Facing deportation when your children are legal citizens can be daunting. However, undocumented parents have several legal options to remain in the U.S. when they have U.S. citizen children.
Deferred action for parents of Americans (DAPA)
Although DAPA was never implemented, it highlighted the idea that parents of U.S. citizens might receive special consideration. Parents should consult legal advisors to explore whether similar forms of deferred action apply to their case.
Cancellation of removal
Parents who have lived in the U.S. for at least ten years, who have demonstrated good moral character, and whose removal would cause “exceptional and extremely unusual hardship” to their U.S. citizen child can apply for cancellation of removal. This can lead to a green card if granted.
Adjustment of status through family-based petitions
If an undocumented parent is married to a U.S. citizen or has an adult U.S. citizen child, they can adjust their status to become a lawful permanent resident. This path requires the parent to have entered the U.S. legally.
Temporary protected status (TPS)
In some cases, parents qualify for TPS if their home country experiences conditions such as war or natural disaster. While this does not provide a path to citizenship, it allows the parent to stay in the U.S. temporarily.
Prosecutorial discretion
In certain situations, immigration authorities decide not to pursue deportation proceedings against an undocumented parent. This is not a formal legal status but prevents removal for some time.
What families need to know
Undocumented parents facing deportation must consider complex legal options. Each family’s situation requires careful evaluation to determine which path fits best.
