Many undocumented immigrants in the United States wonder if they can get a green card by being in the country for ten years this process is known as cancellation of removal and it has a lot of misconceptions. In this guide, we will look at the common myths and explain how eligible undocumented individuals can realistically apply this.
Understanding the Ten-Year Green Card
It is not as straightforward as it sounds and It’s only available as a defense against deportation, meaning you must be in removal proceedings before an immigration court judge to apply.
Unlike other immigration benefits where petitions can be submitted directly to the U.S. government, this situation requires that apprehension by Immigration and Customs Enforcement (ICE) or initiation of removal proceedings in immigration court has occurred. This has led some affected individuals to resort to drastic measures to enter immigration court, including engaging in unlawful activities or falling victim to scams.
Eligibility Criteria
If removal proceedings are experienced, specific requirements must be met to be considered for a ten-year green card:
Family Relationship: Close family members, such as U.S. citizens or lawful permanent residents (LPR), must be present. These family members, such as parents, spouses, or unmarried children under 21, must face “exceptional and extremely unusual hardship” if deportation were to occur.
Residence Requirement: A minimum of ten years of continuous physical presence in the U.S. must be demonstrated, calculated from the date of continuous physical presence within the United States.
Possess good moral character: You must demonstrate that you have an upstanding moral character.
Have not been convicted of certain crimes: Certain criminal convictions or legal violations may disqualify you.
Proving ten years of presence in the U.S. is just the beginning. The most challenging aspect for most applicants is demonstrating the degree of hardship their deportation would impose on their U.S. citizens or LPR family members. This often involves unique and compelling circumstances, such as a family member’s medical or psychological issues worsening due to your departure.
Methods to Enter Immigration Court Proceedings
Getting into immigration court proceedings is the most challenging part of pursuing cancellation of removal. After a decade of avoiding arrest by immigration authorities, you must actively seek removal proceedings, which is often more difficult than anticipated. U.S. immigration officials are overburdened, and even reporting an undocumented person does not guarantee follow-up.
Another way to enter removal proceedings is by applying for other immigration benefits. For instance, marrying a U.S. citizen and applying for adjustment of status but failing to convince U.S. Citizenship and Immigration Services (USCIS) of the marriage’s legitimacy may result in being referred to immigration court. Similarly, asylum applicants who do not convince USCIS of their fear of persecution may face removal proceedings.
Some undocumented individuals deliberately submit such applications, knowing they will fail. However, this strategy is risky because immigration judges may uncover the deception. Submitting a frivolous or fraudulent application can harm your credibility and legal standing, possibly leading to permanent ineligibility for other immigration benefits.
Risks of Removal Proceedings
It’s crucial to understand that the primary purpose of removal proceedings is to initiate deportation. If you place yourself into these proceedings and lose your case, you might be able to appeal to the Board of Immigration Appeals and, subsequently, to federal court with legal representation. However, the outcome could be deportation.
Additionally, many immigration judges see their role as enforcers of immigration law. You cannot choose your judge, and some judges may not be sympathetic to your situation. Judges have discretionary authority and may deny cases based on their judgment.
Seek Legal Assistance
Navigating the complex legal terrain of cancellation of removal and immigration court proceedings is challenging. Therefore, it’s highly advisable to consult with an experienced attorney who can provide a comprehensive analysis of your case’s potential for success, recommend viable strategies for applying for cancellation of removal, and assess the risks associated with deportation if your case is unsuccessful.
If you are arrested and placed into immigration court proceedings, legal representation becomes indispensable. An attorney can offer essential guidance and advocacy during this critical phase.
While the idea of obtaining a ten-year green card (cancellation of removal) is appealing to many undocumented individuals in the U.S., it involves navigating a complex legal process with strict eligibility criteria and significant risks. Seeking professional legal counsel is essential to making informed decisions and maximizing your chances of a successful outcome in immigration court proceedings.
