Can a Parent Sponsor a Child in Removal Proceedings?

 Posted on September 05, 2025 in English

For parents, there are few things more frightening than learning their child may be deported from the United States. The parents may wonder whether they can sponsor their child to allow him or her to remain in the U.S. Whether this is a possibility will depend on immigration status, eligibility categories, and timing. Although U.S. citizens and lawful permanent residents are allowed to petition for their children, sponsorship will not automatically stop or resolve a removal case.

There are other considerations as well, including whether the child entered the U.S. illegally or qualifies for asylum or Special Immigrant Juvenile Status. If you are a parent who wants to sponsor your child to prevent him or her from removal proceedings, your best course of action is to speak to a knowledgeable Herndon, VA family immigration lawyer.

Under What Circumstances Could My Child Be Deported?

A minor child could face removal for unlawful entry, overstays, or when denied asylum. A minor child could be deported under independent immigration proceedings without his or her parents, as an unaccompanied child (UAC) who entered the U.S. without a guardian or other lawful immigration status. If a child is determined to be a UAC, he or she is transferred to the care of the Office of Refugee Resettlement for processing.  

Can All Parents Sponsor a Child in Removal Proceedings?  

U.S. citizen parents can file an I-130 Petition for Alien Relative. Lawful permanent resident parents may also file the I-130, although the wait times are likely to differ from those for U.S. citizen parents. Undocumented parents are generally unable to sponsor a child directly. Sponsorship does not automatically end removal proceedings; it creates a pathway for adjustment.

Eligibility for a Child to Be Sponsored by a Parent

If the parents are U.S. citizens or lawful permanent residents, filing the I-130 Petition can establish a qualifying family relationship with the child. If the child is in the U.S. and eligible, once the I-130 is filed, the child can apply to adjust his or her status to permanent resident via Form I-485. The child must be under the age of 21 and unmarried.

There must be proof of the legal parent-child relationship, including a birth certificate showing both parents’ names or proof of valid adoption. Parents will need a U.S. passport or Certificate of Naturalization/Citizenship to prove U.S. citizenship. Additional required documents could include any divorce decrees, name change documents, or death certificates that could potentially affect the legal parent-child relationship.

What is the Process for the I-130 Form Filing?

A USCIS online account can be created, then Form I-130 can be submitted electronically, with additional documents and photos scanned and submitted. The fee will also be paid online. The required paperwork and supporting documentation can also be submitted via U.S. mail, along with a check or money order for payment of the fee.

If the child is in the U.S. and eligible, Form I-485 can be filed concurrently with the I-130. The processing time for the I-130 varies based on the application location and the applicant’s relationship to a U.S. citizen or lawful permanent resident. Extreme hardship cases can request expedited processing.  

What Are Some Challenges to Parental Sponsorship?

Even with an approved I-130, the child could still face removal proceedings unless additional relief is granted. Unlawful presence, criminal issues, or prior immigration violations may be bars to an adjustment of status. Immigration judges have discretion to weigh eligibility for relief apart from family ties.

One alternative could be Special Immigrant Juvenile Status, which is available to undocumented minors who have been abused, abandoned, or neglected; however, this requires state juvenile or Virginia family court findings. Children who fear persecution in their home country could potentially file for asylum, or in certain "sympathetic" cases, deferred action or prosecutorial discretion could be requested.

Contact a Fairfax County, VA Immigration Lawyer

If your child is undocumented and facing removal proceedings, time is critical. A Herndon, VA family immigration attorney from Immigration Legal Advisors, PLLC can explain your options and guide you through the process. Attorney Ruiz has more than 20 years of experience, offering a full-service, supportive law firm. Call 571-441-2233 to schedule your initial attorney meeting. We speak English and Spanish.