Undocumented immigrants in the United States now have the opportunity to apply for a Green Card under certain conditions. This option is available to those without criminal records or deportation orders.

Application Process

Permanent residency will be processed through the 42B procedure using Form EOIR-42B, which allows for the cancellation of a deportation case before the Immigration Court. This process is aimed at individuals residing illegally in the U.S. without a visa.

Requirements

• No criminal record.
• Judicial proof that obtaining the Green Card would prevent significant harm to immediate family members, such as a U.S. citizen spouse or a child under 21 years old.

Additional Information

The Office of Immigration Case Review indicated that this process is intended for people who have resided in the U.S. for several years without legal immigration documents. The Immigration Court (EOIR) clarified that only those who have stayed in the country for more than 10 years can apply for residency. Additionally, the process to cancel deportation is a benefit reserved for extreme cases and can take several years.

Benefits of the Green Card

Obtaining a Green Card offers multiple benefits, including the right to live and work indefinitely in the United States legally. Immigrants with permanent residency have access to social and health services, education, family sponsorship, legal protection, business opportunities, and access to loans or credit. Permanent residency provides long-term stability and security for immigrants and their families in the U.S.

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