For more on this topic, please see our article Does the 10-Year Law Exist

We wanted to address some common immigration myths that we often hear about the process.  Every case is different, so we highly recommend consulting with a qualified immigration attorney about your case.

If  an immigrant has been in the US for more than 10 years, can he/she file for permanent residence or a visa?

  • In general, a person who entered the country without a visa has a bar to being able to adjust status or apply for a visa.  There is a defense to deportation that some immigrants may use when in a deportation proceeding if they can show extreme hardship on a USC or LPR.

If  an immigrant has a child here or gets married to a USC, can his/her child file for them to get permanent residence or a visa?

  • A child cannot apply for their parents until they turn 21.  A spouse or a son/daughter (who is not a minor), may apply for the immigrant, but the immigrant must be admissible.

A family member of an immigrant filed an I-130 family petition for him/her.  Does that protect him/her from deportation?

  • No, a family petition is not an application for adjustment of status, so it does not provide any protection, only a space in the line to apply for permanent residence after the designated waiting period.