Can I Get a Green Card After 10 Years in the U.S.?

The American Dream—it’s a powerful aspiration for so many. But what if you’ve been in the U.S. for a decade, living and contributing, yet still haven’t found a secure path to a Green Card? If you’re asking, “Can I get a Green Card after 10 years here?” you’re not alone.

At N400 Harbor Immigration Law, we frequently meet with people who’ve established lives in the U.S. over many years. They’re raising families, contributing to communities, and want the security a Green Card provides.

While it’d be great if simply living in the U.S. for 10 years guaranteed a Green Card, the truth is a little more complex. There are, however, certain paths you may consider. Let’s walk through them together.

The 10-Year Green Card Myth

First, let’s clear up a common myth: just being here for 10 years doesn’t automatically make you eligible for a Green Card. This misunderstanding probably comes from the different residency rules for U.S. citizenship or certain deportation protections that need a 10-year stay. But for obtaining a Green Card, it doesn’t quite work that way.

While there’s no simple, automatic path, there are possible legal avenues, especially for those who meet specific criteria. One of these options is called Cancellation of Removal, but it’s far from straightforward.

Cancellation of Removal: A Potential Option

Cancellation of Removal is a defense in deportation cases. If successful, it can lead to a Green Card based on a long-term stay in the U.S. However, certain conditions must be met:

Eligibility Requirements

10 Years of Continuous Physical Presence

You need to have been physically present in the U.S. for at least 10 years. But here’s the catch: if you’ve taken long trips outside the U.S. or been involved in any deportable offense, this requirement might be in jeopardy.

Good Moral Character

This isn’t just about staying out of trouble. Certain actions can disqualify you from having what’s called “good moral character,” such as criminal convictions or lying on immigration forms. Good moral character generally means following the law and respecting U.S. values.

Exceptional and Extremely Unusual Hardship

This is the toughest part to prove. For your case to be approved, you must show that deportation would cause extreme hardship to a qualifying U.S. citizen or permanent resident relative—typically a spouse, parent, or child.

An example might be if you have a U.S. citizen child with special medical needs that require consistent treatment only available in the U.S. Note that hardship on you alone usually isn’t enough for approval.

The Process

If you meet the basic requirements, Cancellation of Removal still isn’t a quick or easy path to a Green Card. Here’s what to expect:

• Removal Proceedings: This process starts when you’re in deportation proceedings. It’s a defensive measure, not an application, meaning you’re essentially fighting deportation.
• Immigration Court Appearance: You’ll appear before an immigration judge to present your case. With such high stakes, legal representation is essential to understand the arguments, gather evidence, and put forth a compelling case.

Risks and Considerations

Applying for Cancellation of Removal has its risks. If you’re denied, you face deportation. It’s important to understand that this isn’t something to try alone or to DIY with online resources. A knowledgeable attorney is key to presenting the best possible case in a high-stakes environment.

Other Paths to Consider

Not everyone will qualify for Cancellation of Removal, but there are other routes for certain individuals who meet specific criteria:

Marriage to a U.S. Citizen

One of the more common ways to secure a Green Card is through marriage to a U.S. citizen. This path has its own steps and requirements but could be an option if you’re married to a U.S. citizen and can demonstrate the authenticity of your marriage. This is a legitimate and frequently-used path for those who qualify, though it still involves documentation, interviews, and USCIS approval.

Other Specialized Options

Some other options include applying for asylum, which is available to individuals who fear returning to their home countries due to persecution.

Additionally, victims of abuse or other qualifying circumstances may apply under VAWA (Violence Against Women Act) or seek special immigrant juvenile status if they were abandoned, neglected, or abused as minors. These paths are more specific, so eligibility depends on individual circumstances.

Why a Trusted Immigration Attorney Matters

Immigration can be emotionally and mentally challenging, and having an experienced attorney can make all the difference. That’s where N400 Harbor Immigration Law comes in. With years of experience, we offer honest assessments, gather strong evidence, and represent you in immigration court if needed. We understand the hopes and concerns behind each case and work to make them a reality.

If you’re seeking a way forward, let us support you. Contact  N400 Harbor Immigration Law at 305-396-8882  or visit us in Pompano Beach, Florida to set up a consultation. Together, we’ll work toward your American Dream.