Having a child while in the United States can potentially provide a pathway to legal permanent residency, but the eligibility requirements are complex and vary based on individual circumstances. In some cases, having a US citizen child does allow an undocumented immigrant parent to remain in the country legally. However, this is not guaranteed and having a child should not be viewed solely as a tactic to gain immigration status.
Quick Answers
– Having a US citizen child does not automatically grant legal status to undocumented immigrant parents. However, it opens up potential pathways to apply for legal status.
– The main options for gaining legal status through a US citizen child are:
- Applying for a green card through your child once they turn 21 (long wait time)
- Applying for cancellation of removal/suspension of deportation (difficult to obtain)
- Applying for a U visa if you were the victim of a crime (specific requirements)
– Factors like how long you’ve lived in the US, immigration history, and criminal record impact eligibility.
– Consulting with an immigration attorney is highly recommended to understand your options.
– Do not have a child solely for immigration purposes, as there are no guarantees of obtaining legal status.
Pathways to Legal Status Through a US Citizen Child
There are a few potential options for gaining legal immigration status through a US citizen child. However, none of these pathways lead to automatic legal status, and most are difficult to obtain. The main options are:
Petition for a Green Card When Child Turns 21
Once a child born in the United States turns 21 years old, they can petition for their undocumented parent to obtain a green card. This option allows the parent to legally live and work in the US permanently. However, the process involves a long wait due to visa backlogs. Depending on the visa category, the parent may have to wait up to 20+ years for a green card to become available after the petition is filed.
Cancellation of Removal/Suspension of Deportation
Undocumented immigrants who are in deportation proceedings may be eligible to apply for cancellation of removal or suspension of deportation if they have a US citizen spouse, parent, or child. This application stops your deportation and grants you lawful permanent residency. However, the eligibility requirements are strict and include:
- At least 10 years of continuous physical presence in the US
- Good moral character
- No disqualifying criminal history
- Exceptional and extremely unusual hardship to qualifying relative if deported
Since only 4,000 cancellations of removal are granted per year, they are very difficult to obtain. Having a US citizen child alone does not guarantee approval.
U Visa for Crime Victims
Undocumented immigrants who are victims of certain crimes and cooperate with law enforcement may qualify for a U visa. This grants 4 years of temporary legal status and work authorization, with the potential to later adjust status to a green card. If the immigrant has a US citizen child, they may qualify for this visa if:
- They were the victim of domestic violence, sexual assault, trafficking or other designated crime
- They suffered substantial mental/physical abuse from the crime
- They cooperated with police in the investigation
However, U visas have an annual cap of only 10,000 available per year. They can also take years to process due to visa backlogs.
Other Factors Impacting Eligibility for Legal Status
Aside from having a US citizen child, there are other important factors that determine if an undocumented immigrant may qualify for legal status. These include:
Length of Residence in the US
Many pathways require at least 10 years of continuous residence in the US to qualify. Shorter periods of residence may disqualify immigrants from applying for legal status through their child.
Immigration History
Prior orders of removal/deportation, returning to the US illegally after deportation, or lengthy periods spent abroad can bar eligibility for legal status. Consulting an attorney about your specific immigration history is important.
Criminal History
Any criminal history can affect eligibility for legal status. Even minor crimes may be considered “bars” that prevent approval. Undocumented immigrants must demonstrate good moral character to qualify.
Marital Status and Circumstances
If the US citizen child’s other parent is undocumented, or you are unmarried, it can complicate the petition process. Being married to the child’s US citizen parent provides a simpler pathway in some cases.
Risks and Downsides of Having a Child for Immigration Purposes
While having a US citizen child may open doors, immigrants should think carefully before making the decision to have a child mainly for immigration reasons. Key downsides include:
- No guarantee of getting legal status – Having a child in itself does not grant any legal right to stay in the US
- Long wait times – Children must be 21 before they can petition for their parent’s green card, involving many years of waiting
- High legal costs – Applying for legal status involves legal fees totaling thousands of dollars over many years
- Stress and uncertainty – The application process causes significant stress and uncertainty for families
- Risk of detection – Getting prenatal care and hospital delivery creates contacts with authorities that raise the risk of deportation
Additionally, having a child solely to gain legal status raises ethical concerns. It is best to make major life decisions like parenthood for the right reasons. Anyone exploring this option should research extensively and consult with a qualified immigration attorney beforehand.
Conclusion
Gaining legal immigration status through a US citizen child is possible but complex. While eligible pathways exist, having a child is never a guarantee of legal status. Factors like length of US residence, immigration violations, and criminal history all impact eligibility. Additionally, options like cancellation of removal and U visas are difficult to obtain. Anyone considering this should understand the risks, ethical concerns, and alternatives. Thoroughly consulting with an immigration attorney is highly recommended before making decisions.