Q. Does the law provide a way to get permanent residence or U.S. citizenship for a long-term resident of the United States? I came here from Mexico. I have lived here for five years. I’ve heard that a person who has been in the United States, who has never committed a crime, can get legal status. -- Jorge Tovar, Dallas, Texas

A. Except for individuals who came here before Jan. 1, 1972, or who qualify for a hard-to-get benefit called “cancellation of removal,” no amount of time in the United States qualifies you for permanent residence.

Many undocumented immigrants mistakenly think that being here for 10 years automatically qualifies them for permanent residence. The law does provide for an immigration judge to grant a cancellation of removal to certain individuals here for 10 years or more. However, in addition to proving 10 years’ continuous residence and good moral character, the applicant must prove that his or her U.S.-citizen or permanent-resident spouse, parent or child will suffer “exceptional and extremely unusual hardship” if immigration deports the applicant. That’s a very high standard. It goes beyond the unusual hardship that anyone would suffer if separated from a parent, child or spouse.

Further, you can apply for cancellation of removal only in an immigration court. If the judge grants your application, you become a permanent resident right then. However, if you lose, the judge may order you deported. Readers who think they might qualify for cancellation of removal should get advice from an immigration attorney or accredited not-for-profit representative before trying anything. You are going to need a strong case and a competent advocate to win your case.

Bankruptcy no bar to permanent residence or citizenship

Q. Will filing for bankruptcy keep me from getting permanent residence? As you are aware, many people are facing economic hardship. I am one. -- Cesar, Dallas, Texas

A. Your filing for bankruptcy won’t impact your right to get permanent residence. If you are applying for permanent residence based on a family petition, you’ll likely need your petitioning relative and/or a friend or another relative to provide proof that you can live here without needing public assistance.

Further, bankruptcy does not impact a permanent resident’s right to naturalize. Economic status is not an issue in citizenship applications. Even if your bankruptcy were to come to the attention of the U.S. Citizenship and Immigration Services in the course of a permanent-residence or naturalization application, which is unlikely, it is irrelevant to your immigration rights. You need not be ashamed of filing for bankruptcy.

Ways to become a permanent resident

Q. How can I become a U.S. permanent resident? Is it enough to have enough financial resources to live there without working? Will having a career help? -- Diana Garcia, Mexico

A. U.S. immigration law carefully limits who can get permanent residence. Let’s discuss the most common routes.

Most individuals need sponsorship from a U.S.-citizen or permanent-resident relative. Eligible in the family immigration categories are the spouse, son or daughter (married or unmarried), brother or sister, or parent of a child age 21 or older of a U.S. citizen. Also eligible are the spouse and unmarried sons and daughters of U.S. permanent residents.

The next most common way to get permanent residence is if you have special talents or needed skills. With exceptions for exceptional or extraordinary individuals and intracompany transferees, most individuals who get green cards qualify because a sponsoring employer cannot find a qualified U.S. worker to fill the job.

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