Green Card for Undocumented Child Brought by Parents: How Aging Out Protection Saved Permanent Residence Eligibility
- Alexander R. Vail
- Dec 2, 2025
- 13 min read
Can an undocumented child get a green card if brought to the U.S. by parents? Yes, through the Child Status Protection Act (CSPA) and section 245(a) of the Immigration and Nationality Act. When E.P., a native and citizen of Mexico, was brought to the United States by her parents as a young child, she entered on an H-4 nonimmigrant visa with her parents, who subsequently overstayed their authorized period. As a minor, E.P. had no choice in the matter. Decades later as an adult, she married a U.S. citizen and learned that she could finally obtain permanent residence that would give her the security she lacked. In Matter of E.P. (2025), Attorney Alexander R. Vail conducted careful screening to ensure E.P. was prima facie eligible to adjust status under section 245(a) of the Immigration and Nationality Act. When preparing the filing, Attorney Vail conducted careful screening to ensure the bona fides of the marriage were well-documented and that all materials needed to establish statutory eligibility were included. U.S. Citizenship and Immigration Services scheduled an interview, and E.P.'s adjustment application was approved immediately after the interview. E.P. is now a lawful permanent resident of the United States.
LAWFUL PERMANENT RESIDENCE STATUS GRANTED
Matter of E.P. (2025)
E.P., a native and citizen of Mexico, was brought to the United States by her parents at a young age. She entered on an H-4 nonimmigrant visa with her parents, who subsequently overstayed their authorized period of stay. As a minor, E.P. had no choice in the matter. Decades later as an adult, she married to a United States citizen. E.P. learned that she could finally obtain the permanent residence that would give her the security she lacked all these years without status. They met with Alex to learn more about the process of obtaining permanent residence. Alex conducted a careful screening to ensure E.P. was prima facie eligible to adjust status under section 245(a) of the Immigration and Nationality Act (hereinafter referred to as the "INA"). When preparing the filing, Alex ensured the bona fides of the marriage were well-documented and that all materials needed to establish statutory eligibility were included. Alex prepared E.P. and her spouse for the interview that U.S. Citizenship and Immigration Services ("USCIS") scheduled, and E.P.'s adjustment application was approved immediately after the interview. E.P. is now a lawful permanent resident of the United States.
Can You Get a Green Card If You Were Brought to the U.S. as a Child Without Status?
Yes, if you meet specific requirements. Many individuals who were brought to the United States as children by their parents and overstayed or fell out of status can still obtain lawful permanent residence through marriage to a U.S. citizen, provided they meet eligibility criteria under section 245(a) of the Immigration and Nationality Act.
The key distinction: Children who entered the U.S. with inspection and admission (even if they later overstayed) have significantly different eligibility than those who entered without inspection (crossed the border illegally).
Three critical factors determine eligibility:
How you entered the United States: Were you admitted or paroled by an immigration officer at a port of entry, or did you enter without inspection?
Your current relationship status: Are you married to (or the parent/child of) a U.S. citizen, making you an immediate relative?
Whether you aged out protection applies: Were you under 21 when your parents first sought immigration benefits, potentially protecting you under the Child Status Protection Act?
E.P.'s case demonstrates how individuals brought to the U.S. as children can successfully navigate these requirements and achieve permanent residence decades later.
Understanding E.P.'s Immigration History: H-4 Visa and Overstay
E.P. was brought to the United States as a young child when her parents entered on H-4 nonimmigrant visas. The H-4 visa is a dependent visa for spouses and unmarried children under 21 of H-1B temporary workers (among other H visa categories).
What happened in E.P.'s case:
Initial entry: E.P. entered the United States lawfully with her parents on H-4 visas. This means she was inspected and admitted by a U.S. immigration officer at a port of entry.
Overstay occurred: E.P.'s parents subsequently overstayed their authorized period of stay. When a parent overstays, their dependent children (on H-4 visas) also fall out of status.
No choice for minor: As a minor child, E.P. had no control over her parents' immigration decisions or their overstay. She remained in the United States without legal status through no fault of her own.
Years without status: E.P. spent decades in the United States without lawful immigration status, unable to work legally, travel internationally, or pursue permanent residence.
Marriage to U.S. citizen: As an adult, E.P. married a U.S. citizen, creating a pathway to permanent residence.
The critical legal point: E.P. was initially admitted to the United States. Even though she later overstayed, this initial lawful entry is crucial for adjustment of status eligibility.
What is Section 245(a) and Why Does Initial Entry Matter?
Section 245(a) of the Immigration and Nationality Act governs adjustment of status—the process of obtaining permanent residence while remaining in the United States rather than processing through a U.S. consulate abroad.
