Do I qualify for the 10 years?

Asked 4 months ago - Stamford, CT

Apprehended by ICE and processed in CT-Hartford court, I was 17 years old, and my uncle send a change of address to Ins and INS never send letters, so my uncle said that the case was finished perhaps. I was arrested driving-no license-working, and sent to INS who now says that I have an order of deportation related to 2004 year of arrest when crossing the border. Right now I am in ICE custody in. Greenfield, MA. Entered the USA for 2nd time February 2004-apprehended and let go, and NOW it is May 2014; Can I claim the 10 years that I am in this country?
I am 27 years old from Guatemala and I have been paying taxes.

Attorney answers (3)

  1. Morrie Pour Nourian

    Contributor Level 18

    2

    Lawyers agree

    1

    Answered . Pursuant to INA §240A(b), cancellation is available to a non-permanent resident of the United States in any immigration status who--

    1) Has continuously resided in the United States for at least ten years; and
    2) Has been a person of good moral character throughout this time; and
    3) Is not otherwise subject to criminal bars arising from a conviction of any crime outlined in INA §212(a)(2), §237(a)(2), or §237(a)(3); and
    4) Establishes that removal would result in "exceptional and extremely unusual hardship" to the alien's spouse, parent, or child who is a United States citizen or legal permanent resident.

    You need an experienced attorney.

  2. Joseph Gerard Cella

    Contributor Level 13
    Best Answer
    chosen by asker

    Answered . You absolutely need to have a full consultation with an attorney who is well-versed in removal defense as you may have certain remedies available to you. However, the short answer is, based upon the information you have provided, "no, you cannot claim the ten years", known as cancellation of removal for non permanent residents as the "clock" toward the ten years presence stopped when you were first served with the Notice to Appear. This may be different if your attorney can convince ICE to "re-paper" you. You would also need to have qualifying relatives and good moral character. As stated above, you need to share many more facts with an immigration lawyer to determine what, if any remedies are available to you.

    Cella & Associates has represented immigrants exclusively in immigration law and related matters for twenty years.... more
  3. Ashkan Yekrangi

    Pro

    Contributor Level 16

    Answered . It depends whether you had good moral character during those years in order for you to be eligible for cancellation of removal for non-LPRs.

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