It seems difficult, but not impossible: there are conditions that make an undocumented immigrant eligible for a green card, as long as he doesn’t have a deportation order.
If that immigrant has been in the United States for a while and has no criminal record, that will be paid for him.
According to Univisión, “winning a lawsuit” involves proving to a judge that “your deportation would cause extreme and extraordinary suffering to immediate family members, such as a citizen or resident spouse or an American child under the age of 21.”
That medium consulted Alex Gálvez, an immigration lawyer, in Los Angeles (California), who emphasized that “To qualify for this benefit, the immigrant must not have a prior deportation order”.
“It is applied to the Immigration Court and only a judge can grant the cancellation of the deportation through the process known as 42B,” he added.
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Who is eligible for cancellation of deportation?
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The Office of Immigration Review (EOIR) indicates that this is a benefit intended for undocumented immigrants or foreign nationals who reside permanently in the United States but without legal government permission.
A brochure on the subject emphasizes that, if you meet certain requirements, an immigration judge can “cancel your deportation” and allow you to remain in the United States.
To qualify, undocumented immigrants must “ request cancellation of deportation by filing a petition with the immigration court.”
These are the requirementsUnivisie stated:
Be 10 years of age in the United States and have medical proof
The American network published, citing lawyer Gálvez, that the requirement of at least ten years of permanence in the United States “It is critical to qualify for the deportation cancellation benefit.”
“(…) Although it is a current program, it is difficult to qualify. It must be shown to the immigration judge that the deportation of the undocumented person will cause extreme suffering to an immediate family member. Medical evidence must be attached for this,” Gálvez said.
All in due time: If you receive a favorable ruling from an immigration judge, “as soon as the deportation is canceled, you will not necessarily be granted immediate residency. In many cases you have to wait between 3 and 4 years, but it can also be longer.
These are the categories that make you eligible to obtain the Green Card in the United States
Wait for the verdict
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Another immigration lawyer, José Guerrero, said from Miami that “if the ruling is affirmative and allows the cancellation of the deportation, the decision will be postponed until such time as There is a visa quota available of 4,000 per year”.
The EOIR, according to Univisión, explained that cancellations of evictions are regulated and only 4,000 are granted per year.
They pointed out that “If the immigration judge approves the cancellation of the deportationthe beneficiary immigrant will be able to obtain “a green card (permanent legal residence).
And once you get to the front of the line, you will receive a notification from USCIS when a visa slot becomes available within the annual quota.
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Gálvez acknowledged to U.S. media that the wait often “causes inconvenience, but there are not enough visa slots for everyone who wins these kinds of cases every year.”
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When the adjudication occurs, that immigrant will, according to attorney Guerrero, “must make an appointment with USCIS to obtain permanent legal residency (green card).”
When you go, be sure to indicate the date of the final hearing and the judge’s ruling so that USCIS can verify the green card and proceed with it.
The immigrant beneficiary remains legally in the United States and has the right to apply for a work permit.
José Guerrero, lawyer
From Dallas, Jaime Barrón, also an immigration attorney, told Univision that “if there was a favorable ruling but the punishment is not in the immigrant’s hands, he can go to court and request a duplicate order canceling the deportation that has been issued by the judge.”
With that duplicate, you can then “go to USCIS and ask if you have received the order to issue the green card from the court.”
To view the Immigration Case Review Office brochurehere
With information from Univision
(JO)
Source: Eluniverso
Mabel is a talented author and journalist with a passion for all things technology. As an experienced writer for the 247 News Agency, she has established a reputation for her in-depth reporting and expert analysis on the latest developments in the tech industry.
