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Get Your Green Card Easily, if You Have Been in US for 10 Years

-- 20 April 2009 --

Relief from removal for those who do not have a green card

An individual in removal proceedings who is not a legal permanent resident may still qualify for cancellation of removal if certain requirements are met (see below). If you qualify, then you may well be on your way to obtaining a green card. Applying for a cancellation of removal is a complex process. It is highly advisable to consult an experienced lawyer who primarily deals with immigration matters on a daily basis.

Requirements:

  • Must have a lawful permanent resident or United States citizen spouse, parent, or child underage 21 who will suffer exceptional and extremely unusual hardship if the applicant is deported.
    • Hardship examples include, but are not limited to:
      • an individual who has young U.S. citizen children whose primary language is English
      • an individual whose father or mother suffers from heart problems
  • Must have sufficient proof of continuous physical presence in the United States for at least 10 years preceding the date of cancellation of removal application.
    • Individual absences of up to 90 days are permitted, so long as the total is no more than 180 days
  • Cannot have any criminal conviction that renders the applicant deportable or inadmissible.
    • Criminal conviction examples include, but are not limited to:
      • Murder, rape, or sexual abuse of a minor
      • Illicit trafficking in drugs, firearms, destructive devices, or explosive materials
  • Cannot have any other activities that would tend to show that the applicant lacked good moral character during the 10 years before the application.
    • Examples of persons NOT of good moral character include, but are not limited to:
      • Habitual drunkards
      • Persons who have engaged in prostitution, commercialized vice, and/or alien smuggling
      • Aliens previously removed
      • Aliens suspected of being controlled substance traffickers

 


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