Recently, a client asked me if she could obtain a green card (or permanent residence) through her disabled minor child. Many others have asked me the same question so I will explain whether this is possible or not.
Whether a US citizen child can petition for their parents depends on many factors. The most important factor is whether the child is over the age of 21. Children over the age of 21 can petition for a green card for their parents as long as they can prove their household income is sufficient to support their family, including their parents. Children under the age of 21 are not allowed to petition for a green card for their parents.
Under current immigration laws, a child’s disability, by itself, does not qualify a parent to obtain a green card through their child. Even if the parent becomes a full-time care-giver due to the child’s disability, the disability alone will not qualify the parent for a green card.
Once the child has reached the age threshold, the child will be able to help their parents correct their immigration status. If the parents are currently without status or entered without inspection, that will affect whether the parents are eligible for a green card or the process necessary to achieve it. I have written in detail about these cases here.
Always seek the assistance of an immigration attorney to help you sort out your individual case. We can evaluate your case and determine what type of relief is available for you and your family.
DISCLAIMER: The purpose of this article is for educational use only. The information contained in it does not constitute legal advice and an attorney-client relationship is not created by reading this post.
Christian Veras, Esq.