For generations, people have been entering the United States in hopes of a better life and opportunities for their children, their families and themselves. However, sometimes those who are still in the process of obtaining lawful permanent residence are at risk of being deported. And, when these people have U.S. born children, they are often left in suspense wondering what will happen to their children and if there is anything they can do to avoid deportation at all costs.
Anyone who is in the process of removal proceedings and wants to know more about the parental rights of immigrants with children born in the U.S. as well as the rights of their children are advised to reach out to their nearest local immigration attorney.
It Does Not Protect You From Deportation
If you are a parent facing deportation with children who were born in the U.S. there is very little your children can do to prevent this from happening. Only children over 21 years of age can petition for lawful permanent residence for a parent, but they also must prove they have the financial means to support you when they are in the country. If your children are still minors, you will have limited options.
One possibility would involve something known as “prosecutorial discretion” or “deferred action.” If U.S. immigration and Customs Enforcement (ICE) chooses to exercise this authority, it means you might get to stay in the country longer, but it does not stop your deportation from proceeding, it only prolongs it. It simply means that there are other people who need to be deported first who pose a risk to the country.
Another Option is Being Eligible for Cancellation of Removal
Another avenue you may have available to pursue is a cancellation of removal, this is a good option to seek if you have resided in the U.S for a long time. To qualify:
- You must have lived in the U.S. continuously for a minimum of 10 years
- Show good moral character
- Have not committed any crimes and
- Show that being removed from the U.S. would cause great harm to your or your family.
Of course determining who has “good moral character” can be tricky, which is why it is recommended to retain the services of an immigration lawyer who can help you prepare for your hearing before appearing an immigration judge.
What Will Happen to My Children
The number one concern for parents in this situation is what will happen to their children if they are forced to leave. The first option is for you to arrange your own childcare through family or friends who are in the country legally. If you are unable to do this, your children will be taken away by Child Protective Services (CPS). Unfortunately, federal law states that parental rights may be terminated if a child has been out of a parent’s custody for 15 months or the past 22 months. If this happens before you are able to re-enter the country, you must then go through CPS to be reunified with your children.
You may also be able to petition for release from detention to care for your children while the deportation proceedings are underway, but this will only be a temporary fix. In some cases, parents will have to make the hard decision whether to take their children with them or leave them in the U.S.
Reuniting with your children is possible, to be granted full reunification with your children you will likely need to have an attorney help you with the process.
Time to Consult With an Immigration Attorney
If you are undergoing deportation proceedings and you are concerned about your children and what will happen to them if you are removed from the country consult with your local immigration lawyer. The Gambacorta Law Office will be able to help you. Give us a call today at 847 443 9303.