Abstract
This paper advocates for expanding the scope of unlawful presence waivers under § 212(a)(9)(B)(v) of the Immigration and Nationality Act (“INA”) to include U.S. citizen offspring as “qualifying relatives.” Under current law, the waiver only recognizes hardship to U.S. citizens or lawful permanent resident spouses or parents, excluding offsprings entirely despite their central role in family life. This exclusion undermines decades of immigration policy prioritizing family unity and creates devastating consequences for mixed-status families, particularly where U.S. citizens, minors, or adults depend on undocumented parents for financial, emotional, or medical support. This paper traces the statutory and legislative history of unlawful presence provisions under the INA and demonstrates that the INA’s omission of children was not a deliberate congressional choice but an incidental consequence of broader enforcement priorities in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Through statutory interpretation, demand for Congressional action, and the evolving role of judicial review after Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024), this work argues that it is legally defensible and necessary for immigration reform to align with the family unity values found in the INA. The reform will underscore the humanitarian, and moral imperatives for including U.S. citizen offspring in the waiver framework either through congressional amendment or judicial interpretation, ensuring immigration law reflects the lived realities of American families.
First Page
1
Recommended Citation
Kevin J. Henriquez,
Rooted in Family Unity: Advocating for U.S. Citizen Children as Qualifying Relatives,
29
U.D.C. L. Rev.
1
(2026).
Available at:
https://digitalcommons.law.udc.edu/udclr/vol29/iss1/7