At the Law Office of Andrew Park, we do not just handle paper work.

At the Law Office of Andrew Park, we do not just handle paper work.

We actually fight for you and represent you at Immigration Court to help you stay here in the United States with your family.

If you have any inadmissibility issues such as Criminal Convictions or Prior Immigration Violations, we will work to see if we can evaluate if filing a post-conviction relief in Criminal Court is necessary or file an Immigration Waiver for your inadmissibility.

We will work vigorously and aggressively to defend your removal/deportation from the United States. Your removal from the United States is not automatic even if you are not in lawful status. There are relief applications available to defend your removal from the United States. The following are common applications that may be relevant to your case at hand.

Cancellation of Removal For Non-Permanent Residents

To qualify for CANCELLATION OF REMOVAL you need the following:

  • Ten Years Physical Presence in the United States prior to the issuance of a Notice to Appear in Court
  • You have been a person of good moral character for ten years;
  • You are not inadmissible under on criminal grounds, fraud, national security, or any other inadmissible grounds
  • Most Importantly, Your removal would result in exceptional and extremely unusual hardship to your spouse, parent, or child, who is a citizen of the United States or a lawful permanent resident.

Cancellation of Removal for Permanent Residents

It is the government's burden to show that you should be removed from the United States. Assuming the government has met its burden, you still have the opportunity to prevent your removal from the United States. To qualify for Cancellation of Removal for Permanent Residents you need the following:

You have been a lawful permanent resident of the US for at least 5 years
You have resided continuously in the US for a minimum of 7 years after being admitted to the US. in any status (prior to the institution of removal proceedings)
You have not been convicted of an aggravated felony; and
You are not inadmissible from the US on security grounds.

Asylum

You and your spouse and children will be able to apply for lawful permanent residency after being granted Asylum.

  • For Asylum Purposes You Must file I-589 application within one year of your last entry to the United States
  • A "refugee" is defined by section 101(a)(42)(A) of the INA as an alien who is unwilling or unable to return to his or her home country "because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion..."
  • To qualify for a grant of asylum, an applicant must credibly demonstrate that he or she suffered past persecution or has a well-founded fear of future persecution within the meaning of the Act.

Withholding of Removal

Withholding of Removal

Same as above except the standard is: "more likely than not "you will be persecuted on account of race, religion, nationality, membership in a particular social group, or political opinion.." In other words, you need to have more than 50% percent likely of being persecuted based on race, religion, nationality, membership in a particular social group, or political opinion.

  • You will not be able to obtain lawful permanent residency, however, you will have the ability to work here in the United States.
  • You can file this application even though your last entry to the United States was more than one year ago.

CAT - Convention Against Torture, Article 3

An applicant bears the burden of demonstrating that it is more likely than not that they will be tortured if removed to their country of origin. The Board of Immigration Appeals (BIA) has found that torture "must be an extreme form of cruel and inhuman punishment" that "must cause severe pain or suffering."

Other Applications Available to file in Immigration Court

NACARA

  • If you are a El Salvadorian or Guatemalan you may qualify for NACARA benefits. If you qualify for NACARA you may qualify to obtain lawful permanent residency.

Registry

If you were continuously present here in the United States since January 1, 1972, you may be eligible to receive a green card (permanent residence).

VAWA

  • If you were the victim of domestic abuse from a spouse who is either a lawful permanent resident or citizen of the United States, you may qualify to become a lawful permanent resident here in the United States by filing a VAWA application with USCIS or the Immigration Court via a VAWA cancellation of removal.

If you or your loved one(s) are in Removal/Deportation Proceedings anywhere in the United States, please contact the Law Office of Andrew Park. We will provide you with the individualized attention tailored to your case and devise a legal strategy to vigorously defend your removal. We will do everything legally possible to ensure that you or your loved one(s) stay here in the United States with your family and friends.