Green card through child in the United States is not impossible, but requires a lot of patience and very long term thinking. The reason for it is simple: In order to get a green card, you need to be sponsored. Your sponsor-child must be a US citizen and must be an adult (over 21 years of age). If these conditions are not met, there is no green card category under which you can qualify for a green card.
So if your adult child happens to be a US citizen, you can go ahead and apply for green card. The green card for parents, which is technically the green card through child, is typically available through immediate family green card category. So if your adult child happens to be a US citizen, you can go ahead and apply for green card using a traditional green card application process.
Green Card Through Child: Non-Adult US Citizen
However, if you think that by merely giving birth to a child in the United States would qualify you for the immigration benefits, perhaps, you may be disappointed. It is true that a child born on the US soil is automatically granted a US passport or US citizenship. However, no immigration privileges are available for the US citizen’s parents, even if they must be around to take care of the kids.
Foreigners Pursue Green Card Through Child in the United States?
A report originally prepared by the Wall Street Journal, and later picked up by several other media outlets, highlights how well-off Brazilian citizens choose to have their babies in Miami, FL, a Latino capital of the United States. While this may be driven by many considerations, including less than ideal medical infrastructure in Brazil or cost of quality medical treatment in South America, we would like to highlight an important argument for giving birth in the U.S. because it may eventually open up a path to a green card. LatineOne reports:
How Do Parents Take Care of Kids Without Green Card Through Child
So, assuming this report is accurate, how do the parents of the US citizen children legally stay in the United States? We think the parent may split her time between her country of origin and the U.S. while on long-term tourist of business visa. This arrangement would allow her to take care of her children in America.
Another path may be through seeking asylum. The asylum green card application may require one to demonstrate extreme hardship of returning with the child to your home country. It may also require to demonstrate that the child may be unsafe there, so that real risk to his or her health and well-being will be present if the parent is not granted a green card.
One way or another, one can try to seek an accelerated path towards a green card through child. The normal path would otherwise take more than 20 years. For some people this long time horizon may work, especially on the top of comfort that their children will be raised in the United States.