You can apply for a green card or permanent residence after living in the United States for 10 consecutive years even if you do not have immigration status or entered the country without immigration inspection.
This procedure, which could protect you from being deported, is called: Cancellation of a removal order for non-permanent residents.
But the reality is that the procedures for cancellation of removal are so difficult to fulfill that in order not to get caught in the attempt, you must be advised by an immigration lawyer.
This opportunity to protect yourself against deportation is only available for a limited number of immigration cases.
WHO MAY AND MAY NOT APPLY FOR THE CANCELLATION OF A REMOVAL ORDER FOR NON-PERMANENT RESIDENTS?
- You can apply for the cancellation of a removal order for non-permanent residents if you have an open case in deportation or removal proceedings before an Immigration Judge in Immigration Court.
- If you do not have a date by which you must appear in court, you cannot apply for cancellation of removal.
- If you have previously appeared in Immigration Court and your case is closed because you have a final order of removal or deportation by an Immigration Judge, you cannot apply for the cancellation of your removal unless you can convince the Court Immigration to reopen your case.
The cancellation of a removal order for non-permanent residents is discretionary, meaning that even if you meet all the requirements, the Immigration Judge may decide that it does not deserve to be approved and reject your case.
To apply for cancellation of a removal order , for non-permanent residents you must verify that:
- You have been present in the United States for at least ten years. The ten-year period is measured from your entry date to the date you have been cited in Immigration Court
- Being absent from the United States for 90 consecutive days or having multiple absences totaling 180 days will cause your removal cancellation process to be denied.
- To have been a person of good moral character during those ten years.
- Have no criminal record for which you would have to be deported or would be inadmissible to the United States.
- Keeping tax returns up to date also serves to demonstrate good moral character.
- That his possible deportation would cause “exceptional and extreme suffering” to his citizen relative or permanent resident of the United States.
WHAT DOES “EXCEPTIONAL AND EXTREME SUFFERING CONSIST OF?
Many cases of cancellation of a removal order have been rejected because although the applicant has demonstrated that his deportation would cause suffering to his relative, that suffering is not considered “exceptional and extreme.”
To enter this category, you must demonstrate that your deportation would cause your child, father, mother, or spouse more suffering than normal suffering.
For example, deporting a child can cause undue hardship on the child and the parent. Deporting an immigrant who is married can cause undue hardship for your spouse and other family members who are in the country.
Economic limitations do not fall into this category.
If you believe you meet the requirements for cancellation of a removal order for non-permanent residents or have questions about this procedure, please ask us about your case.