Overview
Having a child who is a U.S. citizen does not automatically grant the parents legal status, but it can provide a path to apply for a green card. There are a few main ways that having a U.S. citizen child can help a parent get a green card:
- Filing an I-130 petition for an immigrant visa under the family-based preference system
- Applying for cancellation of removal during immigration court proceedings
- Applying for a green card within the U.S. if you entered legally (adjustment of status)
The details of each process are covered in more depth later in this article. The short answer is yes, having a U.S. citizen child can provide a way for a parent to eventually obtain permanent resident status, but it does not provide any immediate or automatic immigration benefits on its own. Proper procedures must be followed and eligibility requirements met.
Paths to a Green Card Through a U.S. Citizen Child
Family-Based Immigrant Visa Petition
One of the main options for getting a green card through a U.S. citizen child is filing Form I-130, Petition for Alien Relative. This is the first step in the family-based immigration process that allows U.S. citizens and lawful permanent residents to sponsor certain family members to immigrate to the United States.
To qualify for an immigrant visa through this process, the sponsoring relative must be a U.S. citizen if sponsoring a parent. U.S. citizens who are 21 years of age or older can file a Form I-130 for their parents.
If approved, the parent can apply for an immigrant visa abroad through their country’s U.S. consulate. They can then enter the U.S. as a lawful permanent resident once their application is processed and a visa number is available per the priority date.
There are annual caps on how many immigrants can receive visas through each family-based category per country. This means wait times are often many years or even decades due to backlogs, especially for Mexican and Filipino nationals.
Cancellation of Removal
Parents who are in removal proceedings (deportation proceedings) may be able to apply for cancellation of removal as a defense if they have a U.S. citizen child.
To qualify for cancellation of removal, the applicant must prove:
- They have been physically present in the U.S. for 10 years
- They have been a person of good moral character during that time
- Their spouse, parent or child would suffer exceptional and extremely unusual hardship if they were deported
If approved for cancellation of removal, they will receive lawful permanent residence. However, the “exceptional and extremely unusual hardship” standard is difficult to meet.
Factors like lower quality of life, difficulty adjusting to a new country, and difficulty finding work generally do not qualify on their own. Severe medical issues or special needs may help meet the hardship standard.
Adjustment of Status
Parents who entered the U.S. legally can apply for a green card from within the United States through a process called adjustment of status if they meet certain conditions.
To qualify for adjustment as the parent of a U.S. citizen, the applicant must:
- Have a U.S. citizen child over 21 years old
- Have entered the country legally with a valid nonimmigrant visa
- Have maintained valid immigration status
- Not have certain inadmissibility issues
If approved for adjustment, the parent will be granted lawful permanent residence without having to return to their home country. However, depending on prior immigration violations or other issues, they may be found ineligible and have to go through consular processing.
Requirements and Eligibility Considerations
While having a U.S. citizen child can provide a green card pathway, parents must meet all eligibility criteria. Here are some key requirements and issues to consider:
Lawful Entry on a Valid Visa
For family-based immigration through consular processing, the applicant must have a valid visa to enter the U.S. after approval. For adjustment of status, they must have initially entered lawfully on a valid nonimmigrant visa.
Entering without inspection or overstaying a visa can bar eligibility, as can prior deportations or excess unlawful presence. Waivers may be available.
Admissibility
All green card applicants must be admissible to the United States. Issues like criminal history, immigration violations, health problems, and security concerns can cause inadmissibility.
Some grounds of inadmissibility can be waived for spouses and parents but not others. Fraud, misrepresentation, and previous removal orders are difficult to waive.
Financial Responsibility
If sponsoring a parent for an immigrant visa, the U.S. citizen child must meet income requirements and demonstrate they can financially support their parent.
A sufficient income level or having a joint sponsor is necessary to show the parent will not rely on public benefits. Affidavits of support are required.
Bars for Unlawful Presence
Parents who accrued unlawful presence of more than 180 days and then departed the U.S. face a 3-year bar on admissibility. Unlawful presence of 1 year or more triggers a 10-year bar. Waivers are available but difficult to obtain.
Permanent Bar for Residing Unlawfully
Parents who resided unlawfully in the U.S. for 1 year or more and then left are permanently inadmissible. Since there is no waiver, consular processing is not an option unless they have a 10-year visa.
How Long Does It Take to Get a Green Card Through a Child?
The timeframe for getting a green card through a U.S. citizen child can vary greatly depending on the method:
Family-based immigrant visa
– Can take 5-20+ years depending on visa backlogs
Cancellation of removal
– Depends on immigration court case timeline
Adjustment of status
– Around 12-36 months currently
So while having a U.S. citizen child provides a pathway, parents must wait many years if going through the family-based system. Adjustment of status and cancellation are faster options if eligible.
Consulting an immigration attorney is highly recommended to explore options based on your specific situation. Government processing times fluctuate and are unpredictable.
Does a Child Immediately Qualify Parents for a Green Card?
It is a common misconception that just having a child born in the United States immediately gives parents the ability to get a green card or lawful status.
However, this is not the case. Here are some key points:
- A child gaining U.S. citizenship at birth does not directly grant the parents any immigration status
- Parents remain in the same unlawful or nonimmigrant status they held before the child’s birth
- The child must be 21 years old before they can sponsor parents for green cards
- Parents must go through the long immigration process to get green cards
- The child’s citizenship only makes the parent eventually eligible to apply
So while having a U.S. citizen child provides an avenue for lawful permanent residency, immediate immigration benefits are not granted automatically. Parents cannot legally work or remain in the U.S. based on their child’s citizenship alone.
Can the Child Eventually Sponsor Their Parents?
Yes, once a child born in the U.S. reaches 21 years old, they can file petitions to sponsor their parents for immigrant visas.
This allows the parents to legally immigrate to the U.S. and receive green cards through the family-based system. The parents can then live and work in the U.S. permanently.
To summarize the general process:
- Child must turn 21 years old first to meet age requirements
- Child files I-130 petition with USCIS for parent after turning 21
- Parent completes visa application process through National Visa Center
- Parent attends immigrant visa interview when scheduled
- Parent enters U.S. with immigrant visa after approval
So in the long run, a U.S. citizen child does provide the ability for parents to immigrate here permanently. But the child cannot petition for the parents until they are 21 years old. There are also quotas that cause long wait times.
Risks of Having a U.S. Citizen Child
While there are benefits to having a U.S. citizen child in terms of potential future green card options, parents should also carefully consider the risks:
- Does not grant any immediate legal status
- Can be considered immigration fraud if using child just for status
- Causing a child with unlawful status can raise questions
- Logistically difficult being separated from child who stays in U.S.
- No guarantee child will want to sponsor parents later on
- Parent may get barred from re-entering for prior unlawful presence
In some cases, immigration officials may assume having a child in the U.S. was primarily intended to gain immigration benefits. This could raise issues of misrepresentation.
Parents in unlawful status who give birth also would need to choose between leaving their U.S. citizen child behind if they depart, or remaining separated while the child grows up in order to eventually get a green card. There are many difficult factors to weigh.
Conclusion
The answer is yes – having a child born in the United States can provide a pathway for parents to eventually obtain permanent resident status. However, the child’s citizenship does not grant any immediate immigration benefits before they turn 21.
Parents must qualify for and complete the long green card application process. This may involve waiting many years due to backlogs for family-based immigration. Proper procedures must be followed and all eligibility requirements met.
Unlawful status issues, bars for past immigration violations, and admissibility factors can potentially disqualify parents or complicate the process. Consulting with an immigration attorney is highly advisable before making decisions or future plans based on a U.S. citizen child.