Parents Came to the U.S. Undocumented: What You Need to Know

Immigration is a complex and emotional journey for many families. If your parents came to the United States undocumented, you might have questions about their rights, potential pathways to legal status, and how their immigration status affects you. Understanding these issues is crucial, especially as immigration laws continue to evolve.

Key Considerations for Undocumented Parents

1. Legal Status Options for Undocumented Parents

Undocumented parents face unique challenges when it comes to gaining legal status in the U.S. Their options depend on various factors, such as how long they’ve been in the country, whether they have U.S. citizen children, and their criminal record. Here are some potential pathways:

• Family-based petitions: U.S. citizen children, once they turn 21, may petition for their parents to obtain legal permanent residency (green cards). This process, however, is not always straightforward and may require overcoming certain bars or penalties.
• Cancellation of Removal: In certain cases, undocumented individuals who have been in the U.S. for at least 10 years and can demonstrate that their removal would cause extreme hardship to a U.S. citizen (such as a child or spouse) may be eligible for cancellation of removal and obtain legal status.
• Temporary Protected Status (TPS): Some parents may qualify for Temporary Protected Status if their home country has been designated for TPS due to conditions such as armed conflict or natural disasters.
• Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA): Although DAPA was blocked in the courts and is not currently in effect, the idea behind it is to provide temporary relief from deportation for undocumented parents of U.S. citizens or lawful permanent residents. Any developments in similar policies could impact undocumented parents.

2. Risks of Deportation

Unfortunately, undocumented parents always face the risk of deportation. Immigration and Customs Enforcement (ICE) has the authority to detain and deport individuals without legal status. Some factors that can increase the likelihood of deportation include:

• Encounters with law enforcement
• Travel outside of the U.S.
• Prior immigration violations or criminal history

It’s important to note that deportation does not automatically lead to permanent removal from the U.S. Some individuals can appeal their cases or apply for relief such as asylum or withholding of removal, though these are often challenging to secure.

3. Impact on U.S. Citizen Children

For children of undocumented parents, there can be significant emotional, financial, and legal impacts. U.S. citizen children might have to cope with the fear of their parents’ deportation or separation. In many cases, U.S. citizen children are left to navigate complicated situations if their parents are detained or deported.

A few important considerations include:

• Sponsorship and Family Reunification: U.S. citizen children, as mentioned earlier, can petition for their parents once they turn 21. However, this process can take time, and parents may need to return to their home country to complete the necessary steps.
• Mixed-status families: Many families in the U.S. are of mixed status, where some members are U.S. citizens or lawful residents and others are undocumented. This can lead to complex legal situations, particularly regarding health care, education, and financial aid.
• Deferred Action for Childhood Arrivals (DACA): If the child of an undocumented parent was also brought to the U.S. as a minor without legal status, they may be eligible for DACA. While DACA doesn’t provide permanent status, it does offer temporary protection from deportation and work authorization for eligible individuals.

Steps Undocumented Parents Should Take

1. Stay Informed About Immigration Policy

Immigration laws and policies are constantly changing, and undocumented parents need to stay informed. Following updates from reliable sources such as immigration attorneys, advocacy groups, and government websites is essential. Keeping up-to-date can help you act quickly if new opportunities arise, such as shifts in enforcement priorities or new policy announcements that could offer temporary relief.

2. Seek Legal Counsel

Consulting with an experienced immigration attorney is critical for undocumented parents. An attorney can assess your specific situation, guide you on the best course of action, and help you understand your rights and options. Avoiding legal advice from non-experts or “notarios” is essential, as these individuals can provide misleading or harmful advice.

3. Avoid Common Mistakes

Many undocumented parents inadvertently make mistakes that can harm their immigration case or put them at greater risk of deportation. A few key mistakes to avoid include:

• Failing to appear at court hearings: Missing court appearances can result in deportation orders.
• Leaving the U.S. without consulting an attorney: Exiting the country without proper advice can trigger re-entry bars that prevent you from returning for several years, even if you are eligible for a green card or another status.
• Applying for benefits you are not entitled to: Certain government benefits are reserved for U.S. citizens and lawful permanent residents. Applying for these benefits without eligibility can have serious consequences.

4. Prepare for Emergencies

Undocumented parents should have an emergency plan in place in case of detention or deportation. This includes:

• Establishing guardianship: Ensure that a trusted person has legal authority to care for your children if you are detained or deported.
• Document preparation: Keep all important documents (e.g., birth certificates, medical records, contact information for attorneys) organized and accessible to family members.
• Savings and financial planning: Set aside savings or financial resources in case you are unable to work or are removed from the country.

Conclusion

If your parents came to the U.S. undocumented, it’s essential to understand the complex landscape of immigration law and take proactive steps to protect them and your family. Whether through legal consultations, staying informed, or preparing for potential risks, undocumented parents can find ways to navigate their status and seek potential avenues for relief. At KAZA Law, we are here to help guide families through these challenges with personalized legal assistance. Reach out to us for expert advice and support on your immigration journey.

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My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we discussed the challenges faced by families when parents come to the U.S. undocumented and the various pathways they may explore to gain legal status. If you or your family are dealing with these complex immigration issues—whether it’s understanding your legal options, protecting yourself from deportation risks, or securing a brighter future for your children—I’m here to help. Feel free to schedule a free consultation by clicking this link, and let’s find the right path forward together.