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What if I Get Deported But My Children Were Born in the U.S.?

Immigration Law Center Inc. Oct. 10, 2023

Many people often migrate to the United States to seek improved work opportunities and build a comfortable life for themselves and their loved ones. However, as an immigrant – whether documented or undocumented – you still run the risk of being deported if you commit certain crimes or violate U.S. immigration laws. If you’re at risk of being deported, you may be concerned about what will happen to your family and if there’s anything that can be done to avert the deportation.   

At Immigration Law Center Inc., we enjoy helping and giving knowledgeable and trusted advocacy to clients in immigration-related matters. Our seasoned Georgia immigration law attorneys can analyze the conditions of your issues and tell you about your rights and the rights of your U.S.-born child if you’re deported. Also, we will fight vigorously for your rights and explore your available options to prevent deportation. Our firm proudly serves clients across Atlanta, Georgia, as well as Birmingham, Alabama. 

Can I Be Deported If I Have U.S.-Born Children? 

Under U.S. immigration laws, any child born in the United States will automatically be a U.S. citizen, even if the parent is undocumented or entered the country illegally. However, being the parent of a U.S.-born child doesn’t shelter you from deportation. 

It is important to note that only your children will be eligible for all the major benefits and perks of being a U.S. citizen. If you violate any immigration law or commit certain crimes or acts, you will still be deported to your home country. 

Furthermore, U.S. immigration laws allow citizen children over 21 years to file a petition for a parent to become a lawful permanent resident. However, the process is often complicated and requires detailed guidance from a knowledgeable immigration attorney. Among the available options to prevent deportation and adjust your status is by seeking cancellation of removal. 

Eligibility for Cancellation of Removal

Cancellation of removal is an immigration benefit that allows a non-permanent or permanent resident to apply for the immigration judge to adjust their status and prevent deportation. If your request is granted, your status will be adjusted from a deportable immigrant or alien to a lawful permanent resident (green card holder). 

Additionally, in order to be eligible for cancellation of removal and adjustment of status, you must meet the following requirements: 

  • You must have lived in the United States continually for at least ten years. 

  • You must have a qualifying family relationship, such as a U.S. citizen child or spouse. 

  • You must be of “good moral character.” 

  • You must have a clean criminal record or have not committed certain criminal acts. 

Also, you must show that if you’re deported or removed from the country, your U.S. citizen family member will suffer “exceptional” and “extremely unusual” hardship. In most cases, the immigration judge will approve or deny your cancellation of removal application based on their discretion. 

What Happens to My Child?

What will happen to your U.S.-born minor child will depend on the outcome of your cancellation of removal application or deportation hearing. Here’s what you can expect: 

  • If the deportation proceedings are still ongoing, you can request release from detention to take care of your children. 

  • If you’re deported and unable to arrange for childcare, your child will be taken by child protective services. 

  • If your child has been out of your custody for 15 out of the past 22 months, your parental rights may be terminated. 

  • Lastly, you must make a decision whether or not to bring your children with you to your home country or leave them in the United States. 

An experienced immigration attorney can help decide the ideal option and work to establish a solid reunification plan for you and your child following the deportation. 


You may be reunited with your children outside the United States, provided that there is a solid reunification plan. However, this will require substantial effort and collaboration of all parties involved, including the family members, U.S. federal and state agencies, and the U.S. embassy or consulate in the parent’s home country. You must be able to provide a safe and stable environment for the children in your home country. 

Talk to an Attorney for Help 

The thought of getting deported and losing your children can be terrifying. At Immigration Law Center Inc., we’re dedicated to handling complex immigration cases involving the deportation of parents with U.S.-born children. Our skilled lawyers can review your unique situation and explore your available options to prevent deportation and safeguard your children. In addition, we will fight vigorously for your rights and help you achieve the most favorable outcome for you and your children. 

Contact us at Immigration Law Center Inc. today to schedule an initial consultation with dependable immigration law attorneys. We can offer you the reliable representation and advocacy you need to achieve the best available outcome in your case. Our firm proudly serves clients across Atlanta, Georgia, as well as Birmingham, Alabama.