Key Takeaways:
- Obtaining a Green Card after 10 years in the U.S. is not guaranteed, but certain options exist for long-term residents, such as cancellation of removal, family-based sponsorship, or employment-based immigration.
- Cancellation of removal is a defense against deportation that can lead to a Green Card for certain non-permanent residents who have lived in the U.S. for 10 years.
- Family-based sponsorship by a U.S. citizen or Green Card holder, employment-based immigration, asylum or refugee status, and registry are other potential pathways to obtaining a Green Card.
Many immigrants come to the United States with the hope of building a better life, and obtaining a Green Card is a significant milestone in that journey. Commonly known as the ticket to permanent residency, a Green Card allows non-citizens to live and work legally in the U.S. indefinitely. A common question many long-term residents ask is whether they can get a Green Card after being in the U.S. for 10 years. Let’s delve into this topic to understand the possibilities and legal pathways available.
Can Long-Term Residence Lead to a Green Card?
One might think that living in the U.S. for a significant period, such as 10 years, would automatically set them on a path to permanent residency. However, simply residing in the country for a decade doesn’t provide a direct route to acquiring a Green Card. U.S. immigration law is complex and has specific criteria for eligibility for permanent residency.
Specific Cases: Cancellation of Removal
There is a form of relief known as “Cancellation of Removal” that may be available to certain non-permanent residents who have lived in the U.S. for at least 10 years. This is a defense against deportation that, if granted, can result in the individual obtaining a Green Card. To qualify, an individual must meet the following criteria:
- Have been physically present in the U.S. for 10 years continuously.
- Have had good moral character during that period.
- Not have been convicted of certain crimes.
- Establish that deportation would cause extreme hardship to a U.S. citizen or permanent resident spouse, parent, or child.
It’s important to note that this is not a simple application process. It typically arises during removal proceedings in immigration court and requires a judge’s approval. Anyone considering this path should consult with an immigration attorney to evaluate their specific situation.
Family-Based Immigration
Another possibility for securing a Green Card involves being sponsored by a family member who is a U.S. citizen or current Green Card holder. The categories for family-based immigration include immediate relatives of U.S. citizens, such as spouses, children under the age of 21, and parents. Other family preference categories apply to more distant family relationships. While this method does not depend on the duration of your stay, it requires that the relationship meets the legal definitions and priorities set by U.S. Citizenship and Immigration Services (USCIS).
Employment-Based Immigration
For those who have been working in the U.S. for several years, employment-based immigration might be a viable avenue to a Green Card. Individuals with certain skills, education, and work experience might be eligible for permanent residency sponsored by an employer. Categories range from priority workers, such as those with extraordinary abilities or advanced degrees, to skilled workers and professionals.
Asylum or Refugee Status
If you entered the U.S. as a refugee or were granted asylum, you could apply for a Green Card one year after your asylum status or refugee admission date. This pathway is not directly related to being in the U.S. for 10 years but is worth mentioning as an option for certain residents.
Registry
Registry is a provision in immigration law that allows individuals who have been present in the United States since January 1, 1972, to apply for a Green Card, regardless of their current immigration status. However, they need to meet other eligibility requirements, including demonstrating good moral character.
Violation of Laws and Consequences
It’s critical to acknowledge that unlawful presence in the U.S. can lead to severe consequences, regardless of how long someone has lived in the country. Overstaying a visa or violating the terms of your stay can make you ineligible for a Green Card and subject to deportation. Those who are undocumented should seek legal advice to carefully navigate their options.
Application Process and Legal Advice
To apply for adjustment of status to a permanent resident, Form I-485 must be completed. The process involves a series of steps, including background checks and interviews. Consulting with a legal expert is invaluable as they can guide you through the process, help assess your eligibility for different programs, and handle unexpected issues.
For full details on eligibility for a Green Card and the application process, you can visit the official U.S. Citizenship and Immigration Services (USCIS) website at uscis.gov/green-card.
Conclusion
In summary, obtaining a green card after 10 years in the U.S. is not a matter of time alone. While certain protections like Cancellation of Removal exist for some long-term residents, most pathways to permanent residency involve family or employment sponsorship, asylum or refugee status, or other specific criteria as outlined by the USCIS. If you believe you may qualify for a Green Card based on any of these conditions, it’s paramount to consult with an immigration attorney to explore your options strategically and legally. Remember, every case is unique and should be handled with professional care to enhance the chances of a successful outcome.