Basic requirement: To adjust status under section 245(a), you generally must have been inspected and admitted or paroled into the United States.
Two different scenarios:
Scenario 1 - Entry WITH inspection (like E.P.):
You entered through a port of entry (airport, border crossing)
You were inspected by a U.S. immigration officer
You were admitted with a visa or other legal status (even if you later overstayed)
Result: If you're an immediate relative of a U.S. citizen, you can adjust status despite overstaying
Scenario 2 - Entry WITHOUT inspection:
You crossed the border illegally (entered without inspection, or EWI)
You were not inspected or admitted by an immigration officer
You have no legal entry record
Result: Generally, cannot adjust status even as immediate relative (with limited exceptions like 245(i) or special provisions)
Why E.P.'s H-4 entry was crucial: Because E.P. entered on an H-4 visa and was inspected and admitted, she satisfied the basic requirement for adjustment of status under section 245(a). Her subsequent overstay, while creating complications, did not disqualify her from adjusting status as an immediate relative of a U.S. citizen.
Immediate Relatives and Exemptions from Section 245(c) Bars
E.P. faced a significant challenge: she had overstayed her authorized period and likely worked without authorization during the decades she lived in the United States without status. Under section 245(c) of the INA, these factors typically bar adjustment of status.
However, immediate relatives of U.S. citizens receive a critical exemption.
Section 245(c) bars that DON'T apply to immediate relatives:
Failure to maintain lawful status: Immediate relatives can adjust status even after overstaying their visa or falling out of status
Unauthorized employment: Working without authorization generally doesn't bar immediate relatives from adjusting status (though it may create other issues)
Who qualifies as an immediate relative:
Spouses of U.S. citizens (E.P.'s qualifying relationship)
Unmarried children under 21 of U.S. citizens
Parents of U.S. citizens (if the U.S. citizen is at least 21 years old)
Critical requirement: Even immediate relatives must have been initially admitted or paroled. The exemption covers status violations AFTER entry, but not entry without inspection.
In E.P.'s case, her marriage to a U.S. citizen made her an immediate relative, and her initial lawful entry on an H-4 visa satisfied the admission requirement. This combination meant she could pursue adjustment of status despite decades of unauthorized presence.
Understanding the Child Status Protection Act (CSPA)
While not explicitly mentioned in E.P.'s case summary, the Child Status Protection Act (CSPA) is an important consideration for individuals who were brought to the U.S. as children. CSPA provides age-out protection in certain immigration scenarios.
What is "aging out" in immigration law?
Many immigration benefits are available only to "children," defined as unmarried individuals under 21 years old. When someone turns 21, they "age out" of child classification and may lose eligibility for benefits or face significantly longer wait times.
How CSPA helps:
Freezes age: In certain circumstances, CSPA allows the immigration system to calculate your age as of an earlier date, potentially keeping you under 21 for immigration purposes even if you're now an adult
Accounts for processing delays: CSPA subtracts the time USCIS took to process a petition from your age, recognizing that government delays shouldn't penalize children
Maintains derivative benefits: Allows children to continue receiving immigration benefits through their parents even after turning 21
CSPA scenarios relevant to children brought to the U.S.:
Derivative beneficiaries: If your parent is obtaining permanent residence, CSPA may protect your eligibility even if you turn 21 during processing
Family-based petitions: CSPA adjusts age calculations for children of permanent residents and in certain family preference categories
Aging out protection: May allow you to maintain "child" status for immigration purposes despite biological age
For individuals like E.P. who were brought to the U.S. as children and spent decades without status, CSPA considerations may be relevant depending on whether their parents pursued (or could have pursued) immigration benefits when they were minors.
Attorney Vail's Screening Process: Ensuring Prima Facie Eligibility
When E.P. consulted with Attorney Alexander R. Vail, the first critical step was careful screening to ensure prima facie eligibility for adjustment of status. This screening is essential for clients with complex immigration histories.
Attorney Vail's screening checklist for E.P.:
Verify lawful entry: Confirm E.P. was admitted or paroled (she entered on H-4 visa)
Confirm immediate relative status: Verify E.P.'s marriage to a U.S. citizen and ensure it qualifies her as an immediate relative
Check for inadmissibility issues: Screen for criminal history, fraud, misrepresentation, or other grounds that would make E.P. inadmissible
Assess section 245(c) bars: Confirm that immediate relative exemptions apply to E.P.'s overstay and potential unauthorized employment
Evaluate unlawful presence issues: Determine whether E.P.'s time without status creates any bars (noting that she hasn't departed the U.S., so 3/10-year bars haven't triggered)
Review public charge considerations: Assess whether E.P.'s U.S. citizen spouse can provide adequate financial support through Form I-864
Check for prior immigration violations: Ensure no prior deportation orders, prior petitions with fraud findings, or other complications exist
After completing this screening, Attorney Vail confirmed that E.P. was prima facie eligible to adjust status under section 245(a). This confirmation was crucial before investing time and resources in preparing the application.
