Many migrants live without legal status, under constant threat of deportation. That is why one of the most common doubts is: Can I fix papers if I have 10 years in the USA? This is where the Ten Year Law comes in. Today we will see how this process for cancellation of removal works.
Immigration laws are complex, and the processes to fix your status can be difficult to navigate. Don’t risk your future by facing these challenges on your own. At Urbina Immigration Law we can help you. Talk to our attorneys today and take the first step towards regularizing your immigration status.
Table of Contents
What is the Ten Year Law?
The misnamed Ten-Year Law does not exist as such but rather is a form of immigration relief known as cancellation of removal. Unlike many other immigration appeals, this one is not processed through USCIS, but is done before an immigration judge at the hearing.
What are the requirements to apply for cancellation of removal under the Ten Year Law?
To cancel your deportation through the Ten Year Law, you must meet the following requirements:
- Have been physically present in the United States continuously for at least 10 years before applying (the Ten Year Law).
- Maintain good moral character during the entire period of stay in the country.
- Not having been convicted of a criminal offense.
- Have family members who are citizens or permanent residents whose deportation would cause extreme hardship.
Please note that some crimes can be pardoned through an immigration waiver. However, this could mean another additional process. For this reason, it is essential to have the help of an immigration attorney. At Urbina Immigration Law we can assist you. Tell us about your case and secure your stay in the United States.
What documents do I need to submit for cancellation of removal?
Whether you are filing a defense to deportation through the Ten Year Law or some other means, you must submit the following documentation:
- Form 42B: This form gives eligible nonpermanent residents the opportunity to apply for cancellation of removal and obtain lawful permanent resident status….
- Immigrant ID: Also known as an A-Number, this 8 or 9 digit number is assigned to each immigrant and is used to identify them in the immigration system, as well as to obtain information on the status of their case. You can find it in documents provided by ICE and the immigration court, such as the Notice to Appear and Form I-213.
- Documents from previous immigration cases: It is crucial to collect all documents related to any other immigration cases you may have. These could serve as evidence of legal entry into the country or of good conduct. On occasion, a Freedom of Information Act (FOIA) request may be necessary to obtain case files from USCIS.
- Identification and relationship documents: If you have family members who are citizens or permanent residents, it is advisable to gather all the documentation that proves your relationship with them. This type of documentation can be very useful in a deportation defense, as it could facilitate an adjustment of status or other immigration benefits that may prevent removal.
- Court records of criminal cases: If you have been charged with or been a victim of a crime, it is advisable to submit copies of all court records, even if the case was dismissed. These documents may be beneficial for deportation defense by allowing for immigration waivers or access to certain types of visas, depending on the circumstances.
- Letters of support: Letters of support written by friends and family play a significant role in a deportation defense case. These letters can be evidence to the court that the individual has ties in the United States and/or has loved ones who can provide support throughout the process.
Do not face an immigration court alone. At Urbina Immigration Law we are here to provide you with the support and representation you need to deal with an order of removal. Talk to one of our attorneys and let’s prepare together the strong defense you need to protect your future in the United States.
What is the deportation defense process like?
The process of defending against deportation through the Ten Year Law can be summarized in the following steps:
Step 1: Submit EOIR Form 42B/42A
The first step is to send Form EOIR 42B or EOIR 42A, along with the appropriate fee, to USCIS and the Immigration Court.
Step 2: Prepare testimony and schedule an appointment
Here you will need to prepare your testimony showing that you deserve the discretionary grant of cancellation of removal. Once prepared, you must schedule an appointment with the judge for an immigration hearing.
During the hearing, you will be asked to present all documents, affidavits, and testimony from resident family members or citizens who would suffer extreme hardship if you were deported.
Step 3: Judge’s discretionary decision
If the immigration judge determines that the evidence presented is sufficient, the removal proceedings will be canceled and permanent residence will be granted. The judge’s decision to grant or deny the application for cancellation of removal is completely discretionary.
The cancellation of removal process can be difficult and immigration laws are complex and ever-changing. Therefore, it is advisable to seek the help of an immigration attorney to assist you in every step of the process. At Urbina Immigration Law we can help you. Contact us today and let’s protect your future in the United States together.
Are there other forms of defense against deportation?
In addition to the Ten Year Law, there are other types of defenses to deportation. Some of the most commonly used are:
- Asylum: This option provides refuge to those who face past persecution or fear future persecution in their home country because of their race, religion, nationality, social group, or political opinion.
- Adjustment of Status: This process allows individuals to change their immigration status from temporary nonimmigrant to permanent resident, usually through a petition filed by their spouse, family member, or employer. It is important to note that certain background information, such as criminal convictions, may affect eligibility for adjustment of status.
- Voluntary Departure: Often considered a last resort, voluntary departure allows an individual to leave the United States without facing a formal removal order, as long as he or she admits illegal presence and has the means to return to his or her home country. However, it is important to keep in mind that this is irrevocable and could have negative consequences.
Each of these legal remedies has its own requirements and the necessary documentation also varies. Therefore, it is best to enlist the help of an attorney to advise you on the best remedy for your case. At Urbina Immigration Law we can help you. Tell us about your case and secure your future in the United States.
Can I fix papers if i have 10 years in the usa?
Yes, with this benefit you could not only cancel your deportation, but also obtain permanent residency through Form 42B thanks to the Ten Year Law. However, you will have to comply with some requirements and present certain documentation, so it is advisable to seek legal advice.
How can my family take advantage of the Ten-Year Law?
After obtaining cancellation of removal, permanent residency is extended to the alien applicant and, generally, to other family members independently eligible for residency, thus benefiting the entire family unit.
What happens if I re-enter the United States illegally after being deported?
Under federal law, the consequences of illegal reentry can include fines and prison sentences. For illegal re-entrants without aggravating circumstances, the penalty can be up to two years in prison. If the individual has prior criminal convictions, the sentence can be up to twenty years in serious or aggravated cases.
What happens if I do not leave the country within the period established in my voluntary departure?
If you do not leave the country within the specified time period, you will automatically be placed in removal proceedings. In these cases, the punishment for failure to comply with voluntary departure is a 10-year ban on re-entry to the U.S. and fines of up to $5,000.
How long does it take to resolve a deportation appeal?
Generally, the deportation appeal process takes about 6 months on average, although court decisions can take years. However, the process can be expedited or delayed depending on the complexity of your case.
Legal aid to cancel deportation
As we have seen, the misnamed ten-year law can be not only a great defense against deportation but also the gateway to permanent residency. However, immigration laws and processes are extremely complex and should not be taken lightly. For this reason, the help of an immigration attorney is essential in handling your case.
Don’t risk your future by dealing with the immigration system on your own. At Urbina Immigration Law we can provide you with the quality legal assistance you deserve. Our lawyers are prepared to put all their knowledge and dedication to defend your rights. Tell us your case today and let’s defend your rights together.
Sources
USCIS – Application for Suspension of Deportation or Cancellation of Removal
USCIS – Notice of Appeal Before the Board of Immigration Appeals
USA.gov – Learn about how the deportation process works
Other resources
How to avoid deportation in the U.S.: the complete guide
How to Apply for Voluntary Departure: Steps, Benefits and Requirements
Penalty for Voluntary Departure: Advantages and Disadvantages
What to do if you have a deportation order?
Immigration Form 42B: the remedy for cancellation of removal in the U.S.
How long does it take to resolve a deportation appeal in the United States?
Did you know that illegal re-entry into the United States has serious consequences?
What is a Migratory Waiver and how should I apply for it?
What are the requirements for family reunification in the United States?
