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 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
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* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. 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.