Many clients contact me and are somewhat confused over an application that is available in immigration court known as Cancellation of Removal. Many people believe if they have been in the United States over 10 years that they can apply for a Green Card. Unfortunately, that is not true. Many concerns that people have when they are at risk for removal or deportation include is that they have established a life in the United States over the last ten years and are worried that they will have to return to their country of origin. They may have children and a spouse here and do not want to have to leave them.
However, there is a law that can be used as a defense to deportation in removal proceedings that can grant permanent resident status to a person if they can prove that they have been in the United States for at least 10 years, that during their time in the United States they have fulfilled certain qualifications. Those include, in addition to living in the United States for at least ten years, they have been a person of good moral character, and, lastly and most importantly, they can show extreme hardship to a US citizen or permanent resident spouse, child or parent. These things must occur in immigration court and do not exist through an affirmative application that can be filed just with USCIS.
If you are in need of experienced legal counsel for matters of immigration, please contact the Law Offices of Salvatore A. Falletta, LLC.