What Are Your Options After Living Undocumented in the U.S. for Over 10 Years?

Living undocumented in the U.S. for over a decade comes with challenges, especially as immigration laws continuously evolve. You may be wondering if you have options to change your status and what the next steps are. This guide outlines the legal paths that may be available to you based on current U.S. immigration laws.

1. Cancellation of Removal for Non-Permanent Residents

One of the most commonly discussed options for individuals who have been in the U.S. for over 10 years is Cancellation of Removal. This process is a form of relief from deportation, but it is not easily granted.

Requirements for Cancellation of Removal:

• Continuous Physical Presence: You must prove that you’ve been in the U.S. continuously for at least 10 years.
• Good Moral Character: You cannot have certain criminal convictions and must demonstrate good moral character during your time in the U.S.
• Exceptional Hardship: You must prove that your removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or lawful permanent resident family member (spouse, child, or parent).
• Removal Proceedings: You must already be in removal proceedings to apply for this relief. You cannot apply for this form of relief unless the government is attempting to deport you.

It is important to note that this is a defensive application, meaning it can only be applied when facing removal.

2. Adjustment of Status through Family-Based Petitions

If you have family members who are U.S. citizens or lawful permanent residents, they may be able to petition for you to adjust your status, though this often depends on how you entered the U.S.

Key Points:

• Immediate Relatives: U.S. citizens can petition for their immediate relatives (spouse, parent, or unmarried children under 21) without long wait times.
• Lawful Permanent Residents: Green card holders can petition for their spouse and unmarried children, but there are longer waiting periods due to visa caps.
• Lawful Entry Requirement: If you entered the U.S. without inspection (illegally), you may not be able to adjust status while in the U.S. without first leaving the country. However, leaving the U.S. can trigger a bar of 3-10 years, depending on your time spent undocumented.

If you’re undocumented and married to a U.S. citizen, you might be eligible for a provisional waiver to overcome the unlawful presence bar before leaving the country for a consular interview.

3. U Visa for Victims of Crime

If you have been the victim of certain crimes while living in the U.S., you may qualify for a U visa, which offers protection and a path to legal status.

Eligibility for U Visa:

• Victim of a Qualifying Crime: Crimes such as domestic violence, assault, trafficking, or sexual abuse qualify.
• Cooperation with Law Enforcement: You must show that you assisted law enforcement in investigating or prosecuting the crime.
• Physical or Mental Harm: You must have suffered significant physical or mental abuse as a result of the crime.

A U visa allows you to stay in the U.S. legally and eventually apply for a green card after three years of continuous presence with U visa status.

4. DACA (Deferred Action for Childhood Arrivals)

If you arrived in the U.S. as a child, you may be eligible for DACA protection. This program does not grant permanent legal status but does offer temporary relief from deportation and the ability to work legally.

Eligibility Requirements:

• Arrival in the U.S. before age 16: You must have entered the U.S. before you turned 16 years old.
• Continuous Residence: You must have lived in the U.S. continuously since June 15, 2007.
• Education or Military Service: You must be in school, have graduated, or have been honorably discharged from the military.
• No Serious Criminal Record: Certain criminal offenses can disqualify you.

As of now, DACA remains a temporary measure, and recipients must renew their status every two years.

5. VAWA (Violence Against Women Act)

If you’ve experienced abuse from a U.S. citizen or lawful permanent resident spouse, parent, or child, you may be eligible to self-petition for legal status under VAWA.

Who Qualifies for VAWA:

• Abused Spouse: If you are married to a U.S. citizen or green card holder and have been subjected to abuse, you can apply independently of your spouse.
• Abused Child or Parent: Children and parents of abusive U.S. citizens may also qualify.

This route offers a path to permanent residency without the need for the abuser to be involved in the process, and you do not need to be in removal proceedings to apply.

6. Asylum or Withholding of Removal

If you fear returning to your home country due to persecution, you may be able to apply for asylum or withholding of removal.

Asylum Basics:

• Persecution Based on Certain Grounds: To qualify, you must show that you fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
• One-Year Filing Deadline: You generally must file for asylum within one year of your arrival, but there are exceptions for those who’ve been in the U.S. longer due to extraordinary circumstances.
• Withholding of Removal: If you are not eligible for asylum but face danger in your home country, you may still qualify for withholding of removal, which prevents deportation but doesn’t provide a path to permanent residency.

7. TPS (Temporary Protected Status)

If you are from a country experiencing conflict, natural disasters, or other unsafe conditions, you may qualify for Temporary Protected Status (TPS). TPS allows individuals to stay in the U.S. legally and work temporarily, though it does not lead to permanent residency.

TPS Considerations:

• Designated Countries: TPS is only available for individuals from countries designated by the U.S. government, such as Venezuela, Haiti, and Honduras.
• Regular Renewal: TPS is not a permanent solution, and you must renew your status periodically.

Next Steps: Consulting an Immigration Attorney

Navigating U.S. immigration law is complex, especially for undocumented individuals who have been in the country for a long time. Each case is unique, and your options may depend on factors like your family situation, work history, and how you entered the country.

Why You Should Consult a Lawyer:

• Expert Guidance: An immigration lawyer can evaluate your specific situation and help you understand which legal pathways are available.
• Document Preparation: They can assist in gathering the necessary documentation to prove eligibility.
• Representation in Court: If you are in removal proceedings, a lawyer can defend your case and seek relief on your behalf.

If you’ve been living undocumented in the U.S. for over 10 years, you do have options. Reach out to an experienced immigration attorney today to explore your legal rights and determine the best course of action for your situation.

My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we explored the various options available to individuals who have been living undocumented in the U.S. for over 10 years, including Cancellation of Removal, family-based petitions, U visas, and more. If you have any further questions about your specific situation, or if you’re ready to explore your legal options, I encourage you to schedule a free consultation with me by clicking this link.