We get this question a lot. For example: I have a two year old child or a five year old child, a US citizen. What can be done for me, since I have this child?
1. If you’re a parent of a US citizen child, the first way that that child can help you is if that child is at least 21 years old and a US citizen that child could obviously file for you for a green card. If you’re here in the United States, you would go through a process known as adjustment of status so that you could get your green card right here in the United States. However, if you had entered without inspection or you cannot prove lawful admission or inspection, or you’re outside of the United States, you will go through a consular process abroad, at a us embassy where you’re gonna be interviewed for the immigrant visa, and then you’ll come into the United States.
2. The second way that they could help you is if you’re in removal, proceedings, deportation proceedings, you can apply for cancellation of removal if you’re eligible for it. Cancellation of removal is very complex. I would highly recommend that you have professional, legal help with this. If you’re in removal, it’s not available to everyone in removal. OnlycCertain people are eligible for this, but if you’re eligible for cancellation of removal, a child who is under 21, an unmarried US citizen or green card holder child can help you, if you could show the judge some very strong sympathetic factors related to that child and why you need to be here in the United States for the sake of this child.
3. The third way that a child could help you if you’re in removal is by being considered for a waiver for fraud or misrepresentation. If you have been charged with fraud or misrepresentation related to you immigrant visa, your admission into the United States, or even your green card, you could ask for this waiver in court and the judge can consider it if you have a US citizen child of any age.
This waiver is different from another form of waiver that you guys may have heard me talk about before, which is the I-601 waiver to waive inadmissibility problems like fraud or misrepresentation. That waiver goes to USCIS. You cannot use a child for that. You could only use a spouse or a parent who is a US citizen or a green card holder. Understand that there is a big difference here between those two types of waivers.
4. Fourthly, a child can help you go through an immigration humanitarian process known as humanitarian parole. This is for those who are outside of America as well as those inside of America who have some strong humanitarian reasons why they should have a temporary lawful status here in the United States. Perhaps, because of this child and some of the things that this child is going through, medically speaking or otherwise, you could use the child as a factor in your argument for why you should be allowed to get this humanitarian parole.
5. The fifth way is similar to that but the procedures are different, but it’s known as medical deferred action. AFor this one, you know, you’ve gotta have some serious medical condition going on with a child, maybe down syndrome, autism, or other serious serious conditions. You’re asking that ICE | U.S. Immigration and Customs Enforcement does not take any action to remove you from the United States during this two-year period during which you’ve been granted this status. NOTE: this status does not lead to a green card and it is very temporary. However, you can apply for another one at the end of the two year period, but know that it also comes with an EAD, which is a major benefit, because you can get a work permit.
6. The sixth way that a child could help you is if you had gone through the removal process and the judge issued a removal order against you. Maybe you had appealed the decision and it was denied. Now you’re desperate because you have basically exhausted pretty much all of your remedies. You could apply for a stay of remova to either the board of immigration appeals, federal court, or even to ICE. Through a child, you could argue that you have a US citizen child, and that could be considered as one of the factors to grant you stay of removal. If you are granted stay of removal, you can you would be eligible for a work permit as well.
7.Having a US citizen child can help a parent who has been temporarily detained by ICE. For example, if ICE shows up at your house, arrests you, detain you that day, bring you down to their office. The fact that you’re the only guardian for this child or children, ICE can release these parents. ICE has allowed parents to get out of detention faster and get to stay here longer.
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Learn more on our blog about this topic: What is the process of legalizing through US citizen kids?
Shepelsky Law Group