- Have you lived in the United States continuously for at least 10 years?
- Are you a person of good moral character?
- Do you have a child, spouse or parent who is an American citizen or a permanent resident?
- Can you show that if you were to be removed from the United States your child, parent or spouse will experience exceptional and extremely unusual hardship?
If you answered yes to these questions, you may be eligible to obtain permanent resident status (“Green Card”) in the United States. How?
While in removal proceedings, you may have your removal from the United States cancelled and be granted the relief of adjustment of your status to that of a permanent resident (green card). This relief can only be obtained while you are in removal proceedings. Therefore, if you are not already in removal proceedings, you would have to legally initiate one to be able to seek this relief. There are many ways to do that (but that is not the focus of this report).
In order to qualify for cancellation of removal, you must appear in Court, before an Immigration Judge, and demonstrate your eligibility for this relief. Generally, there are four things that you must establish:
- That prior to the service of a Notice to Appear (the document asking you to appear before the Immigration Judge), you have maintained continuous physical presence in the United States for ten (10) years or more. Your manner of entering the United States is not relevant.
- That throughout your period of stay in the United States you have been a person of good moral character.
- That you have not been convicted of any serious crime.
- That your removal from the United States would result in exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent or child.
How To Prove Your Case
- Ten Years Continuous Presence
- Proof of date of entry (U.S. visa, Form I-94, entry stamp etc.) or manner of entry.
- Proof of continuous physical presence (e.g. bank statements, leases, deeds, licenses, receipts, birth certificates of children, social security administration records or any other documents and/or information that can show that you have lived continuously in the United States for at least 10 years)
- Good Moral Character
- Police record for all jurisdictions in which you have resided
- Affidavits of witnesses (preferably US citizens)
- Testimony and affidavits of family members
- Affidavit / testimony from employer
- Exceptional And Extremely Unusual Hardship
- Proof of qualifying relative (U.S. citizen or Permanent resident child, spouse or parent) – birth certificates, marriage certificate, naturalization certificates etc.
- Documentation of qualifying relative’s situation in the US (school records, living conditions, treatments if medical issues, etc.
- Documentation of your home country’s condition
- Documents pertaining to your particular situation
- Expert testimony regarding any and/or all relevant issues including but not limited to country conditions
- Testimony and affidavit from family and friends.
- Medical records if relevant
- Documentation of assets and liabilities if relevant
The above-stated is only a very basic outline. It is meant to provide only a general description of the process and requirements. If you decide to consult with us, Law Offices of Fogam & Associates, LLC, we will analyze your case and provide you with more details regarding this relief as well as your particular situation. It has been our experience over the years that like each individual, each case has its unique twist.
This Special Report is intended to provide basic information about the selected legal topic. The information is provided solely for informational purposes and does not create a business or professional relationship with the Law Offices of Fogam & Associates, LLC, Edwin K. Fogam, or any of our individual attorneys, or affiliates. This is not presented as legal advice. Each person’s legal needs are unique. Laws change frequently, and it is possible that some of the information here may no longer be true at the time of reading, or may not apply to someone in your situation or jurisdiction. You should consult with an attorney familiar with the law in your jurisdiction and your particular situation before making specific legal decisions.