Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
QUESTION- I am a Canadian citizen who is in the U.S. in TN nonimmigrant status. My wife and oldest daughter are here in TD nonimmigrant status as my dependants. My wife and I recently had another daughter, who was born here in the U.S. and is a U.S. citizen. Can my family and I become Permanent Residents based upon the fact that we have a U.S. citizen child?
ANSWER- No. A U.S. citizen can petition for their parents to become Permanent Residents, but they must be 21 years old to do so. A U.S. citizen must be 18 years old to petition for a sibling. So you cannot receive Permanent Residence by virtue of having a U.S. citizen child who is a minor. If you become ineligible to maintain your TN status, and are unable to change or adjust to another status, you and your family will have to return to Canada. While your U.S. citizen daughter has the right to live in the U.S., that does not automatically grant you that right as her parent.
In certain circumstances, the parent of a U.S. citizen will be eligible for relief from removal by the government, called Cancellation of Removal, based upon meeting several criteria, one of which can be met by having a U.S. citizen child. However, that will be the topic of another posting.
If you wish to live in the U.S., I suggest that you speak with your company and an immigration law attorney about switching to an H-1B visa, which is a dual intent visa (which means you can have it even if you have shown an intent to live in the U.S. permanently), and having your company start the process of sponsoring you for a green card.