Does a Child Born in the U.S. Help a Parent Avoid Deportation?

 Posted on August 12, 2025 in English

Having a child born in the United States is traditionally a source of hope and pride, but it can also lead to false beliefs. Many undocumented parents believe having a child born in the U.S. will protect them from deportation. The truth is much more complex. A child born on U.S. soil is automatically granted citizenship – historically, and at least for now – but this does not necessarily grant legal status to the child’s undocumented parents.

Thousands of parents of U.S. citizens are deported each year, perhaps even more under the current administration. If your child is a U.S. citizen by virtue of being born here, but you are worried about your immigration status, you could benefit from speaking to a knowledgeable Herndon, VA immigration lawyer.

Birthright Citizenship and Parental Status

A child born in the U.S. is generally a citizen, regardless of the parents’ immigration status. This is guaranteed by the Fourteenth Amendment and is known as birthright citizenship. The principle was affirmed by the 1898 Supreme Court Case, United States v. Wong Kim Ark. While birthright citizenship is broadly applied, there are narrow exceptions, including children born to foreign diplomats and those born on foreign ships or military bases within the United States.

Birthright citizenship does not automatically change the parents’ immigration status, and, in most cases, no automatic protection is provided. ICE can consider family ties when prioritizing removals, but this is entirely discretionary and not likely to occur in today’s political climate. In other words, parents can be deported, even when their child is a U.S. citizen.

When Might Having a U.S.-Born Child Delay or Prevent Deportation?

If the parent of a U.S.-born child can show 10 plus years of continuous presence in the United States, good moral character, and can show that the U.S. citizen child would suffer "exceptional and extremely unusual hardship," a cancellation of removal could be available. An example would be if the U.S.-born child is young and has no other family in the United States. In this case, deferred action as a result of humanitarian concerns could be possible.

Can a U.S.-Born Child Sponsor His or Her Parent for a Green Card?

Once a U.S.-born child turns 21, he or she can sponsor the undocumented parent for a green card, although the parent could be subject to being barred for unlawful presence. In this case, a waiver would be required. If the parent entered without inspection, the process can be complex. The child must demonstrate sufficient income to support his or her parent by filing Form I-864, Affidavit of Support, and must intend to live in the U.S. permanently.  

The parent must be the child’s biological or legally adopted parent, and must be able to prove that relationship through a birth certificate or legal adoption papers. Unfortunately, the parent may also need to demonstrate legal entry into the U.S. to be eligible for adjustment of status. If the parent entered the U.S. without inspection,  he or she may be required to explore other potential avenues, such as parole in place or a provisional unlawful presence waiver.  

The U.S. citizen child must file Form I-130 Petition for Alien Relative, and then the parent will file for an adjustment of status, if eligible. The parent may also need a work authorization and advance parole if they need to travel outside the U.S. during the process. The process can be lengthy, requiring patience and persistence, and the availability of a visa number for the parent depends on the visa category and the country of origin.  

Contact a National Immigration Attorney

If you are raising a U.S. citizen child, but are undocumented, there may be legal options to help you stay together as a family. When you consult with a national immigration lawyer from Immigration Legal Advisors, PLLC, you have taken an important step in the process. Attorney Ruiz speaks both English and Spanish, has more than 20 years of experience, and offers supportive, experienced immigration assistance at his full-service law firm. Call 571-441-2233 to schedule your initial meeting with Attorney Ruiz.