Legal Ways for Non-Citizen Parents to Live in the US with Their US Citizen Child

In today’s globalized world, families are more diverse than ever before. Many parents find themselves in a difficult situation when they are non-citizens living in the US with a US citizen child. Fortunately, there are several legal avenues for non-citizen parents to live in the US with their US citizen child. In this comprehensive guide, we will explore the various options available to non-citizen parents and provide valuable information on how to navigate the complex immigration system.

Table of Contents

1. Introduction
2. Family-Based Immigration
   • Spousal Visas
   • Parent Visas
   • Sibling Visas
3. Special Immigrant Juvenile Status
4. Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)
5. Asylum and Withholding of Removal
6. Frequently Asked Questions
   • What is the best option for non-citizen parents to live in the US with their US citizen child?
   • How long does the immigration process take for non-citizen parents?
   • Can non-citizen parents work in the US while awaiting their immigration status?
   • What are the requirements for obtaining Special Immigrant Juvenile Status?
   • Is it possible for non-citizen parents to apply for asylum in the US with the help of their US citizen child?

Family-Based Immigration

One of the most common ways for non-citizen parents to live in the US with their US citizen child is through family-based immigration. This process involves sponsoring a family member for a visa to come to the US and eventually obtain permanent residency. Non-citizen parents can apply for spousal visas, parent visas, or sibling visas to reunite with their US citizen child.

Spousal Visas

If a non-citizen parent is married to a US citizen, they may be eligible for a spousal visa. This type of visa allows the non-citizen parent to live and work in the US while awaiting their green card. The process for obtaining a spousal visa can be complex, but with the help of an experienced immigration attorney, non-citizen parents can navigate the system successfully.

Parent Visas

Non-citizen parents can also apply for parent visas to live in the US with their US citizen child. This type of visa is available to parents of US citizens who are over the age of 21. The parent visa application process requires proof of the relationship between the parent and child, as well as other supporting documentation.

Sibling Visas

In some cases, non-citizen parents may be eligible for sibling visas to live in the US with their US citizen child. This type of visa is more challenging to obtain compared to spousal or parent visas, as the sibling relationship must meet specific criteria outlined by the immigration authorities. Non-citizen parents should consult with an immigration attorney to determine their eligibility for a sibling visa.

Special Immigrant Juvenile Status

Special Immigrant Juvenile Status (SIJS) is another option for non-citizen parents to live in the US with their US citizen child. SIJS is available to children under the age of 21 who have been abused, abandoned, or neglected by one or both parents. Non-citizen parents can apply for SIJS on behalf of their child and may be eligible for a green card as a result.

Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)

Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) was a proposed immigration policy that would have allowed non-citizen parents of US citizens and lawful permanent residents to apply for temporary relief from deportation. Although DAPA was never implemented, non-citizen parents should stay informed about changes in immigration policy that could impact their ability to live in the US with their US citizen child.

Asylum and Withholding of Removal

In certain circumstances, non-citizen parents may be eligible to apply for asylum or withholding of removal in the US. Asylum is granted to individuals who have suffered persecution or fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. Withholding of removal provides similar protection but does not allow for adjustment of status to permanent residency.

Frequently Asked Questions

What is the best option for non-citizen parents to live in the US with their US citizen child?

The best option for non-citizen parents depends on the specific circumstances of their case. Consulting with an immigration attorney is essential to determine the most suitable immigration pathway for non-citizen parents seeking to live in the US with their US citizen child.

How long does the immigration process take for non-citizen parents?

The length of the immigration process for non-citizen parents can vary depending on the type of visa or status being sought. Family-based immigration processes typically take several months to several years to complete, so patience is essential when navigating the US immigration system.

Can non-citizen parents work in the US while awaiting their immigration status?

In some cases, non-citizen parents may be eligible for work authorization while awaiting their immigration status. Applying for an Employment Authorization Document (EAD) allows non-citizen parents to work legally in the US and support themselves and their families during the immigration process.

What are the requirements for obtaining Special Immigrant Juvenile Status?

To qualify for Special Immigrant Juvenile Status, a child must be under the age of 21, unmarried, and have been abused, abandoned, or neglected by one or both parents. The child must also have a valid juvenile court order issued by a state court in the US declaring them dependent on the court or in the custody of a state agency.

Is it possible for non-citizen parents to apply for asylum in the US with the help of their US citizen child?

Non-citizen parents may be eligible to apply for asylum in the US if they have suffered persecution or fear persecution in their home country. Having a US citizen child may strengthen an asylum claim by demonstrating the parent’s ties to the US and the potential harm they could face if forced to return to their home country.

Conclusion

In conclusion, non-citizen parents have several legal options available to live in the US with their US citizen child. From family-based immigration to Special Immigrant Juvenile Status and asylum, non-citizen parents can navigate the complex US immigration system with the help of experienced legal professionals. By understanding the different pathways to legal status, non-citizen parents can secure their future in the US and reunite with their US citizen child.