Frequently Asked Questions On Immigration
Green Cards for Those Living in USA for 10 Years
Q.
Tell we about the permanent residence for people who have been here for more than 10
years. My brother and his wife have lived in Virginia for 12 years. He has a USA born
child but hasn't succeeded in getting permanent residence.
A. Getting permanent residence based on 10 years' residence in the United
States is difficult and risky. To qualify for what the law calls "cancellation of
removal'" your brother would need to prove "exceptional and extremely unusual
hardship" to a U.S. citizen or permanent spouse, parent or child. To apply your
brother would have to get himself placed in removal (deportation) proceedings. If the
immigration judge denied his request, the INS would deport him. Tell him to talk to an
immigration expert. Applying for cancellation of removal is not for the faint-hearted.
(By Alan Wernick)
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