Can You Be Deported If Your Children Are U.S. Citizens?

Having U.S. citizen children doesn’t automatically protect you from removal. It’s one of the most painful truths in immigration law, but it’s real: people can still be placed in removal proceedings even when their children were born here and depend on them every day.

That said, U.S. citizen children can matter in certain cases, especially when it comes to proving hardship, fighting removal, or pursuing relief that may allow you to stay legally. The key is understanding what immigration law actually allows, and acting before the situation gets worse.

Can You Still Be Deported If You Have US Citizen Kids?

Yes, you can be deported if you have US citizen kids. Your children’s citizenship doesn’t change your immigration status. The law treats you as separate individuals with separate status.

The numbers tell the story:

• Between 2013 and 2018, Immigration and Customs Enforcement removed more than 231,000 people who had at least one U.S. citizen child
• In 2019 alone, 27,980 people with U.S.-born children faced removal proceedings
• An estimated 4.4 million U.S. citizen children currently live with at least one undocumented parent

Courts have held this position for over 50 years: having U.S. citizen children is not recognized as a legal basis to prevent removal. Your children’s citizenship is not the equivalent of a visa for you.

What Happens to Your Children If You’re Removed?

Your U.S. citizen children cannot be removed with you. They have the constitutional right to remain in the United States under the 14th Amendment. But that forces an impossible choice.

Option 1: Take Your Children With You

Most parents who are removed choose this option. Your children can travel with you using their U.S. passports.

However, this means:

• Uprooting them from their home, schools, and lives
• Potential difficulty proving U.S. citizenship if they lack proper documentation later
• Challenges accessing benefits, education, or reclaiming residency if they return as adults
• Living in a country they may not know, speaking a language they may not speak fluently

Option 2: Leave Your Children in the United States

You can transfer custody to a trusted guardian who is:

• A U.S. citizen or lawful permanent resident
• Over 18 years old
• Capable of providing a stable environment

You’ll need to formalize this through legal guardianship proceedings.

The Foster Care Risk

If you don’t make arrangements and don’t take your children with you, they may enter the foster care system.

Critical deadline: If your children are not in your custody for at least 15 of the past 22 months, you risk permanently losing your parental rights.

Can Your Child Sponsor You When They Turn 21?

Your U.S. citizen child can petition for you once they turn 21. But this path has significant obstacles:

The Waiting Problem

You’d need to remain in the United States for 21 years without being caught and removed. Given current enforcement priorities, this is increasingly unlikely.

The Financial Problem

Your adult child must earn enough money to sponsor you financially. Requirements include:

• Income at 125% above the U.S. Poverty Guidelines
• Proof of stable employment
• Sufficient assets if income falls short

That’s challenging for a 21-year-old just starting their career.

The Unlawful Presence Problem

If you entered the United States without inspection (crossed without being admitted), you face additional barriers:

• With very limited exceptions, you cannot adjust status inside the country
• You must leave for a visa interview at a U.S. consulate
• Leaving triggers unlawful presence bars:

• 180 days to one year unlawful presence = three-year bar
• More than one year unlawful presence = ten-year bar

These bars prevent you from returning to the United States for the specified period without approval of an extreme hardship waiver.

Cancellation of Removal: Your Best Option If You’re Already in Proceedings

If you’re in removal proceedings, cancellation of removal may offer a path to a green card. Under INA Section 240A(b), you must prove four requirements:

1. Ten Years of Continuous Physical Presence

The clock stops when you receive a Notice to Appear that includes both the time and place of your first hearing.

What breaks continuous presence:

• Single absence of more than 90 days
• Multiple absences totaling more than 180 days

2. Good Moral Character for Those 10 Years

Certain convictions permanently bar you from establishing good moral character. Even minor issues can damage your case.

3. No Disqualifying Criminal Convictions

Aggravated felonies and certain other crimes make you ineligible.

4. Exceptional and Extremely Unusual Hardship to a Qualifying Relative

This is the hardest requirement. Your qualifying relative must be:

• A U.S. citizen or lawful permanent resident
• Your spouse, parent, or child under 21 and unmarried

Understanding “Exceptional and Extremely Unusual Hardship”

This legal standard is deliberately high. The hardship must go substantially beyond ordinary family separation.

What Counts as Exceptional Hardship:

• Medical conditions requiring specialized treatment unavailable in your home country
• Children with severe disabilities who depend on your care
• Mental health conditions that would be severely exacerbated by your removal
• Educational needs that cannot be met if the family relocates (special education, therapy programs)
• Dangerous country conditions that would put your family at serious risk

What Typically Doesn’t Meet the Standard:

• Normal emotional pain from separation
• Economic difficulties (unless truly exceptional)
• General preference to remain in the United States
• Standard disruption to education or employment
• Two healthy parents, both employed, with children doing well in school

What You Should Do Now

If you have U.S. citizen children and you’re concerned about removal, take these steps:

Document Everything

Keep careful records of:

• Your continuous presence in the United States
• Your community ties and contributions
• Your children’s medical and educational needs
• Your role as primary caregiver
• Financial support you provide

Prepare for Custody Arrangements

Take action now:

• Identify trusted individuals who could care for your children
• Discuss arrangements with potential guardians
• Consult with a family law attorney about legal guardianship
• Formalize arrangements before enforcement action occurs

Know Your Rights

Remember these protections:

• You have the right to remain silent if approached by immigration enforcement
• You have the right to refuse entry to your home without a judicial warrant
• You have the right to an attorney (though not at government expense)
• You can refuse voluntary return and demand a hearing before an immigration judge

Don’t Wait for Enforcement Action

If you have potential paths to legal status:

• Through employment sponsorship
• Through family relationships
• Through asylum or other humanitarian relief

Explore these options now rather than waiting for removal proceedings.

Your Options If You Have US Citizen Children and Face Removal

At the Law Office of Lina Baroudi, we understand what’s at risk when families face removal proceedings. We’ve helped parents build strong cancellation of removal cases, gather compelling hardship evidence, and present their situations to immigration judges effectively.

If you have U.S. citizen children and you’re facing removal or worried about your immigration status, contact our office today to discuss your options.

We can evaluate whether you qualify for cancellation of removal, help you understand your legal rights, and build the strongest possible case to keep your family together. The immigration system may not prioritize families, but we do.