Can U.S. Citizen Children Stay In The U.S. While The Parent/s Are Deported?
Yes, the US citizen children can stay in the US while the parent or parents are being deported from the country.
The above is so because the 14th Amendment of the US Constitution states children who are born in the United States are US citizens. This constitutional right of the child remains valid even while the undocumented parent is being deported from the US.
Although the constitutional law protects the child’s right to stay in the US who was born in the US, but it also comes with an obligation to be fulfilled on behalf of the parent being deported from the US which is to mandatorily appoint a legal guardian for the child or children whom they choose to leave behind in the US after deportation.
Who Can The Parent appoint to be the legal guardian of the child in their absence?
Legal guardianship requirements are primarily governed by the state laws in the United States and every state has a different law. However, in general following are the points to be fulfilled while appointing a legal guardian for your child-
- The legal guardian could be an older sibling
- The legal guardian must have attained the age of 18 years.
- Must be a US citizen or person having legal immigration status For example, a lawful permanent resident.
- The legal guardian cannot be physically disabled.
- The legal guardian must be of a sound mind.
- Cannot be convicted of a felony involving harm or threat to a child.
- The final decision rests in the hands of the court while appointing the legal guardian as the court watches for the best interest of the child.
