Getting Deported Despite Having A Child Born In The U.S

You may be aware that under US law children who are born in the United States are automatically given U.S citizenship. However, parents of children which are born in the United States but are classed as illegal aliens and don’t have the same rights as their US-born children. To discover if you can be legally deported as the parent of a child born in the United States, simply continue reading for detailed information.

Can Having A Child Born In The U.S. Save You From The Risk Of Being Deported If You Are Undocumented?

Could I Be Deported If I Have A Child Born In The U.S?

The short answer is yes, it’s routine procedure for illegal aliens to be deported from the United States even if they have a child or several children who were born in the United States. However, any child of an illegal alien cannot be deported from the United States. If you are detained and issued with a deportation notice, you will have two distinct options for your US-born child or children. You can choose to leave your child or children in the care of a trusted individual who agrees to become their legal guardian or you can travel to your country of origin with your child or children.

If a parent opts to leave their child in the United States and they don’t have a friend or family member who is willing and able to become their child’s legal guardian, the child in question will become a ward of the state. Children who become wards of the state will be placed into the foster system, so parents need to think carefully before choosing to leave their child in the United States without a willing guardian to raise their child.

How Children Could Help Their Parents Gain Permanent Residency

Once a child who is a US citizen turns 21, they’ll be able to sponsor their parents, in order to help their parents, gain permanent residency in the United States. This makes it extremely difficult for children to help their parents gain Green Cards. Firstly, as it is unlikely that their potentially undocumented parents will be able to remain in the United States for such a long time period, without being caught and deported. Secondly for a child to petition for Green Cards for their parents, they’ll have to prove that they have the finances to support their parents in the United States. In some cases, an adult child may only be able to afford to sponsor one of their parents which is a difficult situation.

Potential Risks To Illegal Aliens That Apply For Green Cards Through An Adult Child

Adult children sponsoring their parents is also a potentially dangerous experience as their parents may have their Green Cards declined for spending over 180 days in the United States as illegal immigrants. As individuals who enter the country on tourist visas and remain in the US past the duration of their tourist visas are likely to be deported. Even if they are raising a young family.

Undocumented Foreign-Born Children Could Be Deported From The U.S

Avoid Major Consequences If You Are In Deportation Proceedings Within The United States

While children who are born in the US cannot be legally deported from the country, children who are illegal aliens can be deported to the country that they were born in. In some cases, if parents who are illegal aliens have children who were born overseas and children that were born in the United States, only their children who were born in the US will have a right to remain in the United States.

Due to this law, many families are separated as a result of deportations, or children who are born US citizens end up leaving the country, with the rest of their family and losing out on all of the opportunities which the United States has to offer.

If You Are Caught Hiding From Immigration Authorities As An Illegal Alien

If you are caught hiding as an illegal alien, immigration authorities are likely to transport you to a detention center, where you’ll be guarded until the date of your immigration hearing. In some situations, you may be able to await your immigration hearing in your home by posting bail. If you’re curious about whether your US-born child will also be held in your detention center with you, as long as you can prove that they were born in the United States they should be able to stay with a trusted friend or family member.

If your child who was born in the US is illegally detained in a mention center, your best option is to hire an attorney to represent their best interests and to help free them from the detention center that they’re being kept in. However, if you have children who were born outside of the United States who are not legal residents, it’s likely they will also be held in a detention center with you.

Some Negative Consequences Of Being Deported

If you are deported to your country of your origin, you won’t be able to return to the United States immediately, instead, you’ll need to wait several years until you’ll be able to return to the US. Also keep in mind that if you are caught illegally living in the US a second time, the penalties for being deported two times will be a lot harsher.

Voluntarily Agreeing To Leave The U.S

If it’s safe to travel back to your country of origin with your whole family, you may want to consider voluntarily leaving the US. As your US-born children won’t lose their citizenship and if you leave the US without being deported, you will be able to return to the US as temporary or permanent Visa holders in the future. As the US looks favorably upon individuals who choose to leave on their own terms over individuals who wait to be forcibly deported.


If you are currently residing in the United States as an undocumented alien, it’s not advisable to have a child in the United States in order to try and remain in the country as having a child who is a US citizen will not grant you permanent residency. If you require further immigration advice, it’s a great idea to contact an experienced immigration attorney.

Could You Go To Jail If You Are Getting Deported
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