Immigrant Children With Legal Status May Still Face Deportation

 Posted on May 10, 2022 in Immigration

People from other countries have multiple different avenues for immigrating to the United States. However, the immigration process can be long and complex, and even if a person follows all of the correct procedures, they and their families may face issues that affect their legal status and their ability to stay in the United States. While many lawmakers and immigration officials have recognized that immigrant children who have grown up in the U.S. deserve protections that will allow them to avoid deportation, the options for many of these “dreamers” are limited. People in these situations can consult with an experienced immigration attorney to determine the steps they can take to continue living in the United States.

Problems Facing “Documented Dreamers”

There are many situations where immigrants come to the United States as children, and when this is the only country they have ever known, forcing them to leave the U.S. and resettle elsewhere may cause extreme hardship for them and their families. Congress has attempted to address this issue through the proposed Development, Relief, and Education for Alien Minors (DREAM) Act, which would provide qualifying minors with a path to citizenship. While the DREAM Act has not been passed, other programs, such as Deferred Action for Childhood Arrivals (DACA), have attempted to address this issue.

While the DREAM Act and related proposals have addressed undocumented immigrants who came to the U.S. as minors, they have failed to address children who have a legal immigration status. In many cases, “documented dreamers” came to the United States with their families legally, but once they reach the age of 21, their legal status may expire, putting them at risk of deportation.

The issues that documented dreamers face are often due to extensive wait times for Green Cards for those who entered the U.S. on employment-based visas. A maximum of 140,000 employment-based Green Cards may be issued each year, but only 7 percent of these Green Cards may be issued to people from a certain country. This means that a maximum of 9,800 Green Cards are available to people from one country each year. Because, of this, there is a massive backlog of Green Card applications, and people can sometimes wait decades before receiving approval. Children of immigrants who entered the U.S. legally may be documented, but once they reach the age of 21, they will no longer have a legal status. Because of this, they may be subject to deportation, even if they have been living in the United States since a young age and have no ties to their country of origin.

Contact Our Lombard Deportation Defense Attorneys

Immigrants who may potentially face deportation will need to understand their legal options. At Mevorah & Giglio Law Offices, we can help immigrants determine what forms of relief may be available, including requesting cancellation of removal in cases where deportation may result in extreme hardship for a family. We will work to ensure that those who came to the U.S. as children will be able to continue living in the country that they have made their home. To set up a free consultation and learn how we can help with your case, contact our Naperville immigration lawyers at 630-932-9100.