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Eligible for US Green Card

You may qualify for a Green Card if you have been in the US for more than 10 years

Very often individuals who come to the United States feel that the process of getting the Green Card or Permanent Residency is very complicated. The Law Offices of Gehi & Associates has helped many applicants in obtaining their green cards. The right guidance and legal advice can assist you in easily obtaining your green card in the US. Among other options, if you have been physically present in the US for more than 10 years, you may be eligible for a green card. Our law firm has successfully handled several such cases.

If you have been continuously living in the US for more than 10 years and if you can show that there will be extreme, exceptional and unusual hardship to your US citizen children or US citizen parents or permanent resident parents or permanent resident spouse, you may still qualify for a green card by applying for cancellation of removal.

INA 240A(b) allows the Attorney General (usually an Immigration Judge or the Board of Immigration Appeals) to cancel the removal of a non-permanent resident from the U.S. who:

  1. Has been physically present in the U.S. for a continuous period of ten years prior to the institution of removal proceedings. “Continuous” means that the person cannot be out of the U.S. for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period.
  2. Has been a person of good moral character for ten years;
  3. Is not inadmissible under 212(a)(2) or (3) (criminal and security grounds) or deportable under 237(a)(1)(G) (marriage fraud), (2) (criminal grounds), (3) (failure to register and falsification of documents) or (4) (security and related grounds).
  4. Whose removal would result in exceptional and extremely unusual hardship to his/her spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

To establish 10 year’s continuous presence in the United States, documentation that can be submitted to support the application would include copies of birth certificates of children born during the relevant period; evidence of marriage during the period; evidence of employment during the period; academic records during the period; medical records during the period; copies of bank statements during the period; copies of income tax returns during the period; evidence of property purchased or leased during the period; copies of credit cards held during the period; and evidence of medical or life insurance held during the period.

However, the period of 10 year’s continuous physical presence is cut off on the earlier of the following: (1) when the applicant is served with the Notice to Appear before the immigration judge, or (2) the commission of certain specified offenses under the Immigration and Nationality Act. The 10 years continuous presence can also be cut if the alien left the United States for more than 90 days on any individual trip, or for any period in the aggregate exceeding 180 days, or leaves the United States under a grant of voluntary departure. An applicant who has served at least 24 months in active duty status in the armed forces does not need to fulfill the continuous physical presence requirements.

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