Still Got Questions? Read Below to Know More
If I came to the US as a child and have lived here for over 10 years, do I have any special options for residency?
If you came to the U.S. as a child and have lived here for over ten years, you might have special options for residency based on immigration policies like the Deferred Action for Childhood Arrivals (DACA) program. DACA provides certain undocumented individuals who were brought to the U.S. as children with protection from deportation and a work permit. To be eligible for DACA, you must meet these key requirements:
– Came to the United States before reaching your 16th birthday
– Have continuously resided in the United States since June 15, 2007, up to the present time
– Were under the age of 31 as of June 15, 2012
– Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
For more detailed information on DACA and its requirements, visit the U.S. Citizenship and Immigration Services (USCIS) page on DACA: Consideration of Deferred Action for Childhood Arrivals (DACA).
Aside from DACA, there are other avenues such as Special Immigrant Juvenile (SIJ) status, which applies to those under the age of 21 who have been abused, neglected, or abandoned by a parent. SIJ can lead to lawful permanent residency (a green card). More information is available on the USCIS page for SIJ: Special Immigrant Juveniles.
Speak with an immigration attorney or an accredited representative for personalized advice. They can help explore your specific circumstances and guide you on the best course of action. It’s also crucial to keep updated with the latest immigration reforms, as legislation can change and potentially open up new pathways to residency.
If my child was born in the US but I’m not a citizen, can that help me get a Green Card?
If your child was born in the United States and you are not a U.S. citizen, your child automatically receives U.S. citizenship by virtue of being born on U.S. soil, as guaranteed by the 14th Amendment to the U.S. Constitution. However, this does not immediately or directly grant you the right to obtain a Green Card (lawful permanent residency).
For your U.S.-born child to help you get a Green Card, they must first be 21 years of age or older. Once they reach this age, they can sponsor you for a Green Card as a direct relative, which falls under the “immediate relatives” category. This category is not subject to numerical limits, meaning you wouldn’t be subject to a waiting period for visa availability, but the application still requires time to process.
Here are some key steps your child would need to take to sponsor you:
1. File Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).
2. After the Form I-130 is approved, file Form I-485, Application to Register Permanent Residence or Adjust Status if you are in the U.S., or go through consular processing if you are outside the U.S.
3. Go through the necessary background checks and attend an interview with USCIS.
Please note that there are other requirements and considerations to take into account, like proving the financial ability to support you and ensuring you are admissible to the United States. For detailed information and instructions, refer to the official USCIS website through the following links:
– Form I-130: USCIS I-130, Petition for Alien Relative
– Form I-485: USCIS I-485, Application to Register Permanent Residence or Adjust Status
I’ve worked in the US for 5 years on a visa, is that enough to apply for a Green Card without a sponsor?
Working in the United States for 5 years can contribute to distinct pathways toward obtaining a Green Card, but in most employment-based categories, a sponsor is usually required. A sponsor typically is an employer who petitions on your behalf for a Green Card through a job offer. However, there are certain exceptions where you might be eligible to apply for a Green Card without a sponsor:
- EB-1A Visa for Extraordinary Ability: This category is for individuals who demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. Evidence of a one-time achievement such as a major internationally recognized award or documentation in at least three out of ten criteria is needed. As the USCIS states, “You must meet 3 of 10 criteria below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal).”
National Interest Waiver (NIW) under EB-2 Visa: If you believe your employment in the U.S. would greatly benefit the nation, you might apply for a NIW. This waives the job offer and labor certification requirements. According to the USCIS, “You must demonstrate that it is in the national interest that you work permanently in the United States.”
Investors (EB-5 Visa): If you have invested or are in the process of investing at least $1 million in a new U.S. business that will create full-time jobs for at least 10 U.S. workers, you might qualify for this category.
For most other employment-based Green Card categories, including EB-2 (Advanced Degrees or Exceptional Ability requiring Labor Certification) and EB-3 (Skilled Workers, Professionals, and Unskilled Workers), a U.S. employer must sponsor your application. The requirement of a sponsoring employer is also present for some special job categories like religious workers, special immigrant juveniles, and certain physicians.
