Long-term stay and legalization

Cancellation of Removal

Cancellation of Removal is a form of relief that allows individuals who are in removal (deportation) proceedings to remain in the United States legally. To qualify, applicants must meet strict criteria, such as proving continuous residence for at least 10 years, showing "good moral character," and demonstrating that their deportation would cause exceptional hardship to a qualifying relative (spouse, parent, or child who is a U.S. citizen or lawful permanent resident).

• Processing Time

  • Initial Steps: The application must be filed during immigration court proceedings
  • Decision Timeframe: The timeline varies depending on the court's backlog, typically ranging from 1 to 3 years
  • Appeals: If denied, an appeal to the Board of Immigration Appeals (BIA) can add another 1 to 2 years
  • Grant of Relief: Once granted, the individual can apply for permanent residency, which may take an additional 6 to 12 months

Registry

The Registry provision is an avenue to legal status for individuals who have been continuously residing in the United States since January 1, 1972 (or an earlier date, depending on updates to the law). Eligible applicants must demonstrate continuous residence, good moral character, and no disqualifying criminal history. This rarely used pathway is typically limited to a small number of cases due to the stringent requirements.

• Processing Time

  • Application Submission: The applicant files directly with USCIS, usually alongside Form I-485 (Application to Register Permanent Residence or Adjust Status)
  • Adjudication Time: Processing generally takes 12 to 18 months, though this depends on USCIS workloads
  • Additional Delays: Background checks and possible interviews can extend the timeline by several months