Recently, we’ve received an increasing number of questions from immigrant parents wondering if their U.S. citizen (USC) child can help them gain lawful status when they turn 21. While an adult child can help parents achieve lawful status, it is often not as straightforward as one might think. In this blog, we discuss the different pathways available to parents with citizen children and what hurdles they may face.
If you would like to read our previous blog on this topic, you can do so here.
The Truth About Petitioning for Parents
It’s true that once a child turns 21, they can begin a petition for their parent. The first step in this process is filing a Form I-130, Petition for Alien Relative. However, the I-130 only proves the parent-child relationship to immigration authorities. The I-130 petition does not grant lawful status, prevent deportation, or guarantee that the parent can stay in the U.S.
Getting a green card is an extra process that can be done after the I-130 is approved. However, whether your parent can become a lawful permanent resident (LPR) actually depends on several factors, such as their immigration and criminal history. Unfortunately, parents might realize that even with an approved I-130 through their child, they cannot become LPRs because of legal barriers. This is, of course, not the news most parents want to hear.
Parents Eligible for Permanent Residence
However, there are still cases where a parent can successfully adjust their status through their child. These cases are usually if the parent entered the U.S. lawfully, like on a visa or with parole, and either kept their status or only overstayed. In most cases, parents are even allowed to stay in the U.S. with their loved ones while they wait for their green cards.
If the parent entered the U.S. lawfully and has stayed in status, they may be able to apply for adjustment of status without leaving the country.
If the parent overstayed their visa but entered lawfully, they may still be able to apply for adjustment of status. This is because immediate relatives of U.S. citizens (such as a spouse, parent, or child) have certain legal protections that other immigrants do not.
In these cases, the process can be relatively simple, and the parent should be able to do the entire green card process while staying in the U.S.
Parents Not Eligible for Permanent Residence
For parents who entered the U.S. unlawfully or have other immigration complications, the process becomes more difficult. Below are common scenarios where a U.S. citizen child does not automatically help resolve the parent’s immigration issues.
Unlawful Entry
If a parent crossed the U.S. border unlawfully (also known as entry without inspection), they usually cannot apply for a green card while in the U.S. Instead, they have to leave the country and apply for an immigrant visa from their home country.
The issue is that the departure can trigger a ten-year bar, meaning they cannot return to the U.S. for ten years because of their unlawful presence. To re-enter sooner, they would need an I-601A waiver, which requires proving extreme hardship to a USC or LPR spouse or parent, not a USC child.
Multiple Unlawful Entries
If a parent entered the U.S. unlawfully multiple times, they could be permanently barred, meaning they could never obtain legal status. In these cases, leaving the U.S. for an immigrant visa application is risky and may not be possible at all.
Previous Immigration Violations or Criminal Issues
Some parents may have prior deportation orders, fraudulent immigration applications, or criminal convictions that make them inadmissible. Even with a USC child, these issues may mean that they cannot ever become a LPR. Sometimes, they can apply for specific waivers, but these are difficult to obtain.
How to Plan Ahead and Secure Your Status
The most important thing to remember is that the sooner you start, the sooner you know your options. Many may think that they just have to wait until their child turns 21, and then they are all set. However, unfortunately, waiting can sometimes make things worse. In the time that you are waiting for your child to grow up, you may be accruing unlawful status, be at higher risk for deportation, or even miss out on other options that could help you gain status, such as applying for asylum or U status.
In these cases, the best thing to do is to talk with an immigration attorney as soon as possible. They can help you understand your options and may even find other immigration pathways that are better than waiting for your child to turn 21.
If you are wondering about your immigration status and whether your child’s petition can help you, Hope Immigration is here to help. We provide clear, accurate legal advice tailored to your unique situation. The sooner you understand your options, the better you can plan for the future.