Before applying, make sure to review the eligibility criteria thoroughly and prepare the necessary documentation. You can find detailed information about different types of Green Cards on the official U.S. Citizenship and Immigration Services (USCIS) website here: USCIS Green Card Eligibility Categories.
Remember, immigration procedures are complex, and policies may change, so it’s also a good idea to consult with an immigration attorney or an accredited representative for personalized advice.
What happens if I’ve been in the US for 12 years but never had any legal status – can I still apply for a Green Card?
If you’ve been living in the United States for 12 years without legal status, obtaining a Green Card might present some challenges, but there are certain circumstances under which you might still be eligible. It’s crucial to be aware that being in the U.S. without legal status can lead to issues such as potential deportation, inability to work legally, and difficulty accessing public benefits. However, there are some possible pathways to adjust your status, including:
- Family-Based Immigration: If you have an immediate relative who is a U.S. citizen or lawful permanent resident (such as a spouse, parent, or child over 21), they may be able to sponsor you for a Green Card. This is contingent on meeting other eligibility requirements.
- Special Programs and Protection: Some individuals may qualify under special programs like the U or T Visas for victims of crimes or trafficking, or through asylum status if you fear persecution in your home country.
- Cancellation of Removal: This is an option if you are in removal proceedings. To qualify, you must demonstrate continuous physical presence in the U.S. for at least ten years, good moral character, and that removal would cause exceptional and extremely unusual hardship to your U.S. citizen or permanent resident spouse, parent, or child.
It’s important to remember that each case is unique and obtaining legal advice from a qualified immigration attorney is essential to evaluate your personal situation and guide you through the complexities of immigration law. An attorney can assess whether you qualify for any relief measures, including those that provide a path to a lawful permanent resident status, also known as a Green Card. You can find a list of accredited legal service providers through the Department of Justice’s website here.
For more detailed and personalized information, it’s advisable to consult directly with an immigration lawyer who can provide guidance based on the specifics of your case. Remember, it is important to stay informed about changes in immigration laws and policies, as they can significantly impact your eligibility for different types of immigration benefits. For official information on Green Cards and eligibility, visit the United States Citizenship and Immigration Services (USCIS) website at https://www.uscis.gov/green-card.
Can marrying a US citizen speed up my Green Card process even if I’ve lived here illegally?
Marrying a US citizen can indeed affect your Green Card application process, but living in the US illegally adds complexity. A marriage to a US citizen classifies you as an immediate relative, meaning there is no limit on the number of visas available in this category each year. This could potentially expedite the process compared to other family-based or employment-based categories. However, having lived in the US without authorization may trigger admissibility issues and could require a waiver of inadmissibility.
Here are the steps and considerations for obtaining a Green Card through marriage:
- Petition for Alien Relative: Your US citizen spouse must file a Form I-130, Petition for Alien Relative, on your behalf. This establishes your relationship.
Adjustment of Status or Consular Processing: If you’re in the US, you may file a Form I-485, Application to Register Permanent Residence or Adjust Status, to get a Green Card without returning to your home country. If abroad, you’d go through consular processing.
Waiver for Unlawful Presence: If you’ve been in the US unlawfully for more than 180 days, you might need a Form I-601, Application for Waiver of Grounds of Inadmissibility, to forgive your unlawful presence.
The US Citizenship and Immigration Services (USCIS) states, “The law allows the Secretary of Homeland Security to grant a waiver of inadmissibility if denial of the waiver would result in extreme hardship to the US citizen or lawful permanent resident spouse or parent.”
Keep in mind that seeking legal advice from an immigration attorney could significantly help navigate this process, considering the complexities of your situation.
For more details on the process, you can visit the official USCIS website for family-based Green Cards: USCIS – Family
And for specific information on waivers of inadmissibility, check out: USCIS – Waiver of Grounds of Inadmissibility
Learn Today:
Glossary or Definitions
Green Card
A Green Card, formally known as a Permanent Resident Card, is a document that allows non-U.S. citizens to live and work legally in the United States indefinitely. It is considered a significant milestone in the journey towards building a better life in the U.S.
