Many undocumented immigrants wonder if they can adjust their status after living in the United States for 10 years or more. The answer is yes, but since each case is different, there are specific requirements to keep in mind. In today’s article, we’ll explain how the “10-Year Rule” works, who can apply, and what the application process looks like.
What is the “10-Year Rule”?
The first thing to understand is that there isn’t technically a “10-Year Rule.” Although it’s commonly called that, it refers to a provision in immigration law that allows undocumented immigrants who are not permanent residents to request the cancellation of their deportation if they’ve lived in the U.S. for at least 10 years.
This provision involves Form 42B for cancellation of removal, which, unlike many other immigration processes, isn’t handled by USCIS. Instead, it must be submitted to an immigration judge during a hearing.
However, it’s not guaranteed, and the process can be complex and demanding.
What Are the Requirements for Applying for Cancellation of Removal?
To be eligible for cancellation of removal under the “10-Year Rule,” you must meet the following requirements:
- Continuous Presence for 10 Years: You must have lived continuously in the United States for at least ten years before the date you appear before an immigration judge. During this time, you need to prove that your life has been established here and that you have significant ties to the country.
- Good Moral Character: You must demonstrate “good moral character” throughout your time in the U.S. This means having no serious criminal record and not engaging in activities the government deems morally questionable, like fraud, drug trafficking, or habitual alcohol abuse.
- Family Members with Legal Status: To qualify, you must have a spouse, child, or parent who is a U.S. citizen or a permanent resident (Green Card holder). This family member will be the “affected party” in the case and must depend on you emotionally or financially.
- Proof of Exceptional and Extremely Unusual Hardship: You must show that if you are deported, your family member would face “exceptional and extremely unusual” hardships beyond the typical difficulties. This could include severe medical issues, extreme financial struggles, or a lack of support in your home country.
Required Evidence to Prove Eligibility
To apply for cancellation of removal, it’s essential to present strong evidence that supports each requirement:
- Proof of Continuous Presence: Rental agreements, utility bills, tax records, school or medical records, and any other document showing you’ve lived in the country for 10 continuous years.
- Proof of Good Moral Character: Letters from family, friends, neighbors, or community leaders can help demonstrate your good character. It’s also important to avoid any behavior that might damage this perception, like criminal records or fraudulent statements.
- Documentation of Family Hardships: To prove the extreme hardships your family would face if you’re deported, you can provide medical reports, letters from doctors, therapy or treatment records, your children’s school report cards, and letters from counselors.
Limitations and Risks of the “10-Year Rule”
While the “10-Year Rule” offers a pathway to obtaining legal permanent residency, it also has certain limitations and risks:
- Judge’s Discretion: The final decision to grant cancellation of removal lies with the immigration judge, who will assess your case and decide if you meet the criteria.
- Criminal Record: Some people are ineligible if they have convictions for certain offenses, such as drug-related crimes (except for small amounts of marijuana), fraud, or serious crimes.
- Lengthy Process: Applying for cancellation of removal can be a lengthy and emotionally taxing process. It’s recommended to have an experienced immigration attorney represent you and help you prepare a strong application.
How Can We Help?
The “10-Year Rule” is an option for those who have built their lives in the United States and want to avoid deportation. However, it’s not a simple solution—it requires meeting strict criteria and presenting solid evidence.
At Saavedra & Perez Law, we understand how complex and challenging this process can be. If you think you might be eligible for cancellation of removal or have questions about your immigration status, don’t hesitate to reach out to us. We’re here to help you protect your rights and explore all available legal options. Contact us for a consultation and find the support you need for your immigration case!