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121 King Street, Melbourne , Australia
800.567.1234
After decades of building a life in the United States, many long term immigrants still wake up with a quiet fear that never fully goes away. You might have raised kids, bought a car, built a business, paid taxes, cared for parents, coached little league, and still worry about one thing, a knock at the door.
So here’s the truth, yes, ICE can detain you even if you have lived in the U.S. for 20 years or more. Time in the country can strengthen your defenses and improve your chances in court, but it does not automatically protect you from arrest or deportation.
The goal of this guide is to explain why, what makes some people more likely to be targeted, what rights you have, and what legal options may help you fight detention and stay with your family.
It feels logical to assume that after 20 years you have earned some kind of protection, like you have become part of the country in every way that matters. But U.S. immigration law does not work that way.
If you do not have lawful status, or if you are considered removable for another reason, immigration authorities can still arrest you, detain you, and place you in removal proceedings, no matter how long you have been here. There is no automatic cutoff where deportation becomes impossible just because time has passed.
That is the hard part to hear, but it matters, because it helps you focus on what actually helps, legal status, legal defenses, and preparation.
One confusing part of immigration enforcement is that policies change depending on the administration. Some periods focus mainly on people with serious criminal convictions or recent entries, other periods treat nearly everyone without status as a potential target.
Even when the government says it is focusing on certain groups, those are guidelines, not a personal guarantee. They can change quickly, they can be applied unevenly, and they can be influenced by local offices and individual officers.
So yes, being a long term resident with deep community ties and no criminal record may reduce your risk under some policies, but it never eliminates the legal authority ICE has to detain someone who is removable.
This is the core misunderstanding, physical presence is not legal status.
You can live in the U.S. for 20 years and still be undocumented if you never received a lawful immigration status, like a green card, asylum, TPS, parole, or another valid immigration classification.
Immigration violations also do not “expire” in the way people sometimes imagine. If you entered without inspection, or overstayed a visa, that does not disappear just because you lived quietly for a long time afterward.
Think of it like this, years of safe driving do not turn an expired license into a valid one. What helps is getting the license renewed, not just avoiding being stopped.
Some long term residents have a hidden problem they do not even know exists, an old removal order.
This often happens when someone was given a court date years ago and never received the notice, never understood it, moved, or was too afraid to attend. If the court ordered removal “in absentia,” that order can stay on your record for decades.
If ICE detains someone with a prior removal order, the case can move much faster, and bond may be harder or impossible in many situations. There may still be options, like filing a motion to reopen, especially if proper notice was never received, but it is time sensitive and complex.
If you suspect you ever had a past immigration case, it is worth speaking with a qualified attorney and checking your records before there is an emergency.
Vacating a conviction isn’t just about clearing your name, it’s about unlocking immigration benefits and opportunities that were previously barred. Once a conviction is vacated under PC 1473.7, it’s as if that conviction never happened for legal purposes. This can directly affect your immigration case in several positive ways:
It’s important to note that vacating a conviction under PC 1473.7 is a true legal erasure of the conviction (due to a defect in the original proceeding), which is very different from simply expunging a record. Immigration authorities generally ignore expungements or record clearances; they care about whether the original conviction was legally valid. With a 1473.7 vacatur, we are asserting that the conviction was not valid (because you were not properly informed), and thus it should not count against you. U.S. immigration law, under cases like Matter of Pickering, recognizes vacated convictions as long as they were vacated for reasons of legal invalidity, not just for immigration convenience. So, when your California court grants that motion, immigration courts and USCIS will typically honor it and treat the conviction as gone. This means you truly get the immigration benefit of the clean slate, allowing you to move forward with applications or defenses that were previously off-limits.
Another common trigger for detention is any criminal history, even something that feels small, even something that happened decades ago.
A few important points,
This applies to undocumented people and to green card holders. Many lawful permanent residents are shocked to learn that a green card is not the same as citizenship, and certain convictions, or travel followed by re entry screening, can bring up old issues.
If you have any arrest or conviction history, the safest move is to get an immigration and criminal record review with an attorney who understands both sides.
Yes, it can help a lot, just not in the way people hope.
