There is a common perception in the immigrant community that as soon as a U.S. citizen child turns 21, they will be able to apply for permanent residency, also known as a green card, for their parents who are undocumented. However, in reality it is much more complicated.
If you entered the U.S. without legal status or legal immigration documents like a visa, and if you have not been granted legal status since entering the U.S., immigration rules say you are here without being admitted or paroled and are unlawfully present in the U.S.
People who have not been admitted or paroled and who are unlawfully present in the U.S. are not eligible to apply for permanent residency without first leaving the U.S. but leaving the U.S. can also create additional barriers to obtaining permanent residency. Specifically, people who have been unlawfully present in the United States and then leave are not eligible to apply for residency for three to ten years, or in some cases even permanently, depending on how many times you’ve entered the U.S. without documents and how long you’ve been here.
If you’re considering applying for permanent resident status through an adult U.S. Citizen child, we encourage you to speak with an immigration attorney before doing so to clearly understand your options and any potential risks. If you’d like to schedule a consultation with one of the attorneys at Bennett & Harker, please contact us!
Comments