McBean Immigration Law

Can Illegal Immigrant Parents Get Citizenship via US-Born Kids?

family looking for citizenship via US born kids

The Naturalization Process: Gaining Citizenship Through Your U.S.-Born Child

As a parent of a U.S-born child, you may be wondering about your options for gaining citizenship. The journey to becoming a naturalized citizen can be complex and overwhelming, but understanding your legal rights is the first step towards finding a resolution.
Tip: Educate yourself on the naturalization process and seek guidance from a qualified immigration lawyer to ensure you're making informed decisions.
LaToya McBean Pompy immigrated to the United States herself. Her experience sparked an interest in helping many families unite in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys, who are here to help you.

Understanding Your Legal Rights in Gaining Citizenship Through Your U.S.-Born Child

While having a U.S.-born child does not automatically grant citizenship to the parents, it does open up certain pathways to legal permanent residency and eventual naturalization. There are some limited circumstances under which having a U.S. citizen child may provide an opportunity for the parents to gain legal status:
  1. When the U.S. citizen child turns 21, they can sponsor their parents for a green card.
  2. In some cases, parents may be eligible for prosecutorial discretion, if they can demonstrate that their deportation would cause exceptional hardship to their U.S. citizen child. This does not grant them legal status but may allow them to remain in the U.S. temporarily, while waiting for their child to turn 21 and sponsor their parents.
  3. Undocumented parents may have other avenues to gain legal status, such as asylum, employment-based visas, or being the victim of a crime, which are separate from their relationship to a U.S. citizen child.
Tip: Consult with an immigration lawyer to determine if you qualify for United States citizenship.

The Journey Through the Naturalization Process: Challenges and How to Overcome Them

The road to naturalization can be fraught with challenges, but with the right guidance and preparation, you can navigate the process successfully. Some common hurdles include:
  • Meeting eligibility requirements, such as continuous residence in the U.S. and good moral character.
  • Preparing for the naturalization interview and U.S. civics test
  • Gathering necessary documentation and evidence to support your application.
Tip: Start preparing for the naturalization process well in advance to ensure you have ample time to gather documents and study for the civics test.

Pathways to Resolution: How an Immigration Lawyer Can Assist

Immigration law can be stressful, but working with a skilled immigration lawyer can make all the difference in achieving your goals. An experienced attorney can help you:
  • Determine your eligibility for naturalization and identify the best pathway forward
  • Prepare a strong application package and gather supporting evidence
  • Represent you in interactions with the U.S. Citizenship and Immigration Services (USCIS) Provide guidance and support throughout the entire naturalization process

Tip: When choosing an immigration lawyer, look for someone with experience in naturalization cases and a track record of success.

A Hypothetical Scenario: Maria's Journey to Citizenship

To illustrate the challenges and triumphs of the naturalization process, let's consider the story of Maria, a 35-year-old undocumented immigrant from El Salvador. Maria has been living in the U.S. for 10 years and has a 5-year-old daughter who was born in California. Determined to provide a stable future for her family, Maria seeks the advice of an immigration lawyer to explore her options for gaining legal status. The lawyer explains that Maria may be eligible for a green card through her daughter once she turns 21, but in the meantime, she could apply for a work permit and temporary protected status, because her home country is currently on the U.S.’ temporary protected status list, to remain in the country legally. 
Tip: Even if you don't have an immediate path to citizenship, there may be intermediate steps you can take to secure your status and work towards your long-term goals.



FAQs: Naturalization Process

1. Can I get a green card through my U.S.-born child?

Yes, if your child is over 21 years old and a U.S. citizen, they can sponsor you for a green card. This process is known as "family-based immigration."

2. How long does the naturalization process take?

The timeline for naturalization varies depending on your individual circumstances, but the average processing time to receive a decision on the naturalization form is around 12-18 months from the time you file your application. 

3. What are the eligibility requirements for naturalization?

To be eligible for naturalization, you must be at least 18 years old, have a green card for a certain period of time (usually 5 years), meet continuous residence and physical presence requirements, demonstrate good moral character, and pass a civics test and English language assessment.

4. Can I apply for citizenship if I have a criminal record?

It depends on the nature and severity of the offense. Some crimes, such as aggravated felonies, can permanently bar you from naturalization. It's best to consult with an immigration lawyer to evaluate your specific situation.

5. How much does it cost to apply for naturalization?

As of 2024, the filing fee for the naturalization application (Form N-400) is $760. Some applicants may qualify for a fee waiver based on income or other factors.

Taking the First Step: Seeking Legal Guidance From McBean Law, PLLC
If you're a parent of a U.S.-born child and you're ready to explore your options for gaining citizenship, the first step is to seek the guidance of a qualified immigration attorney. Look for a law firm with experience in naturalization cases and a commitment to helping families navigate the complex immigration system. Remember, you're not alone in this journey. With the right support and guidance, you can achieve your dream of becoming a U.S. citizen and providing a bright future for your family. 
Tip: Don't be afraid to ask questions and advocate for yourself throughout the naturalization process. Your lawyer is there to help you every step of the way.
Our experienced immigration attorneys at McBean Law can help determine your qualifications and guide you through the application process. Contact us today at (888)-462-4006 for a consultation. 

About the Author

mcbeanlawfirm

McBean Law, PLLC is a New York immigration law firm and your trusted partner in navigating the complexities of immigration law in the United States. From family-based visas to employment-based green cards, we specialize in guiding clients through every aspect of the immigration process with expertise and compassion. We help clients with obtaining waivers, removal defense, motions and appeals, humanitarian requests, consular processing, and naturalization and citizenship. With a focus on personalized support and a proven track record of success, our experienced team of New York immigration lawyers is here to help you achieve your dreams of a brighter future in the United States.

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