For many immigrants in the United States, obtaining legal status can be a complex and challenging journey. One common question that arises is, “Why can’t I get my papers based on my kids?” Many immigrant parents wonder whether they can obtain legal status through child birthright citizenship, but the reality is more complex. While having U.S.-born children can provide certain benefits, it does not automatically guarantee legal status for their parents. Here’s why:
Legal Status Through Child Birthright Citizenship: Understanding the Legal Framework
According to U.S. immigration law, even though a child born in the U.S. is automatically granted citizenship, their parents do not automatically receive any immigration benefits. Parents seeking legal status through child birthright citizenship must wait until the child is at least 21 years old to file a petition on their behalf. Even then, issues like unlawful presence or Entry Without Inspection (EWI) can complicate the process, making it vital for parents to seek legal guidance early on.
- Age and Sponsorship: A U.S.-born child must be at least 21 years old to petition for their parents to obtain a green card, and until then, the parents cannot adjust their status based solely on their child’s citizenship.
- Unlawful Presence: If a person has been unlawfully present in the U.S. for more than 180 days but less than one year, they face a three-year bar from re-entering the U.S. This bar extends to ten years if the unlawful presence exceeds one year. Waivers are available but hard to obtain.
- Entry Without Inspection (EWI): Parents who entered the U.S. without inspection are generally ineligible to adjust their status to permanent resident while in the U.S., even if they have a child who is a U.S. citizen and is old enough to petition for them. They would typically need to leave the U.S. and apply for a visa at a consulate abroad, potentially triggering the bars mentioned above.
Exceptions and Possible Remedies
- Deferred Action for Childhood Arrivals (DACA): While DACA does not provide a direct path to permanent residency or citizenship, it does offer temporary relief from deportation and work authorization for eligible individuals who came to the U.S. as children. Although this doesn’t help parents directly, it can provide temporary stability for families.
- U Visa: If a parent is a victim of certain crimes and is helpful in the investigation or prosecution of the crime, they may be eligible for a U Visa, which can eventually lead to a green card.
- VAWA (Violence Against Women Act): If a parent is a victim of abuse by a U.S. citizen or lawful permanent resident spouse or parent, they may be eligible to self-petition for legal status under VAWA, providing a pathway to obtaining a green card without the abuser’s knowledge or consent. To learn more about the eligibility criteria and process, check out our detailed guide on How to Qualify for VAWA: A Lifeline for Immigrant Survivors. This resource provides crucial insights for those seeking protection and independence through VAWA.
Seeking Legal Guidance
Given the complexities of immigration law, it’s crucial for immigrant parents seeking legal status through child birthright citizenship to consult with an experienced immigration attorney. An attorney can evaluate individual circumstances, explore possible remedies, and guide families through the legal process.
Conclusion
Navigating the process of seeking legal status through child birthright citizenship is challenging, and understanding the complexities is essential for immigrant parents. While having U.S.-born children provides certain advantages and can be part of a longer-term strategy for obtaining legal status, it does not offer an immediate or guaranteed pathway to legal residency for parents. Understanding the legal framework and exploring all available options with professional legal assistance is essential for navigating this complex process. If you have questions or need guidance on your immigration case, our legal team is here to help. Call us at 630-504-0648 to book a consultation, or click here to schedule an appointment today.
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