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Have you ever wondered if your US citizen child who has perhaps autism, asthma, a severe learning disability or perhaps a terrible medical condition could help you fix your status? If you’ve ever wondered whether that’s a situation, as difficult as it is, this may not help you with your immigration status.
We’re New Frontier Immigration Law in Phoenix Arizona and we help immigrants throughout the United States and indeed throughout the world, to fix their status or immigrate to the United States.
Special children, special US citizen children, kids with autism or heart defects, with lots of really serious and so or sometimes less serious, have their parents asking me whether that can help them obtain mercy from the US government, because obviously removing the mom or the dad would impact this young little kid who really needs help. And unfortunately, I have to say that the state of the law right now is that those special kids they don’t usually help with your status but I want to tell you about three different ways that we help people use this this unique opportunity of having a child who has a medical condition, who you love so much and of course we want them to be in the US where we have amazing doctors who are able to help your family.
Are You in Removal Proceedings?
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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.
The Use of Waivers
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.
Senators as a Resource
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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.
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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.
Call or text (623) 742-5400 or complete a Free Case Evaluation form
