Many people believe that having a child born in the United States automatically gives the parents legal immigration status. This is a common misunderstanding. While a child born in the United States is automatically a citizen, this does not provide immediate immigration benefits for the parents. In this post, we’ll explain what this really means for your immigration status and discuss the options you may have
What Is Birthright Citizenship?
Under the 14th Amendment to the U.S. Constitution, any child born on U.S. soil is automatically a U.S. citizen, regardless of the parent’s immigration status. This is known as birthright citizenship. However, this citizenship applies only to the child—not to the parents. The parents’ immigration status remains the same, whether they are undocumented, on a visa, or in the process of seeking legal status.
Can a U.S. Citizen Child Help Their Parents Get Legal Status?
While having a U.S. citizen child doesn’t provide automatic legal status to the parents, there are situations where it might help later on:
1. When the Child Turns 21
A U.S. citizen child can sponsor their parents for a green card, but only after turning 21. Even then, the process is not guaranteed, especially if the parents are undocumented or have immigration violations. Other factors like unlawful presence or past deportations can affect eligibility.
2. Special Circumstances (Cancellation of Removal)
In deportation proceedings, parents may qualify for a form of relief called cancellation of removal if they can prove that deportation would cause “exceptional and extremely unusual hardship” to their U.S. citizen child. This is a high standard and depends on the specific case.
3. Other Humanitarian Options
In rare cases, if the child faces abuse, neglect, or abandonment, parents may qualify for certain protections under immigration laws designed to protect vulnerable individuals.
What You Should Know
- No Immediate Benefits: Having a U.S. citizen child doesn’t change your current immigration status.
- Long Wait: Sponsorship is possible only after the child turns 21.
- Complex Process: Even with a U.S. citizen child, immigration processes can be complicated.
Common Myths About U.S. Citizen Children and Immigration
- Myth: “If my child is born in the U.S., I can stay legally.”
- Fact: Your child’s citizenship doesn’t grant you legal status. You could still face deportation if you are undocumented.
- Myth: “I’ll get a green card faster because my child is a U.S. citizen.”
- Fact: There’s no fast track. You must wait until your child is 21 to apply, and eligibility requirements still apply.
- Myth: “I can’t be deported if I have a U.S. citizen child.”
- Fact: Many parents of U.S. citizen children have been deported. Immigration laws do not protect parents from deportation based solely on their child’s citizenship.
What Should You Do If You’re Concerned About Your Status?
If you’re unsure about your immigration status or options:
- Consult an immigration attorney to understand your specific situation.
- Don’t rely on rumors or advice from non-experts. Immigration laws are complex, and each case is different.
Schedule a Consultation with an Immigration Lawyer
We Can Help!
You may have questions regarding a U.S. immigration matter. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.