Even if you have U.S. citizen children, you are not necessarily safe from deportation. Plus, you don’t automatically get to legally live in the U.S. if you have a child who is a U.S. citizen because he or she was born in the U.S. While there are a few possibilities for obtaining a green card as a result of having a U.S. citizen child, none of them will allow you to avoid deportation in all circumstances. For example, a U.S. citizen child can petition for you to receive a green card, but only after he or she has turned 21. Plus, if you entered the country without authorization, you still may have difficulties in obtaining a green card. Your petition for your green card may become much more complicated in this type of situation, and may not always be successful, despite the fact that you have a U.S. citizen child. Another option that might allow you to remain in the U.S. is the exercise of prosecutorial discretion, which prioritizes the deportation of immigrants with criminal backgrounds over immigrants who work and contribute positively to the economy. This principle allows Immigration and Customs Enforcement (ICE) agents to opt NOT to deport you, at least for the time being. While you cannot get a green card through the exercise of prosecutorial discretion, you can avoid deportation for some period of time. However, ICE is often inconsistent in applying this policy, and the Trump administration is trying to discourage the use of prosecutorial discretion in all situations. In recent months, ICE has prioritized the deportation of all undocumented immigrants, no matter whether they have a criminal history or not. At Landerholm Immigration, A.P.C., we care about you, and we want to help you preserve your home in the United States. If you or a family member fears deportation, you need to speak with an experienced immigration attorney right away. We focus our law practice solely on deportation defense cases, which allows us to focus all of our efforts in standing up for the rights of those who are facing potential deportation. Our California deportation defense lawyers know how to gather persuasive evidence to support your case and we know all of the procedural ins and outs of the U.S. deportation system. Allow us to handle your deportation case by contacting us today to schedule an appointment.
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