Can my US citizen children help me fix my legal status?

I have no prior petitions – can my child still help me?

Again, that depends. Your child can always petition for you, but unless you entered with a visa, you will not be eligible to adjust your legal status. Once the petition is approved, then you will have to leave the country and go to the US consulate for an interview for your immigrant visa. The problem is that if you were in the United States without legal status for a year, then you will have a 10 year punishment where you will not be able to come back into the United States. There are no waivers available unless you have a US citizen/lawful permanent resident spouse or YOUR parent is a US citizen spouse/lawful permanent resident and you can show that that spouse or parent will suffer extreme hardship if you aren’t allowed back in the United States, you will have to wait ten years outside the US to be able to use that petition that your child did for you. Therein lies the problem. A lot of parents of US citizens do not have a qualifying relative for a waiver, and thus, will be facing a ten-year bar if they leave the United States and try and obtain the immigrant visa.

So are these the only options?

Again, it is important to talk about your individual case with an immigration attorney, but there are a limited number of other options available. If you have Temporary Protective Status (TPS) or Deferred Action for Childhood Arrivals (DACA), or if your child is in the military, there may be options for you.

Also, there is a possibility that the Supreme Court will approve the Deferred Action for Parents of US citizens/lawful permanent residents (DAPA) and you may have the option of obtaining work authorization. However, this is a discretionary benefit, and each presidential administration can decide whether the program stays in place or not, so you should talk with a licensed immigration attorney about the benefits and risks before applying, if the Supreme Court allows for DAPA to go forward.