There are generally two main paths to citizenship. Some people have birthright citizenship. Their mothers give birth in the United States, which automatically makes them a citizen of the country. Others naturalize to become citizens. Despite being born in other countries, they take legal steps to become United States citizens.
There are many families in which the children may technically be citizens, but the parents are not. Such scenarios can create a very challenging family situation if the parents face deportation. The citizen children of non-citizen parents can sometimes remain in the United States. Other times, they may leave the country with their parents.
What generally happens when non-citizen parents of citizen children face removal from the country?
Parents may need to make a difficult choice
If the child is still a minor, then the parents ultimately get to make the decision about what happens next. In many cases, they may decide that keeping the family intact is their top priority. They arrange to have the child return to the parents’ country of origin in compliance with the deportation order.
They can also make plans to allow the children to stay in the United States. Parents can fill out guardianship paperwork empowering someone they trust to take care of their children while they live in the United States. They can even make arrangements to communicate regularly with their children to preserve their connection despite being separated by international borders.
In scenarios where the situation is particularly risky for the parents or the children, the adults in the family may sometimes make the heartbreaking decision to allow a domestic adoption of the child. This process does require a court review and approval.
If the citizen child is 18 or older, they get to choose for themselves in most cases whether they wish to remain in the United States or leave the country with their parents. In some cases, parents may need to help them plan for support while they remain in the United States.
Non-citizen parents and citizen children who have recently become adults may need help making difficult decisions in a situation that involves a deportation order. Reviewing options with an immigration attorney can help some establish a workable plan and choose the best solution given their challenging situation.