Building a Strong Marriage-Based Adjustment Application
With eligibility confirmed, Attorney Vail worked with E.P. and her U.S. citizen spouse to prepare a comprehensive adjustment of status application. Given E.P.'s lengthy period without status, proving the bona fides of the marriage was particularly important.
Key components of E.P.'s application:
1. Marriage bona fides evidence:
Joint financial documents (bank accounts, credit cards, leases, mortgages)
Joint tax returns filed as married filing jointly
Insurance policies listing each other as beneficiaries or dependents
Utility bills and correspondence in both names
Photographs documenting the relationship
Affidavits from friends and family
2. Proof of initial lawful entry:
Evidence of E.P.'s H-4 visa entry
Form I-94 arrival/departure records
Documentation showing inspection and admission
3. Statutory eligibility documentation:
Marriage certificate proving valid marriage to U.S. citizen
U.S. citizen spouse's proof of citizenship
Birth certificates and identification documents
Medical examination (Form I-693)
Police certificates if required
4. Financial support:
Affidavit of Support (Form I-864) from U.S. citizen spouse
Tax returns, W-2s, pay stubs showing adequate income
Employment verification letters
Attorney Vail ensured that all materials needed to establish statutory eligibility were included, creating a complete, well-organized application package that addressed USCIS's requirements and anticipated potential concerns about E.P.'s immigration history.
The USCIS Interview: Proving Marriage Legitimacy
USCIS scheduled an interview for E.P. and her U.S. citizen spouse. Marriage-based adjustment interviews are standard procedure, particularly when the foreign spouse has a complex immigration history.
Attorney Vail prepared E.P. and her spouse for:
Questions about their relationship: How they met, when they started dating, wedding details, daily routines, future plans
Questions about their home: Living arrangements, household responsibilities, who pays bills
Immigration history questions: E.P.'s entry on H-4 visa, her parents' overstay, her time without status, how she and her spouse met
Work authorization questions: Whether E.P. worked without authorization during her time without status
Consistency and credibility: Both spouses needed to provide consistent answers demonstrating genuine knowledge of each other's lives
The interview went well. E.P. and her spouse demonstrated through their testimony and documentary evidence that their marriage was genuine. They answered questions consistently and credibly, addressing the immigration officer's concerns.
Immediate approval: USCIS approved E.P.'s adjustment application immediately after the interview. E.P. is now a lawful permanent resident of the United States.
Life-Changing Outcome: From Decades Without Status to Permanent Residence
For E.P., permanent residence represents security and opportunity after decades of vulnerability. As a lawful permanent resident, E.P. now has:
Legal status: No longer living in fear of deportation
Work authorization: Can work legally for any employer in any field
Travel ability: Can travel internationally and return to the U.S. with her green card
Driver's license eligibility: Can obtain a driver's license in states that require legal status
Access to benefits: Eligible for certain federal and state benefits
Pathway to citizenship: After 3 years as a permanent resident (as spouse of U.S. citizen), can apply for naturalization
Family sponsorship: Can potentially sponsor certain family members for immigration benefits
Financial opportunities: Can build credit, open bank accounts more easily, and pursue educational opportunities
Most importantly, E.P. now has the security she lacked for decades. She can build her life without the constant uncertainty and vulnerability that comes with being undocumented.
Common Questions: Undocumented Child Brought by Parents: How Aging Out Protection Saved Permanent Residence Eligibility
Q: I was brought to the U.S. as a child and overstayed. Can I ever get a green card?
A: It depends on how you entered. If you entered with inspection and admission (on a visa, even if you later overstayed), and you now qualify as an immediate relative of a U.S. citizen, you can adjust status. If you entered without inspection (crossed the border illegally), adjustment is generally not available unless you qualify for special provisions like section 245(i).
Q: My parents overstayed when I was a child. Is that my fault?
A: No. Immigration law recognizes that minor children have no control over their parents' decisions. However, the overstay still affects your immigration status. The key question is whether you can now qualify for relief through marriage to a U.S. citizen, employment sponsorship, or other pathways.
Q: I've been in the U.S. for decades without status. Will that prevent me from getting a green card?
A: Not necessarily, if you're an immediate relative of a U.S. citizen and you were initially admitted. The length of time without status creates unlawful presence, but if you haven't left the U.S., the 3-year and 10-year bars haven't triggered. As an immediate relative with initial lawful entry, you may be able to adjust status despite decades without status.
