U.S. Residency through Cancellation also for TPS Holders
Diana G. contacted FitzGerald Law Company several years ago for assistance with the renewal of her TPS. During the initial meeting Diana G. asked if there was any way for a person with TPS to get Legal Permanent Resident status in the U.S. because she was concerned that TPS might end someday.
The immigration lawyers at FitzGerald Law Company knew Diana had been living in the U.S. for more than 10 years and asked her if she had any family in the U.S. Diana told them that she had 2 children, both born in the United States. Our attorneys proceeded to ask her about the health condition of the children, and found out that one was having trouble in school because of his Attention Deficit Hyperactivity Disorder (ADHD).
Attorney FitzGerald recommended that Diana apply for Legal Permanent Resident status through Cancellation of Removal/Deportation, also known as the “10 year law” (INA Section 240A(b)). This law allows U.S. residency to be issued to an individual who:
- Has been in the U.S. for 10 years without a deportation/removal case,
- Has been a person of good moral character and not involved in criminal activity,
- Has an immediate family member (specifically a parent, spouse or child) with U.S. Citizenship or Residency who would suffer an extreme and exceptionally unusual hardship (because they have a “special condition” like ADHD), if the individual had to leave the U.S.
With the assistance of the immigration attorneys at FitzGerald Law Company, Diana filed an I-589 petition with USCIS. She was granted an Employment Authorization Document and within 1 year (processing times were faster at that time—now a case like this could take 7-9 years) she had completed her interview with USCIS and had her case filed with the Immigration Court. The Immigration Judge heard her testimony about how her child would suffer if Diana had to return to El Salvador and granted her Legal Permanent Resident status.
