{"id":12331,"date":"2026-07-28T13:33:00","date_gmt":"2026-07-28T18:33:00","guid":{"rendered":"https:\/\/krilaw.com\/?p=12331"},"modified":"2026-07-28T16:14:15","modified_gmt":"2026-07-28T21:14:15","slug":"can-having-u-s-citizen-children-help-me-fight-deportation","status":"publish","type":"post","link":"https:\/\/krilaw.com\/es\/can-having-u-s-citizen-children-help-me-fight-deportation\/","title":{"rendered":"Can Having U.S. Citizen Children Help Me Fight Deportation?"},"content":{"rendered":"<p><span style=\"font-weight: 400\">If you are facing <a href=\"https:\/\/krilaw.com\/what-are-removal-proceedings\/\">removal proceedings<\/a> 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?<\/span><\/p>\n<p><span style=\"font-weight: 400\">The short answer is that having children who are U.S. citizens<\/span><a href=\"https:\/\/krilaw.com\/deportation-defense-strategies-how-to-protect-your-right-to-stay-in-the-united-states\/\"> <span style=\"font-weight: 400\">can help your case<\/span><\/a><span style=\"font-weight: 400\">, though it is not a guaranteed shield against removal. At Kriezelman Burton &amp; 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.<\/span><\/p>\n<h2>How Can U.S. Citizen Children Help in a Deportation Case?<\/h2>\n<p><span style=\"font-weight: 400\">Your family ties matter in immigration court. Here is a quick summary of what citizen children can and cannot do:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400\"><b>They can support a <a href=\"https:\/\/krilaw.com\/how-can-removal-proceedings-be-stopped\/\">cancellation of removal<\/a> claim.<\/b><span style=\"font-weight: 400\"> Citizen children are &#8220;qualifying relatives&#8221; whose hardship a judge may consider.<\/span><\/li>\n<li style=\"font-weight: 400\"><b>They can show strong community and family ties.<\/b><span style=\"font-weight: 400\"> Judges weigh your roots in the United States during removal proceedings.<\/span><\/li>\n<li style=\"font-weight: 400\"><b>They do not automatically stop deportation.<\/b><span style=\"font-weight: 400\"> Having a citizen child is one factor, not a complete defense.<\/span><\/li>\n<li style=\"font-weight: 400\"><b>They cannot petition for you until age 21.<\/b><span style=\"font-weight: 400\"> A citizen child must be at least 21 to be able to sponsor a parent for<\/span><a href=\"https:\/\/krilaw.com\/services\/family-immigration-lawyers-chicago\/\"> <span style=\"font-weight: 400\">a green card<\/span><\/a><span style=\"font-weight: 400\">.<\/span><\/li>\n<\/ul>\n<h3>Why Hardship to Your Children Matters<\/h3>\n<p><span style=\"font-weight: 400\">One common defense for parents is <\/span><b>cancellation of removal<\/b><span style=\"font-weight: 400\">. To qualify, you generally must prove all of the following:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400\"><span style=\"font-weight: 400\">You have lived in the United States continuously for at least 10 years.<\/span><\/li>\n<li style=\"font-weight: 400\"><span style=\"font-weight: 400\">You have shown good moral character during that time.<\/span><\/li>\n<li style=\"font-weight: 400\"><span style=\"font-weight: 400\">Your removal would result in &#8220;exceptional and extremely unusual hardship&#8221; to a qualifying relative, such as a U.S. citizen spouse or child.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400\">Note that the hardship standard is high and can be hard to meet. A judge will look at factors like your child&#8217;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.<\/span><\/p>\n<h2>Other Possible Defenses to Deportation<\/h2>\n<p><span style=\"font-weight: 400\">Citizen children are just one part of your case. Depending on your situation, other defenses may apply:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400\"><b>Asylum:<\/b><span style=\"font-weight: 400\"> Protection for those who fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group.<\/span><\/li>\n<li style=\"font-weight: 400\"><b>Adjustment of status:<\/b><span style=\"font-weight: 400\"> 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.<\/span><\/li>\n<li style=\"font-weight: 400\"><b>Waivers of inadmissibility:<\/b><span style=\"font-weight: 400\"> Exceptions that can excuse certain grounds that would otherwise bar you from staying.<\/span><\/li>\n<li style=\"font-weight: 400\"><b>Challenging the case itself:<\/b><span style=\"font-weight: 400\"> Sometimes the government makes legal or procedural errors that an attorney can use in your favor.<\/span><\/li>\n<\/ul>\n<h2>Remember, Every Case Is Different<\/h2>\n<p><span style=\"font-weight: 400\">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.<\/span><\/p>\n<p><span style=\"font-weight: 400\">This reality shows why working with an <a href=\"https:\/\/krilaw.com\/what-does-an-immigration-attorney-do\/\">experienced immigration attorney<\/a> 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.<\/span><\/p>\n<h2>Talk to a Chicago Removal Defense Attorney Today<\/h2>\n<p><span style=\"font-weight: 400\">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&#8217;s future.<\/span><\/p>\n<p><span style=\"font-weight: 400\">At Kriezelman Burton &amp; Associates, LLC, we have helped countless families protect their lives in the United States. If you or someone you love is facing deportation,<\/span><a href=\"https:\/\/krilaw.com\/contact\/\"> <span style=\"font-weight: 400\">contact us today<\/span><\/a><span style=\"font-weight: 400\"> to schedule a confidential consultation and start learning the options available to you.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>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 &hellip; <\/p>\n<p class=\"link-more\"><a href=\"https:\/\/krilaw.com\/es\/can-having-u-s-citizen-children-help-me-fight-deportation\/\" class=\"more-link\">Seguir leyendo<span class=\"screen-reader-text\"> \u00abCan Having U.S. Citizen Children Help Me Fight Deportation?\u00bb<\/span><\/a><\/p>\n","protected":false},"author":22,"featured_media":12332,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_oasis_is_in_workflow":0,"_oasis_original":0,"_oasis_task_priority":"2normal","footnotes":""},"categories":[75,34,38],"tags":[270,180,64,240],"class_list":["post-12331","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-deportation","category-family_based_immigration","category-removal_orders","tag-chicago-family-immigration-attorney","tag-deportation-defense","tag-green-card","tag-removal-orders","entry"],"acf":[],"_links":{"self":[{"href":"https:\/\/krilaw.com\/es\/wp-json\/wp\/v2\/posts\/12331","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/krilaw.com\/es\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/krilaw.com\/es\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/krilaw.com\/es\/wp-json\/wp\/v2\/users\/22"}],"replies":[{"embeddable":true,"href":"https:\/\/krilaw.com\/es\/wp-json\/wp\/v2\/comments?post=12331"}],"version-history":[{"count":2,"href":"https:\/\/krilaw.com\/es\/wp-json\/wp\/v2\/posts\/12331\/revisions"}],"predecessor-version":[{"id":12370,"href":"https:\/\/krilaw.com\/es\/wp-json\/wp\/v2\/posts\/12331\/revisions\/12370"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/krilaw.com\/es\/wp-json\/wp\/v2\/media\/12332"}],"wp:attachment":[{"href":"https:\/\/krilaw.com\/es\/wp-json\/wp\/v2\/media?parent=12331"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/krilaw.com\/es\/wp-json\/wp\/v2\/categories?post=12331"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/krilaw.com\/es\/wp-json\/wp\/v2\/tags?post=12331"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}