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
Entering immigration court proceedings is often the most challenging step in pursuing cancellation of removal. After avoiding arrest for a decade, you must actively seek removal proceedings, which can be more difficult than expected. U.S. immigration officials are overburdened, and reporting an undocumented person doesn’t guarantee action.
Another way to initiate removal proceedings is by applying for other immigration benefits. For example, if you marry a U.S. citizen and apply for adjustment of status but fail to prove the marriage’s legitimacy, you may be referred to immigration court. Similarly, asylum applicants who cannot convince USCIS of their fear of persecution may also face removal proceedings.
Some undocumented individuals intentionally submit applications knowing they will be denied. However, this strategy is risky, as immigration judges may discover the deception. Filing a frivolous or fraudulent application can damage your credibility and legal standing, potentially 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.
Can I apply for a Green Card if I’m currently undocumented
Yes, it is possible to apply for a Green Card if you are currently undocumented in the United States, but the process is complex and varies based on individual circumstances. Here are the primary pathways available:
1. Family-Based Sponsorship
If you have a close family member who is a U.S. citizen or lawful permanent resident, they may be able to sponsor you for a Green Card. However, the process differs based on how you entered the U.S.:
- Entered Legally: If you entered the U.S. legally (even if you overstayed your visa), you may be eligible to adjust your status without leaving the country.
- Entered Illegally: If you entered without inspection, you typically must go through consular processing, which means returning to your home country for an interview at a U.S. embassy or consulate. This often requires obtaining a waiver for unlawful presence, which can be challenging.
2. Registry
Undocumented individuals who have lived continuously in the U.S. since before January 1, 1972, may qualify for a Green Card through registry. To be eligible, you must demonstrate:
- Continuous residence since your entry.
- Good moral character.
- Not being deportable under current immigration laws.
The application involves submitting Form I-485 (Application to Register Permanent Residence or Adjust Status) along with supporting documentation.
3. Asylum
If you fear persecution in your home country, you may apply for asylum. If granted asylum, you can apply for a Green Card one year after receiving asylum status.
4. Humanitarian Programs
Certain humanitarian programs, such as the U visa for victims of crimes or T visa for victims of human trafficking, can lead to permanent residency. Applicants must meet specific criteria related to their victimization and cooperation with law enforcement.
5. Employment-Based Sponsorship
If you have skills that are in demand, an employer may sponsor you for a Green Card. This typically involves obtaining labor certification and filing an immigrant petition on your behalf
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a K-1 Fiancé(e) Visa or an U Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
