I’ve Been In The US Over 10 years and I Have US Children – What Happens If I’m Arrested?

If you have been in the US for at least 10 years and have US children – or a relative who is a legal permanent resident or citizen – you may apply for “Cancellation of Removal” in Immigration Court, meaning that you may be able to stay in the United States even though you are not currently a legal resident.

In order to persuade the immigration judge to allow you to remain in the US, you and your attorney would have to prove that there would be “an extreme and unusual hardship” to your children and/or family members if you had to return home. This must be something more than a change in economic circumstances or the fact that your children may not be fluent in your native language, for example. Instead, you would have to show that some real harm would befall your family members. Usually, this involves a serious medical condition that your relative is being treated for in the US and such treatment is not available in your home country.

The spirit of the law here is to provide options to people in special circumstances, and the challenge is to demonstrate that you are a person who needs this special treatment. Working with an experienced immigration attorney is often a good idea if you find yourself in this situation, as they are familiar with what will and what will not be viewed as an “extreme and unusual hardship” that can allow you to maintain residence.

Additionally, even if you feel you may have good cause to request a Cancellation of Removal, it’s important to remember that there are multiple methods you can use to obtain legal residency. Working with your attorney, you may discover that there is an even better way to stay in the USA legally than by applying for a Cancellation of Removal.