Unfortunately, many immigrants living in the United States without migratory documents are constantly subjected to the fear of deportation. Immigration laws are complex, and the processes to adjust legal status are very difficult to navigate. Additionally, many things can go wrong and lead to expulsion from the country. But do not despair if this is your case, not everything is lost yet.
Many immigrants wonder: “Is it possible to apply for cancellation of deportation and adjustment of status?” In reality, the sometimes mistakenly called “the ten-year law,” the process to apply for cancellation of deportation and thus obtain a Green Card or Permanent Residence consists of a series of complex steps and requirements that should not be carried out without professional legal assistance.
At Jaskot Law, we can help you and defend you in a deportation process. Contact us!
What does the ten-year law consist of?
The ten-year law, or better known as Cancellation of Deportation or Removal, is a crucial immigration relief for those without proper documentation who are facing a deportation case.
Unlike many other immigration tools, this relief is not filed or processed before the United States Citizenship and Immigration Services (USCIS). Instead, it is pursued before an immigration judge in court. Non-permanent residents have the opportunity to request a change from being a deportable alien to a legally admitted immigrant eligible for permanent residency.
What are the requirements?
Those interested in cancellation of removal must meet the following requirements to be eligible:
- Have been continuously physically present in the United States for at least 10 years before the filing of the application (hence the name ‘the ten-year law’).
- Demonstrating good moral character throughout the entire period of stay in the country.
- Not having been convicted of a felony crime.
- Having U.S. citizen or permanent resident family members for whom the deportation of the foreign relative would cause exceptional hardship.
None of this is as simple to prove as it seems, especially the requirement regarding citizen or resident relatives. Therefore, it is important to consult a professional.
How long does the visa last once the status is obtained?
Once status is obtained through Cancellation of Deportation, it can be maintained indefinitely. It can only be revoked in the case of a violation of the rules surrounding Permanent Residence.
Is it possible to renew it?
At least for now, the application for Cancellation of Removal or Cancellation of Deportation can only be submitted once. If something happens and your Permanent Resident status is removed, or the immigration judge denies your cancellation, it is not possible to renew your immigration relief.
Can my family benefit from the ten-year law?
Once Cancellation of Removal is granted, Permanent Residence is only extendable to the alien applicant and, generally, to any other family members who are independently eligible for residence.
What documentation do I need to process the cancellation of deportation?
Now, this information is essential to initiate the Cancellation of Removal process and demonstrate evidence that the requirements are met through the following documentation requested from the applicants in court:
- Proof that the applicant has resided in the United States for at least ten years. These may include copies of tax returns.
- Police reports from all jurisdictions in which the applicant has resided.
- School records of the children of the U.S. citizen or lawful permanent resident concerned.
- Medical records or evidence of physical ailments of the immediate relative that would establish an “exceptional and extremely unusual” hardship if present.
- Therapy records or psychiatrist/psychology reports on the effects of removal of a family member on a U.S. citizen or permanent resident, if any.
- Evidence of property or assets in the United States belonging to the immigrant applicant.
- Investments in the country or bank accounts belonging to the applicant.
- Evidence of conditions in the applicant’s home country that may result in exceptional and extremely unusual hardship to the citizen or permanent resident relative.
How is the application process?
Despite it may seem obvious, the first condition to apply for Cancellation of Removal is indeed being in the process of deportation. However, knowing for sure whether you have a deportation case or not is not always straightforward. Therefore, it is possible to request a Notice to Appear from the United States Citizenship and Immigration Services (USCIS) and then transfer the case to the Immigration Court. Having an immigration lawyer in each of these processes is essential since deportation proceedings can be very complicated.
READ OUR ARTICLE: How Do I Know If I Have A Deportation Order?
Step 1: EOIR Form 42B/42A
The first thing you must do is file the EOIR 42B or EOIR 42A form, along with the appropriate fee, with the USCIS and the Immigration Court.
Step 2: Prepare testimony and arrange appointment
This is a complex step for every applicant. This is where the testimony must be prepared, and an appointment set before the immigration judge for an immigration hearing. During this hearing, the applying immigrant must present all documents, sworn statements, and testimonies from qualified family members who would suffer exceptional hardship if the foreigner is deported
Step 3: Judge’s discretionary decision
In the event that the immigration judge decides that the evidence presented by the applicant is sufficient, the deportation proceedings will be cancelled, resulting directly in the granting of a permanent residence or Green Card. That is, the judge’s decision to grant or deny your request for cancellation of removal is entirely discretionary.
Where do I file for cancellation of removal and adjustment of status?
As mentioned above, the processing and approval or disapproval of the Cancellation of Removal is done in an Immigration Court, unlike many other immigration proceedings that take place before USCIS.
Do I need legal assistance to carry out the process?
It isdefinitely essential to use an immigration lawyer specializedin deportations and Cancellation of Removal. Without such legal assistance, it is very likely that your case will fail in court, and you will have to leave the country.
The Cancellation of Removal process is not straightforward; it involves many steps and requires extensive documentation. Ultimately, everything will depend on how everything is presented. The judge will determine your future based on their discretion and what they see in court. If they are not convinced by the evidence presented, it can seriously impact your immigration status. Therefore, we recommend seeking the assistance of a trusted professional immigration lawyer.
Although the ten-year law can get you residency, it has many risks. From the office of Jaskot Law we have told you what it is and how it works.
If you need more information to initiate your Cancellation of Removal proceedings, or you have any questions or concerns, contact our office, and we will get back to you promptly. Contact us at +1 (410) 235-6868.