Can My U.S. Citizen Child Help Me Stay in the Country?
Family-based immigration is one of the most common ways foreign nationals enter the United States. However, what if you are already in the country? Many people wonder if their family members, including their children, can help them remain in the U.S. Below, our Tampa immigration attorney outlines when your child may help you stay in the country.
Your Child is Over 21 Years of Age
To file a family-based petition for your green card, your child must wait until they are at least 21 years of age. The petition must include evidence, such as a birth certificate, to verify that you are related. After the petition is approved, immigration officials in the United States will interview you and review your immigration history and criminal record. Most commonly, these interviews take place outside of the United States.
If you are in the United States illegally, you should always speak to an immigration attorney before starting the legalization process. Cases involving unlawful presence are very complicated and an attorney can advise you of your options.
Your Child Suffers from a Serious Physical or Mental Condition
If your child suffers from a serious physical or mental condition, you may qualify for a green card. However, you must already be in deportation or removal proceedings with the immigration court. If you are not currently in removal proceedings, there are few options for surrendering to the court system because ICE officials have the discretion of placing you in the system. Surrendering also carries a great risk because if you are not successful with your case, you could be deported.
If you are already in removal proceedings, you may be eligible for Cancellation of Removal due to your child’s condition. The three requirements for Cancellation are as follows:
- You must have been present in the United States for a minimum of ten years before receiving notice to appear in immigration court.
- You must have a clean criminal record and prove that you are of good moral character.
- You must prove that your child is a United States citizen and would suffer ‘exceptional and extremely unusual hardship’ if you are required to leave the United States. This typically requires showing greater hardship than an average child would suffer. Immigration judges are more likely to grant lawful residence if there is a risk of death, or if treatment is not available in your home country.
Removal proceedings and Cancellation cases are complicated, so it is important to work with an experienced immigration lawyer.
Call Our Immigration Attorney in Tampa Today
Facing removal proceedings is very difficult. While you may have many options for remaining in the country, it is not always easy to determine what those are and the process is extremely complex. At Florida Law Advisers, P.A., our Tampa immigration attorney can help you through it and provide the legal advice that will give you the best chance of a successful outcome. Call us now at 1 (800) 990-7763 or chat with us online to schedule a consultation and to learn more about how we can help.
Source:
uscis.gov/green-card
