American citizen mother and a foreign citizen father.
