Can Having U.S. Citizen Children Help Me Fight Deportation?

If you are facing removal proceedings and you have U.S. citizen children, you are likely worried about what deportation would mean for them. As citizens, your children are American. Their home, school, and future are here. Can their citizenship help you stay with them?

The short answer is that having children who are U.S. citizens can help your case, though it is not a guaranteed shield against removal. At Kriezelman Burton & Associates, LLC, our removal defense attorneys have spent decades fighting for families across Chicago and the country. Here, we explain how citizen children can factor into a deportation case and what other defenses may apply to you.

How Can U.S. Citizen Children Help in a Deportation Case?

Your family ties matter in immigration court. Here is a quick summary of what citizen children can and cannot do:

• They can support a cancellation of removal claim. Citizen children are “qualifying relatives” whose hardship a judge may consider.
• They can show strong community and family ties. Judges weigh your roots in the United States during removal proceedings.
• They do not automatically stop deportation. Having a citizen child is one factor, not a complete defense.
• They cannot petition for you until age 21. A citizen child must be at least 21 to be able to sponsor a parent for a green card.

Why Hardship to Your Children Matters

One common defense for parents is cancellation of removal. To qualify, you generally must prove all of the following:

• You have lived in the United States continuously for at least 10 years.
• You have shown good moral character during that time.
• Your removal would result in “exceptional and extremely unusual hardship” to a qualifying relative, such as a U.S. citizen spouse or child.

Note that the hardship standard is high and can be hard to meet. A judge will look at factors like your child’s medical needs, education, and what life would be like for them if you were deported. Strong, well-documented evidence makes a real difference here.

Other Possible Defenses to Deportation

Citizen children are just one part of your case. Depending on your situation, other defenses may apply:

• Asylum: Protection for those who fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group.
• Adjustment of status: A path to a green card if another qualifying relative (if your children are under 21) or an employer sponsors you and you meet eligibility rules.
• Waivers of inadmissibility: Exceptions that can excuse certain grounds that would otherwise bar you from staying.
• Challenging the case itself: Sometimes the government makes legal or procedural errors that an attorney can use in your favor.

Remember, Every Case Is Different

No two immigration cases are alike. The outcome of your case depends on many factors, including your immigration history, how long you have lived in the U.S., your criminal record if any, and the specific needs of your children. A defense that works for one family may not fit yours.

This reality shows why working with an experienced immigration attorney is so important. A legal professional can review your specific history, identify every defense available to you, and gather the evidence needed to present a strong case. With the right strategy, you can give your family the best chance to stay together.

Talk to a Chicago Removal Defense Attorney Today

Having U.S. citizen children can help your deportation defense, especially through a cancellation of removal claim based on hardship. Still, their citizenship alone is typically not enough to stop your removal, and the rules governing deportation are detailed. The right legal guidance can make all the difference for your family’s future.

At Kriezelman Burton & Associates, LLC, we have helped countless families protect their lives in the United States. If you or someone you love is facing deportation, contact us today to schedule a confidential consultation and start learning the options available to you.