Permanent Residency
Permanent residency refers to the status of an individual who has been granted the right to live and work permanently in the United States. This status is obtained through a variety of legal pathways and is typically evidenced by a Green Card.
Non-citizen
A non-citizen is an individual who is not a citizen of the United States. This includes lawful permanent residents, visa holders, undocumented individuals, and those with refugee or asylum status.
Immigration Law
Immigration law refers to the set of laws and regulations that govern who can enter, stay, and work in a country. In the context of the United States, immigration law includes statutes, regulations, and policies established by federal authorities.
Cancellation of Removal
Cancellation of removal is a form of relief from deportation that may be available to certain non-permanent residents who have lived in the U.S. for a specified period of time. If granted, it can lead to the individual obtaining a Green Card.
Deportation
Deportation refers to the formal removal of a non-citizen from the United States by government authorities. It is typically initiated when an individual is found to have violated immigration laws or if their legal status has expired.
Removal Proceedings
Removal proceedings, also known as deportation proceedings, are legal proceedings conducted in immigration court to determine the removability of an individual from the United States. These proceedings are initiated by the U.S. government and can result in deportation or other immigration consequences.
Good Moral Character
Good moral character refers to an individual’s conduct and behavior, which is assessed to determine their eligibility for certain immigration benefits. It involves factors such as criminal records, honesty, respect for the law, and compliance with immigration regulations.
USCIS
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the Department of Homeland Security (DHS) that is responsible for overseeing lawful immigration to the United States. It administers immigration and naturalization processes, including the adjudication of visa petitions and applications for adjustment of status.
Family-Based Immigration
Family-based immigration refers to the process of obtaining a Green Card through sponsorship by a family member who is a U.S. citizen or a current Green Card holder. The categories for family-based immigration include immediate relatives (spouses, children under 21, and parents) and other family preference categories.
Employment-Based Immigration
Employment-based immigration refers to the process of obtaining a Green Card through sponsorship by an employer. It is available to individuals with specific skills, education, and work experience that meet the criteria set by the USCIS. Categories for employment-based immigration include priority workers, skilled workers, professionals, and others.
Asylum
Asylum refers to a form of protection granted to individuals who have fled their home countries due to persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Asylum seekers may apply for a Green Card after one year of being granted asylum.
Refugee
A refugee is a person who has been forced to leave their home country due to persecution, war, or violence and has been granted refugee status by the United States. Refugees may apply for a Green Card after being admitted to the U.S. as a refugee.
Registry
Registry is a provision in immigration law that allows individuals who have been present in the United States since January 1, 1972, to apply for a Green Card, regardless of their current immigration status. Eligibility for registry requires meeting certain criteria, including demonstrating good moral character.
Adjustment of Status
Adjustment of status refers to the process of changing an individual’s non-immigrant status to that of a permanent resident (Green Card holder) while in the United States. It requires the completion of Form I-485 and involves background checks and interviews.
Unlawful Presence
Unlawful presence refers to an individual’s stay in the United States after the expiration of their authorized period of admission or the violation of the terms and conditions of their visa. Unlawful presence can have severe consequences, including ineligibility for a Green Card and the possibility of deportation.
Legal Expert/Immigration Attorney
A legal expert or immigration attorney is a professional who specializes in immigration law and provides legal advice, guidance, and representation to individuals seeking immigration benefits. They are trained to navigate the complexities of immigration processes and can assist with applications, petitions, and legal proceedings.
So, if you’ve been wondering if 10 years in the U.S. automatically leads to a Green Card, the answer is not quite! It’s important to understand the various pathways available, such as cancellation of removal, family-based or employment-based immigration, asylum or refugee status, and registry. Consulting an immigration attorney is crucial to navigate the complexities of U.S. immigration law. And if you want more information on this topic, head over to visaverge.com, where you’ll find detailed insights and resources to guide you. Good luck on your journey towards permanent residency!
This Article in a Nutshell:
Obtaining a Green Card in the U.S. after 10 years is not automatic. To qualify, options include cancellation of removal, family sponsorship, employment sponsorship, asylum or refugee status, and registry. Unlawful presence has consequences. Apply using Form I-485 and seek legal advice. Every case is unique.
