HAVE YOU HEARD RUMORS, AND QUESTIONS ABOUT THE TEN YEAR IMMIGRATION LAW?
Cancellation of Removal for non-permanent residents is one way to acquire a green card. However, people frequently misunderstand this rule of law. If anyone tells you that you are automatically entitled to a green card – simply because you have lived in the US under the Ten Year Immigration Law – this “advice” is wrong, and can lead to serious problems with your attempts at getting a green card if you aren’t prepared.
- The only place to apply for Cancellation of Removal is before an Immigration Judge, not with the Immigration Service.
- You must show that you have been in the US for at least 10 years between arrival and being served with papers by Immigration. Hence, the Ten Year Immigration Law.
- You must have good moral character during the 10 years. Run-ins with police, failure to pay taxes, and fraud are common problems that interfere with proving good moral character.
- You have to prove that your removal would result in exceptional and extremely unusual hardship to your spouse, parent, or child who is a US citizen or green card holder.
- The hardship level makes or breaks cases. You must focus on the health and ages of your spouse, parent, or child. Also look at your home country conditions – its economy, educational, medical and employment opportunities.
- In recent years, many Cancellation of Removal applicants are receiving “administrative closure,” based on a plea bargain-style deal through Prosecutorial Discretion. Instead of green cards, these folks are entitled to renew work permits indefinitely.
- Only 4000 immigrants can win Cancellation of Removal in a year.
Time and time again, people ask me about this application and I need to explain the Ten Year Immigration Law for their protection. Speak to a superior immigration attorney about Cancellation of Removal.
Thanks for reading. If you have any questions regarding this, or other Immigration-related issues, please do not hesitate to contact me.
