Immigration Lawyer Ari Sauer – The Immigration Answer Man

Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.

Can someone get a green card based on the fact that they have a US citizen child?

English: 'USCIS To Issue Redesigned Green Card'

English: ‘USCIS To Issue Redesigned Green Card’ (Photo credit: Wikipedia)

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 get green cards based upon the fact that we have a U.S. citizen child?


THE IMMIGRATION ANSWER MAN- ARI SAUER: No. A U.S. citizen can petition for their parents to become Permanent Residents (green card holder), 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 a green card 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 parents.

In certain circumstances, the parent of a U.S. citizen will be eligible for relief from removal (deportation) 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 lawyer 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.

If you would like assistance with this process or you would like to discuss this or other issues further, you can schedule a consultation with me by calling 1-800-343-4890 or 901-682-6455 or by clicking here to

schedule a consulation appointment with an immigration lawyer.

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Submit questions to The Immigration Answer Man by emailing your question or by posting your question on FacebookTwitter or Google+. Questions submitted by email will be posted without the personal information unless specifically requested. Where appropriate, and only upon request, a link to your website or blog can be included on The Immigration Answer Man blog. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation.

* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.


2 comments on “Can someone get a green card based on the fact that they have a US citizen child?

  1. Jordan
    November 26, 2015

    Hello,my name is Jordan and I am 18 years old.My question is regarding my mother.I was born in the U.S.,but my mother was born in Mexico.My mother used to have a green card , but it has expired 15 years ago.My mother applied for a renewal but still hasent gotten a responce after more than 15 years wait.Is there anything I can do to check on my mother’s green card status,can I do anything to help my mother in her process, should my mother reapply?Thank you for your help!

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