There are many reasons why someone that came to the United States may be
living here without documentation. Known as undocumented immigrants, they
live and work in the United States without the permission of the government.
Since the government has not recognized their residency, undocumented
immigrants do not have the safety and protections that are offered to those that
are recognized residents. Getting a green card can help provide these
Do you qualify for a Cancellation of Removal?
One of the common misconceptions about getting a green card in the United
States is the idea that residency will apply to any person that has been
in the United States for 10 years or longer, documented or not. This only
applies in a very specific scenario called "Cancellation of Removal."
This occurs when those already in Immigration Court and fighting deportation
request relief from their
deportation proceedings. They can only apply if they have been living in the United
States for 10 years or longer. The judge will look at their case and grant
a green card if it applies.
Some requirements for a Cancellation of Removal are:
- Involvement in an Immigration Court proceeding
- 10 years of continuous physical presence in the United States
- Proving removal would cause exceptional hardship for a spouse, parent, or child
- Family members that are affected are United States citizens or otherwise
- Showing good moral character
- Having a clean criminal record
Even if all of the requirements are met, it is still up to the subjective
opinion of the judge to grant a Cancellation of Removal.
Simply living in the United States does not make someone a citizen. Rigorous
standards must be met for someone to even qualify for a Cancellation of
Removal, and it is not a given that the standards will be enough to keep
them in the country.
If you or someone you know have been living in the United States without
the proper documentation, consult with an immigration attorney right away.
Our firm can help you navigate immigration issues and stay in the United
States without problems.
Robert Brown, LLC a call today!