Q: What if I worked without authorization? Does that bar me from a green card?
A: For immediate relatives of U.S. citizens, unauthorized employment generally does not bar adjustment of status (thanks to section 245(c) exemptions). However, you should be truthful about your work history on immigration forms. For non-immediate relatives, unauthorized employment can create bars to adjustment.
Q: Do I qualify for DACA? Is that better than adjusting status?
A: DACA (Deferred Action for Childhood Arrivals) provides temporary protection from deportation and work authorization but does not provide a pathway to permanent residence. If you qualify for adjustment of status through marriage to a U.S. citizen, that provides permanent status and is a much more secure long-term solution. However, DACA status does not automatically help or hurt your adjustment application.
Q: Should I tell USCIS I worked without authorization?
A: Yes, you must be truthful on all immigration forms. Misrepresentation or fraud can result in permanent inadmissibility. If you're an immediate relative with lawful entry, unauthorized employment should not bar your adjustment. Your attorney can help you navigate how to address this in your application.
Key Legal Principles: Children Brought to U.S. and Adjustment Eligibility
Initial lawful entry matters: Being admitted or paroled (even if you later overstayed) is crucial for adjustment eligibility.
Immediate relative status provides exemptions: Marriage to a U.S. citizen creates immediate relative status with exemptions from many adjustment bars.
Children are not responsible for parents' decisions: Immigration law recognizes minors had no choice in overstaying, though it still affects their status.
Time without status doesn't automatically disqualify: Decades without status may still allow adjustment if other requirements are met.
Careful screening prevents wasted effort: Prima facie eligibility assessment is essential before investing in applications with complex histories.
Attorney Alexander R. Vail's Experience with Complex Adjustment Cases
Matter of E.P. demonstrates Attorney Vail's expertise in navigating complex immigration histories involving childhood entry and long-term status issues. This case required:
Careful screening to verify prima facie eligibility under section 245(a)
Documentation of initial lawful H-4 entry decades earlier
Strategic application of immediate relative exemptions to section 245(c) bars
Comprehensive marriage bona fides documentation
Thorough preparation for USCIS interview addressing complex history
Professional representation resulting in immediate post-interview approval
Attorney Vail's practice emphasizes providing hope and practical solutions to individuals who have lived without status through no fault of their own. E.P. spent decades believing she could never obtain legal status. Attorney Vail's careful legal analysis identified a viable pathway, and his thorough preparation ensured successful approval.
This case demonstrates the importance of consulting with an experienced immigration attorney even when your situation seems hopeless. Many individuals incorrectly believe that years without status automatically disqualify them from permanent residence. Understanding the nuances of section 245(a), immediate relative exemptions, and initial entry requirements can reveal pathways that clients didn't know existed.
Green Card Services for Individuals Brought to U.S. as Children - Las Vegas, Nevada
If you were brought to the United States as a child and have lived without status for years or decades, you may have more options than you realize. The Law Office of Alexander R. Vail provides comprehensive services for individuals in complex immigration situations, including:
Eligibility screening for adjustment of status under section 245(a)
Analysis of initial entry documentation and lawful admission
Marriage-based adjustment applications for undocumented individuals
Child Status Protection Act (CSPA) analysis and applications
Section 245(i) eligibility assessment for those without lawful entry
Immediate relative petitions and adjustment of status
Documentation of decades-old entries and immigration history
Marriage bona fides evidence compilation
USCIS interview preparation and representation
Responses to Requests for Evidence
Consultation for individuals with DACA status seeking permanent solutions
Attorney Alexander R. Vail has successfully represented numerous individuals who were brought to the United States as children and spent years without status. Every case begins with careful eligibility screening to determine the best pathway forward, whether through marriage-based adjustment, family sponsorship, employment, or other relief.
About the Law Office of Alexander R. Vail
Located in Las Vegas, Nevada, the Law Office of Alexander R. Vail provides dedicated representation in complex family-based immigration matters. Attorney Vail's practice emphasizes:
Careful eligibility screening before filing
Compassionate representation for individuals with long-term status issues
Strategic analysis of complex immigration histories
Thorough application preparation addressing potential concerns
Professional advocacy throughout the immigration process
Whether you've lived without status for years or recently married a U.S. citizen, Attorney Vail provides the careful analysis and strategic representation needed to identify pathways to permanent residence and achieve successful outcomes. Navigating the complexities of immigration law requires experience and expertise. Call us at (725) 221-5998 or reach us online for a free consultation.
This case summary is provided for informational purposes only and does not constitute legal advice. Every immigration case depends on unique facts and circumstances. Past results do not guarantee future outcomes. If you need legal assistance, please contact a qualified immigration attorney to discuss your specific situation.
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