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DAP Forums > Other Topics > Other Topics

Does the 10 year and a U.S. Citizen child law exist?

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#1
12-22-2009, 07:51 PM
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max
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I herd people say that if you been in the country illegaly for 10 years, and you have a U.S. Citizen child that you can get your papers. Is that true?
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#2
12-22-2009, 09:27 PM
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Unfortunately, that is not true. They could petition you when they become adults however, and if you came into the US with a visa, the process would only take a couple months and you would not have to leave the country. (not sure if it is when they turn 18 or when they turn 21 that they could petition you, my guess is on 1.

However, if you came here by crossing a border, and where not inspected, then you would have to leave to your country for the duration of the ban, which is ten years, and then they could petition you. (Actually not sure how the petition process for a parent that did not come into the country with a visa works, I do know that the parent would have to go back to their country of origin and complete the ban period, but not sure if the petition process starts before or after completing the ban).
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#3
12-29-2009, 01:10 AM
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It is actually called "Cancellation of Removal" but it only applies to people who are actually in removal/deportation proceedings & can prove extreme & exceptionally unusual hardship.It also doesn't matter how they entered the US but the fact is this is one immigration benefit everyone should stay away from unless they have a REALLY good lawyer & are held by ICE about to placed into proceedings.
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#4
01-20-2010, 12:47 AM
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Quote:
Originally Posted by Ianus View Post
but the fact is this is one immigration benefit everyone should stay away from unless they have a REALLY good lawyer & are held by ICE about to placed into proceedings.
Ianus, why do you say that everyone should stay away from this? Any personal experience or friends?

Thanks,
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#5
01-20-2010, 04:14 PM
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Quote:
Originally Posted by Beagle View Post
Ianus, why do you say that everyone should stay away from this? Any personal experience or friends?

Thanks,
I said it because the "extreme & exceptionally unusual hardship" requirement is not easy to prove & is always the main stumbling block to gaining the benefit potentially while in removal proceedings.You can see this by looking at the immigration cases on the DOJ or USCIS website concerning "Cancellation of Removal".You can see the standards from here & how they inter-relate with immigration law.
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