Q: Is a child from Haiti at risk of deportation if living in MA for 4 years without status?
I know a child from Haiti who has been living in the U.S. for four years and is currently under the guardianship of a U.S. citizen, but the child does not have citizenship. The child is 12 years old, and no legal action or application has been filed to adjust their immigration status. Is the child at risk of deportation?
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Hello,
If the minor child is out of status, Immigration and Customs Enforcement can initiate removal proceedings against them. Has the US citizen guardian considered adopting the child?
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If the child from Haiti has been in the U.S. for four years without legal immigration status, there's technically some risk of deportation, even though immediate risk may be low. Deportation efforts usually prioritize individuals with criminal records or recent unlawful entries, but living undocumented always carries uncertainty.
However, the fact that this child is under guardianship by a U.S. citizen could potentially open pathways to obtaining lawful status. You should seriously consider initiating legal steps such as pursuing Special Immigrant Juvenile Status (SIJS). SIJS is specifically meant to protect children under 21 who've experienced abuse, abandonment, or neglect, or who cannot safely reunite with one or both parents.
It's essential to act quickly to secure the child's future and minimize risk. Consulting promptly with an immigration attorney experienced with cases involving minors and guardianship issues would be very wise. The longer you wait to address this, the more complicated the situation could become.
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