Undocumented parents of children with health conditions

With growing immigration uncertainty, many undocumented parents of children with health conditions fear for the well-being and stability of their families.

Although there are immigration reliefs available, the doors are increasingly closed due to legal restrictions. Therefore, having the help of specialized immigration lawyers in Los Angeles is key.

42b immigration relief from cancellation of removal for undocumented parents of children with health conditions in the US in 2025

Cancellation of removal is one of the most important reliefs for undocumented immigrants, especially for parents of children with serious health conditions. 

If they qualify, they could obtain a Green Card and thus regularize their immigration status.

If an immigrant faces removal proceedings and has a child with special needs, this option can be essential to avoid family separation.

The impact of deportation on undocumented parents of children with health problems

The deportation of an undocumented parent causes great suffering for both the child and the parent:

• The children lose the emotional and physical support of their parents, causing stress and insecurity, affecting their well-being.
• Parents would suffer from not being able to be close to their child and provide key support at such crucial times.

Because of this, undocumented immigrants who have resided in the US for several years and face deportation may qualify for cancellation of removal.

With recent changes in immigration laws and the possible elimination of programs like DACA and TPS, more immigrants will seek to apply for this relief. However, the BIA ‘s approach to evaluating these cases has made it difficult for most applicants to obtain it.

Now more than ever, it’s crucial to contact experienced lawyers like those at Lluis Law.

How do our immigration attorneys in Los Angeles, California work with you?

At Lluis Law, our immigration attorneys are with you every step of the way:

1: Evaluation

They will study the factual events surrounding your case and review your child’s medical records to confirm eligibility.

2: Evidence

They will gather solid evidence, including medical records, that demonstrate the extreme hardship your children would face if you were deported.

3: Representation

They will represent you at hearings before the immigration judge, defending your case with solid and well-founded arguments.

4: Appeals

If necessary, our professionals will assist you through the appeals process to maximize your chances of success.

Schedule a consultation with our attorneys today to determine your eligibility and begin the path to stability in the U.S. 

What are the eligibility requirements for cancellation of removal for undocumented parents of children with health conditions?

Cancellation of removal is a complex process with strict requirements that include:

• Having resided in the US for 10 years or more before beginning the cancellation of removal process.
• Maintain good moral character ( 8 CFR § 316.10 ) during those 10 years.
• Not having been convicted of certain serious crimes.
• Having a qualifying relative (such as a citizen or lawful permanent resident child or spouse) who would suffer exceptional hardship if deported.
• Not having previously received cancellation of removal or other similar relief.

The process is limited to 4,000 applications per year, creating high competition. However, if you qualify, you could obtain a Green Card and a work permit while waiting for a decision.

What other immigration options do undocumented parents of children with health problems have?

If you do not qualify for cancellation of removal, you may have other reliefs available to regularize your status in the US. These include:

• U visa: Available for victims of certain crimes, such as domestic violence.
• T visa: For victims of human trafficking.
• Asylum: If the father or mother faces persecution in their country of origin.
• DACA: Temporary relief from deportation that allows you to legally remain and work in the country while your situation is resolved.

To explore all available options and receive the best advice, consult with our attorneys David and Ramiro Lluis, who have more than 50 years of combined experience in US immigration law.

FAQ’s about cancellation of removal for undocumented parents of children with health conditions

To understand this process, let’s explore a series of questions and answers that clarify who qualifies, the requirements, and how the process works.

Note: This is for general information only, and to obtain accurate solutions, it is essential that you contact us so we can evaluate the specific facts surrounding your scenario.

Can I qualify for cancellation of removal?

If you are an undocumented parent of a child with serious health conditions, you may be eligible to avoid deportation and obtain an employment authorization in the US. 

At Lluis Law, we work with you every step of the way to maximize your chances of success.

What is good moral character?

To qualify you must demonstrate good moral character, which includes:

• Not having committed certain serious crimes.
• Comply with tax and family obligations.
• Be a respected member of the community.

What is the process and the risks?

The process begins with a hearing before an immigration judge, where you submit evidence of your eligibility and the extreme hardship your child would face if you were deported. 

If the judge denies the request, there is a risk of deportation, although it is possible to file an immigration appeal. However, this process can take several years, depending on the caseload in immigration court.

What are extreme hardships?

Extreme hardship is the severe impact that your qualifying relative (citizen or lawful permanent resident) would suffer if you were deported. Some examples include:

• Serious illnesses requiring treatment in the US.
• Children with disabilities or special needs who receive specialized education or medical treatment in the US that is not available in their home country.
• Elderly parents who depend on you financially.
• Being the sole provider for your children without support in your home country.

When can you get an employment authorization?

If your cancellation of removal case is pending, you can apply for an employment authorization. This allows you to work legally in the US while you wait for a decision on your case.

Example of a 42b cancellation of removal case involving a child with health problems

The following case is fictitious but it illustrates very well thousands of real cases that occur today.

• Esther Arias and José Luis Paz are undocumented parents living in California;
• They have a 12-year-old son who was born with cerebral palsy and needs constant medical attention and care;
• Due to their medical condition, they applied for cancellation of deportation in immigration court;
• Fortunately, they met all the requirements;
• In light of this, the immigration judge accepted the case, as it was proven that deporting the parents would put the child’s health at risk.

This case shows how undocumented parents with children with special needs can qualify for lawful permanent residence through this relief.

If you find yourself in a similar scenario, you are not alone. Don’t hesitate to contact us in a 100% confidential no-obligation consultation.