Are you an immigrant with a child with a disability?

Has someone told you that you can “get papers” or residency because your child has a disability?  If so, READ THIS FIRST.

​            ​People CAN'T get a green card or other immigration relief just because their child has a disability, even a very serious one. Immigration law has a list of ways to qualify for a green card or other immigration relief:  family Immigration, U VISA, Employment Immigration, T-VISA, Asylum, SIJS, etc. Being the parent of a disabled child is NOT on this list.  Immigration does not have an “application for papers based on having a disabled child.”

            Immigration judges can approve papers to some people who are in deportation proceedings, if the person meets specific requirements and if the judge finds that their situation deserves special treatment. Having a disabled child is one reason that an immigration judge might find that someone who is in deportation proceedings deserves special treatment. However, to “get papers” in this way you must be in deportation proceedings.
           
​            Some lawyers, notarios, and others put people in deportation proceedings with the plan of asking the judge to give them papers because of their disabled children. However, this is risky!  Nothing requires the immigration judge to decide to give the parent papers. The immigration judge could – and immigration judges do – instead order parents to leave the US (i.e. deport them).
           
​            If you are not in deportation proceedings, “applying for papers because you have a disabled child” means putting yourself in deportation proceedings and asking the judge to give you special treatment. If the judge does not think that you deserve special treatment in light of your particular situation, you will be deported. 
           
​            Don’t trust someone you barely know with your life without finding out more. Before you pay someone to help you with an immigration case:

1. Check the person’s record and license.
2. Get advice about your situation from one of the non-profit agencies listed below.  Many offer free or low cost services.