If your parents brought you to the U.S. illegally, explore options like family-based immigration, I-601A waivers for unlawful entry, or adjustment of status if eligible. Consult an immigration lawyer to navigate pathways like green cards, cancellation of removal, or deferred action programs.
Let’s break it down step by step so you can take action with confidence.
Understanding the Situation
When your parents brought you to the U.S. illegally, they likely did so with the hope of giving you a better life. However, living without legal status can create challenges, from limited access to opportunities to the constant fear of deportation. The first step is understanding your options and the legal pathways available to you and your family.
What Can I Do If My Parents Are Undocumented?
If your parents are undocumented, there are several ways you can assist them in gaining legal status. Here are some of the most common options:
1. Family-Based Immigration
As a U.S. citizen, you can sponsor your parents for a green card once you reach the age of 21. This is one of the most straightforward ways to help your parents become legal. However, if your parents entered the U.S. illegally, they may need to apply for an immigration waiver to address their unlawful entry.
2. Immigration Waiver for Illegal Entry
The I-601A waiver is a critical tool for undocumented parents who entered the U.S. illegally. This waiver allows them to apply for a green card without facing long-term separation from their family. To qualify, you’ll need to prove that their absence would cause extreme hardship to you or another qualifying relative.
3. Adjustment of Status Without Leaving the U.S.
If your parents entered the U.S. legally but overstayed their visa, they may be eligible to adjust their status without having to leave the country. This process involves filing Form I-485, along with other supporting documents.
Can I Fix My Parents’ Papers If I’m a U.S. Citizen?
Yes, you can! As a U.S. citizen, you can sponsor your parents for legal status. However, the process depends on how your parents entered the U.S. If they entered legally, the process is more straightforward. If they entered illegally, additional steps, like applying for a waiver, may be required.
What Are the Options for Parents Without Papers in the U.S.?
For parents without legal status, here are some additional pathways to consider:
1. Cancellation of Removal
Suppose your parents have lived in the U.S. for at least 10 years and can prove that their deportation would cause exceptional hardship to a U.S. citizen or lawful permanent resident family member. In that case, they may qualify for cancellation of removal. This option is only available during removal proceedings.
2. Deferred Action
While programs like DACA (Deferred Action for Childhood Arrivals) don’t directly apply to parents, similar forms of relief may be available depending on their situation.
3. Registry for Long-Term Residents
If your parents have lived in the U.S. continuously since before January 1, 1972, they may qualify for a green card through naturalisation. While this option is rare, it’s worth exploring if they meet the criteria.
How to Stop the Deportation of Undocumented Parents
If your parents are facing deportation, it’s essential to act quickly. Here are some steps you can take:
- Seek Legal Help: An immigration lawyer can help build a strong case to stop deportation.
- Explore Cancellation of Removal: This option can provide relief if your parents meet the eligibility criteria.
- File for Deferred Action: In some cases, deferred action can temporarily protect your parents from deportation.
How to Help Undocumented Parents Become Legal
Helping your parents gain legal status is a process, but it’s not impossible. Here’s what you can do:
- File a Petition: Start by filing Form I-130 to establish your relationship with your parents.
- Apply for a Waiver (if needed): If your parents entered illegally, they’ll need to apply for an I-601A waiver to address their unlawful presence.
- Complete the Adjustment of Status Process: If eligible, your parents can adjust their status without having to leave the U.S.
Legal Options for Immigrants Brought to the U.S. as Kids
If you were brought to the U.S. as a child, you might qualify for programs like DACA or other forms of relief. These programs provide temporary protection from deportation and work authorisation, allowing you to build a stable future.
Can Undocumented Parents Get a Green Card Through Their Child?
Yes, if their child is a U.S. citizen and at least 21 years old, they can sponsor their parents for a green card. However, if the parents entered illegally, they may need to apply for a waiver.
How to Adjust Status If Entered Illegally?
If your parents entered the U.S. illegally, they may need to leave the country to complete the process unless they qualify for an adjustment of status through a waiver or other special provisions.
Why You Need an Immigration Lawyer
Navigating immigration laws can be complex, especially when dealing with risks of illegal entry or deportation. An experienced immigration lawyer can help you:
- Understand your parents’ eligibility for different pathways.
- File applications and waivers correctly.
- Build a strong case to avoid delays or denials.
A Personal Story to Reflect On
As we’ve explored the legal pathways and challenges faced by undocumented immigrants, it’s important to remember the human stories behind these struggles. One Reddit user shared their heartfelt experience:
“I feel trapped, like I’m slowly losing hope for my future. My parents brought me to the U.S. illegally when I was a toddler. I don’t even have memories of my home country, and I feel like a stranger there. I want to become a doctor, but how will I afford college or medical school? How can I work legally to pay for it? I love my parents, but I wish they had brought me here legally.”
This story, shared on Reddit’s r/immigration community, highlights the emotional and practical challenges faced by many in similar situations. It’s a reminder that behind every statistic or policy debate, there are real people with dreams, fears, and hopes for a better future.
Conclusion
If you’ve ever wondered, “My parents brought me to the U.S. illegally—what can I do?”, know that there are options available. From family-based immigration to waivers and adjustment of status, there are pathways to help your parents gain legal status. The journey may not be easy, but with the proper guidance and determination, you can help your family build a secure and stable future.
Take the first step today by consulting an immigration lawyer and exploring the options that best suit your family’s needs. You’re not alone in this process, and with the proper support, a brighter future is within reach.
FAQs
Can undocumented parents get a green card through their U.S. citizen child?
Yes, if their child is at least 21 years old, they can sponsor their parents for a green card. However, if the parents entered the U.S. illegally, additional steps like applying for a waiver may be required.
What is the I-601A waiver, and how does it help undocumented parents?
The I-601A waiver allows undocumented individuals to address their unlawful presence in the U.S. without facing long-term separation from their family. It’s often used when applying for a green card.
Can undocumented parents adjust their status without leaving the U.S.?
If the parents entered the U.S. legally but overstayed their visa, they may be eligible to adjust their status without leaving the country. This process involves filing Form I-485.
What is cancellation of removal, and who qualifies for it?
Cancellation of removal is an option for undocumented individuals who have lived in the U.S. for at least 10 years and can prove that their deportation would cause exceptional hardship to a U.S. citizen or lawful permanent resident family member.
What should I do if my undocumented parents are facing deportation?
Seek legal help immediately. An immigration lawyer can explore options like cancellation of removal, deferred action, or other forms of relief to stop deportation proceedings.