Long residence can be powerful in these areas,
Prosecutorial discretion, strong equities like long residence, caregiving responsibilities, steady work history, and community ties can support a request for ICE to use discretion in how they handle your case
Bond, if you are eligible for bond, long term ties can reduce the judge’s concern that you will disappear, family, job, home, and community support help show you will come to court
Relief from removal, some defenses require a minimum amount of time in the U.S., long residence can help you qualify
In plain terms, your years here are evidence. They can be used to prove you belong here, to show hardship to your family, and to support legal relief. They are not an invisible shield that stops detention from happening.
People often hear, if you have been here 10 years you can stay. That is not quite right.
There is a real form of relief called cancellation of removal for non permanent residents. It can allow some people to apply for lawful permanent residence in immigration court, but only if they meet strict requirements.
In general, the person must show,
1. continuous physical presence for at least 10 years
2. good moral character during that time
3. no disqualifying convictions
4. a qualifying relative, U.S. citizen or lawful permanent resident spouse, parent, or child
exceptional and extremely unusual hardship to that qualifying relative if the person is removed
Two key realities,
1. First, it is not automatic, you do not “get” it just by reaching 10 years
2, Second, the hardship standard is very high, many people do not qualify even with strong family ties
And there is no separate 20 year rule that automatically grants status.
Having 20 years can strengthen the story and the equities, but the legal requirements are still the legal requirements.
If someone is detained, one of the first questions is, can they come home while they fight their case?
Sometimes yes, sometimes no. Eligibility depends on factors like criminal history, prior removal orders, and the type of case.
If bond is available, long term ties can help a lot. Evidence that often helps includes,
proof of long residence, like leases, bills, tax filings
proof of family relationships, like birth and marriage certificates
proof of work history, like pay stubs and employer letters
community support letters
records showing rehabilitation if there was a past offense
Bond is not the end of the case, but it can be the difference between fighting from home with your family, or fighting from a detention facility under intense pressure.
Even if you are undocumented, you have rights in the United States. A few that matter most in real life situations,
You can remain silent, you do not have to answer questions about where you were born or how you entered
You can ask to speak with a lawyer, the government does not provide one, but you can consult one
Do not sign papers you do not understand, some forms can waive your right to see a judge
At home, you generally do not have to open the door unless there is a proper judicial warrant, many people are tricked by paperwork that is not signed by a judge
Also, stay calm. Do not resist physically. Protecting your case is the priority.
If you or a loved one is detained, focus on fast, practical steps,
Speed matters. Detention cases move quickly and delays can close doors.
Myth, I have been here 20 years so they cannot deport me
Fact, time helps your defense but does not prevent detention or removal by itself
Myth, my kids are U.S. citizens so I am protected
Fact, it helps, but it does not stop ICE from detaining a parent
Myth, California is a sanctuary so ICE cannot arrest me
Fact, sanctuary policies limit local cooperation, they do not stop federal agents from making arrests
Myth, I have no criminal record so ICE will leave me alone
Fact, that lowers risk under some policies, but it is not a guarantee
If you are worried about this, the best time to prepare is before anything happens.
Consider these steps,
Preparation does not mean panic. It means protecting your family and giving yourself the best chance if the worst moment ever arrives.
Yes. ICE can detain someone who is removable regardless of how long they have lived in the country. Long residence can help your defense and your chances for bond, but it is not automatic protection.
Not automatically. It is a strong positive factor and may support relief in court, but it does not prevent ICE from detaining a parent.
There is no automatic rule that gives legal status based only on time. Some relief options require 10 years of presence, like cancellation of removal, but they are strict, discretionary, and must be won in immigration court
Yes. Prior orders can be enforced years later. There may be options to reopen some cases, especially if you never received proper notice, but you need legal help fast.
Often yes if you are not subject to mandatory detention and you do not have a prior order being executed. Long term ties can be very helpful in bond decisions.
Living in the U.S. for 20 years is not a small thing. It is a life, a family, a history, a community. The painful reality is that time alone does not stop ICE from detaining someone, but that same time can become one of your strongest tools when it comes to fighting back.
If you are concerned about your risk, do not rely on rumors or hope. Get real advice, build a plan, and protect your family now, while you still have the time and stability to do it.
The Law Office of Daniel Stefan Castaneda is always there to protect your rights. Give us a call at 619-710-6095, reach out via contact form here, or send a mail to daniel@castalegal.com
