Can Children Of Undocumented Become Citizens?
Familia America attorneys are well-versed in immigration law. Find out if children of undocumented immigrants can become citizens.
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Can children of undocumented become citizens?

Aug 24, 2017 Familia America Citizenship, Immigration

Although the children of illegal immigrants should not be blamed for their parents’ decisions, this is not always the case. Undocumented children often have to face the same fate as their parents. If the children of undocumented immigrants were born in the USA they may have some luck. However, children that were born in foreign countries are still categorized as illegal immigrants.

The DACA program has helped some of these children remain in the United States temporarily but it’s not sure if this protection will continue under current strict immigration laws. To find out about how you can obtain permanent residency for you and your family, contact Salt Lake City immigration attorney Gloria Cardenas.


Undocumented immigrants can be deported any time if immigration authorities find out about their current immigration status. In most cases, both the parents and their children can hire an attorney to protect their rights. It’s not common for immigration authorities to go after the children but rather immigrants with criminal records. Even in such cases, illegal immigrants are entitled to hire an attorney. There are many options available to illegal immigrants that only an experienced Salt Lake City immigration attorney will be able to explain after carefully analyzing the circumstances of the immigration case.


If you are an illegal immigrant and your child was lucky to be born in the United States, there is something called “birthright citizenship” where your child can be conferred right away. There have been efforts to change this law but it’s still valid. Some wealthy immigrants have abused this law and come to visit the United States in order to give birth on American soil and automatically grant the citizenship to the foreign baby. In spite of many immigration reforms, the birthright citizenship stills stand and will not undergo changes anytime soon.

Attending schools

Undocumented children are legally allowed to attend school just as permanent residents and citizens do. They are actually commanded to do so under current state’s laws. Even public schools can’t create barriers and withhold a good education from these children. Undocumented children can also have free breakfast and lunch or any other benefits the school is offering to the less fortunate children.


This is a program established by President Obama in 2012. The programs allow children who came to the United States as children to receive two years of protection from deportation. He wanted to extend the protection period to 3 years in 2015 but due to many lawsuits, it’s still awaiting approval. DACA is not a way to get a green card but rather an opportunity to buy time and hire an attorney that will help you get one.

Can children born in the United States petition for undocumented parents?

This is only possible after the child turns 21 and meets other requirements. Some parents think having a child born in the U.S. can automatically help them get a green card but that’s very far from the truth. As a Salt Lake City immigration attorney about what are your rights under current immigration laws.

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