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.
To qualify for CANCELLATION OF REMOVAL you need the following:
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.
You and your spouse and children will be able to apply for lawful permanent residency after being granted Asylum.
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.
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."
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).
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.