My US Citizen Child is Ill, Does That Help Me Get Status?

As a parent of a US citizen child who is ill, you may have additional options for seeking status in the United States. One possibility is applying for a humanitarian visa, such as the U nonimmigrant status (U visa), which is available for victims of certain crimes, including domestic violence. Additionally, you may be eligible for deferred action, a temporary relief from deportation that allows you to remain in the country and work legally. It is important to consult with an immigration attorney to explore all available options and determine the best course of action for your family

If you are and the Immigration judge or you received a notice to appear, a document that says you need to come to court because on such date you need to appear before the judge then you’re in removal proceedings. And if that’s the situation and you have a young US citizen child you might be eligible for something called a 42b or 42a cancellation of removal. And basically this is where you show the Immigration Court that your removal would cause extreme and unusual hardship to your US citizen family members or your lawful permanent resident family members (your parents, your spouse or your children who are under 21 years old). So this is specifically an instance where if you have a child who is unwell and really needs you, then this is a way that we can use to show that you should be able obtain immigration status here.

So many people call these a pardon, and basically it’s showing that you get to the United States without permission initially, and now your spouse who is a citizen is petitioning for me but you need to go to Juarez in order to finish the process, to go to the Consulate in your home country to fix your status. In situations like this, while children can be the direct cause of the hardship, it has to go towards your US citizen spouse, your lawful resident spouse or your lawful resident parent or your US citizen parent. We must still show that if you´re removed, who’s going to care for this child? and that’s going to create hardship for your spouse, with all these things together we can help you craft a winning argument.

One thing that we do is urging USCIS to do its job and judicate different petitions by talking to our Senators. In Arizona, Senators McSally and Senator Sinema, both of them have a whole team of immigration aids with whom we work directly, advocating for our clients.

In situations where, for example, their U Visa has been pending for 5, 6,7 years and USCIS still hasn’t issued them a work card, it’s a very simple process for USCIS to do. It doesn’t mean that USCIS has issued the Visa itself, it just means that you have been put on the list of people who once Congress has a spot for you, you’re going to get your U Visa.

That’s all we’re asking for USCIS to do and Senators have really been really helpful in facilitating that. We talked to our senators with the fact that we want to be able to help you and your family get work authorization in this country so you can help provide for your child who is unwell or has special needs. This resource is specifically made for kids who are unwell or have special needs.

I hope this has been helpful, the fact that you have a child who has special needs or is otherwise unwell might benefit your immigration status. For now, if any of this resonates with you or connects with you, we want to help! Send us a message so we can get you plugged in with the right resources to help you.We’re here for you and your family.

Contact us for more information.