How 10+ Years in the U.S. Could Help You Stop Deportation
Being deported is a very real fear for immigrants. Even when someone has been in the country for a long time, changing immigration laws and administrations can be extremely stressful. One of the lesser known defenses to deportation is the ’10 Year Cancellation of Removal’ defense. Staying in the country using this defense is not easy, and unfortunately, most people who apply are not successful. Below, our Tampa immigration attorney explains more about this defense.
Who Can Apply for a 10 Year Cancellation of Removal?
Unfortunately, not everyone is eligible for a 10 Year Cancellation of Removal. To qualify, you and a family member must meet certain requirements. When applying, you must show that a close relative will suffer extreme hardship if you are deported.
The first requirement is that you must have been in the United States for over ten years. You must also show that you have not visited your home country for more than three months at one time. You must then show that you have good moral character. For example, if during the ten-year period you were arrested for impaired driving, a judge may not believe that you are of good moral character. In these instances, you may be able to avoid deportation if you can show that you have worked hard to be a good member of the community.
You also cannot have been convicted of certain criminal offenses. These include:
- Aggravated felonies, such as rape or murder
- Crimes of moral turpitude, such as violent crimes
- Drug offenses
- Certain firearm offenses
- Certain domestic violence crimes
- Child abuse, neglect, or abandonment
- Restraining order violations
There are some exceptions to criminal convictions. You may still be eligible for 10 Year Cancellation of Removal if you were convicted of a crime of moral turpitude, the maximum jail sentence is less than one year, and you were sentenced to six months or less.
Requirements for Your Family Member
You must also show that you have a parent, spouse, or child who is a United States citizen or lawful permanent resident. Stepchildren also qualify if you married their parent before the child turned 18 years of age. You must prove that your relative would suffer hardship if you are deported. Some examples of hardship include:
- Your relative suffers from a serious illness and you pay their medical expenses
- Your relative must remain in the U.S. for medical treatment, preventing them from returning to your home country with you
- Your child has disabilities or special needs and receives support from a doctor or school that they cannot receive in your country
- Your elderly parents are completely dependent on you financially
Our Immigration Attorney in Tampa Can Determine if You Qualify
If you are facing deportation and want to learn more about the 10 Year Cancellation of Removal, our Tampa immigration attorney at Florida Law Advisers, P.A. can help. We can review the facts of your case, determine if you are eligible, and help you through the application process. Call us now at 1(800) 990-7763 or contact us online to schedule a consultation and to get the legal help you need.
Source:
portal.ice.gov/pdf/LOPPdf/3or10yearCancellation/3-10YearCancellation_EN-508.pdf
