Legal Question in Immigration Law in New York

Re: Green Card for Illegal resident 10+ years w/ child born in the U.S.

Unfortunately, your sister and brother-in-law cannot simply apply for Green Card based on their 10 year residency in the United States. However, if they get apprehended by the Immigration and Customs Enforcement, they could file for Cancellation of Removal before the Immigration Judge. If the judge grants Cancellation of Removal, they will get Green Cards. For some inexplicable reason, you cannot apply for Cancellation until you are actually placed in Removal Proceedings.

Should you have any other questions, feel free to contact me.

Very truly yours,

STANLEY SMOTRITSKY

Attorney At Law

Re: Green Card for Illegal resident 10+ years w/ child born in the U.S.

I agree with Mr. Smotritsky's response, and want to add, that in very RARE cases, a client has voluntarily placed themselves in cancellation proceedings. It is VERY risky and should never be done without extensive review and counseling from an experienced immigration lawyer. Inasmuch as many expect that immigration reform is on the horizon, it would probably be advisable for them to 'wait and see'.

Re: Green Card for Illegal resident 10+ years w/ child born in the U.S.

When did your brother in law's employer file an application for him? Have your brother in law or sister filed any other applications with immigration or the Department of Labor in the past? You should consult with an immigration attorney to discuss your brother in law and sister's full immigration history.

Re: Green Card for Illegal resident 10+ years w/ child born in the U.S.

Currently, they won't be able to apply for a green card, unless they are in removal proceedings and request cancellation of removal. Cancellation of removal based on 10 years of residence is not enough, they will have to show an extreme hardship for their U.S. child, should they be removed out of the U.S.

It is advisable to consult an immigration attorney with respect to their immigration history and possible cancellation of removal.

Re: Green Card for Illegal resident 10+ years w/ child born in the U.S.

Other than cancellation of removal, there may be another avenue for both of you to obtain permanent residence. Based on the information provided, you and your spouse may be eligible for immigrant visas abroad (and not be subject to the 10 year bar of re-entry) once the I-140 petition is approved.

Of course, this must be discussed in detail with competent immigration counsel. We would be happy to have an in-person or phone counsultation with you.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com