Does Having an American Citizen Child Reduce Your Chances of Deportation? 

 Posted on July 30, 2025 in Immigration

For many immigrant parents, the hope that having a U.S. citizen child will protect them from deportation is deeply felt. In reality, under U.S. immigration law, having a child born in the United States does not automatically prevent removal. However, there are certain situations where it can be a factor in a removal defense.

As of July 2025, the Department of Homeland Security may consider the extreme hardship that deportation would cause to a U.S. citizen child, but it does not guarantee that you can stay if you are facing removal. Parents facing removal proceedings in San Francisco need to act quickly to protect their rights and understand their options. Our Bay Area immigration attorneys are here to help.

Can a U.S. Citizen Child Stop Deportation?

Having a child who is a U.S. citizen does not provide automatic legal status to parents. Immigration and Customs Enforcement (ICE) can still initiate removal proceedings against undocumented parents. However, your child’s citizenship may open the door to certain forms of relief:

• Cancellation of Removal: In some cases, parents can apply for cancellation of removal if they can prove that deportation would cause "exceptional and extremely unusual hardship" to their U.S. citizen child. Those who are eligible for this need to show "good moral character" and proof that they have not been convicted of certain crimes.

• Deferred Action: While not a permanent solution, deferred action may delay removal for parents of citizen children under specific circumstances. This typically happens as a result of "prosecutorial discretion," meaning that because the U.S. cannot deport everyone, authorities focus on priority cases and defer taking action against law-abiding undocumented immigrants with family ties.

• Family-Based Petitions: A U.S. citizen child cannot petition for their parents’ residency until the child turns 21.

These options are complex, and success often depends on presenting detailed evidence and strong legal arguments.

Your Attorney’s Cultural Competence Matters in Deportation Cases

For many South Asian and Muslim families, deportation is not only a legal issue but also a cultural and religious one. Leaving the U.S. might mean returning to a country where your child has no ties or where your family could face social or political challenges. An attorney who understands these concerns can present a more complete picture of your situation to the immigration court.

Attorney Karim speaks, reads, and writes Bengali fluently, providing comfort and clarity for Bengali-speaking clients navigating this stressful process. Our firm is deeply committed to serving the South Asian and Muslim communities across the Bay Area.

Contact a Bay Area Immigration Attorney

If you are facing deportation and want to understand how your U.S. citizen child may affect your case, call a trusted San Francisco, CA immigration lawyer at Hafey & Karim today at 214-506-0671. We provide support in English and Bengali and have translators for Spanish, Hindi, Punjabi, and Urdu so your family can communicate with confidence.