Kyung Immigration Law Office, A Professional Law Corporation provides removal defense services for our clients, carefully tailoring our approach to every client case. When you are in removal proceedings it is important to understand all of the options you may have to be able to remain in the country. Removal proceedings are very high stakes because if you lose your case, the immigration judge will order you removed from the United States. It is extremely important that you have competent representation. You may even qualify to obtain your lawful permanent residency if you win your removal proceedings case. Our team has many years of experience in handling even the most complex removal cases and will help strategize the best way to handle your specific matter. In removal proceedings, your options may include:
Asylum & Withholding of Removal
If you have a fear of returning to your country because of a specific reason contained within the asylum law, such as your race, religion, political opinion, nationality, or belonging to a specific group of people, you may qualify for asylum or withholding of removal.
Cancellation of Removal for Non-Permanent Residents
Someone who has been in the United States for at least 10 years prior to them being placed in removal proceedings can obtain their lawful permanent residency (green card) if they can show that their deportation would result in an extremely high amount of hardships for their United States citizen or Lawful Permanent Resident relatives (spouse, parents, or children under 21). You will also need to show that you have been a good person for those 10 years.
Cancellation of Removal for Permanent Residents
If you are in removal proceedings after you have obtained your green card, then you may be able to file for Cancellation of Removal. If you have been a permanent resident for at least five years, have continuously resided in the U.S. for at least seven years after admission, and do not have an aggravated felony conviction, you may qualify to remain in the United States and keep your lawful permanent residency status.
212(h) Waivers
A 212(h) waiver is a discretionary waiver that allows certain individuals with criminal convictions to overcome inadmissibility to the United States, enabling them to obtain a green card or remain in the country
237(a)(1)(H) Waivers
A 237(a)(1)(H) waiver is a discretionary form of relief in U.S. immigration law that can stop deportation proceedings and forgive certain instances of fraud or misrepresentation committed at the time of entry into the United States. It is often called a “fraud waiver” and is primarily for those with a U.S. citizen or Lawful Permanent Resident qualifying relative (spouse, parent, or child) or for certain battered spouses filing under the Violence Against Women Act (VAWA)
Adjustment of Status
It is often the case that the immigration judge can process your green card application just like USCIS can. You can file for adjustment of status if you qualify to resolve your removal proceedings and obtain your lawful permanent residency.
Contesting Removability
The government has the burden to prove that you are removable from the United States. In some cases it may be the right move to hold the government to their burden and challenge them to prove you are removable in court. If they are not able to prove to the judge that you can be legally removed from the country, the judge will terminate your removal case. You will not obtain any kind of legal status if this takes place, but you also will not have an order of removal.
Voluntary Departure
You can ask the immigration judge for permission to leave the United States on your own without being deported. In many circumstances you may qualify to come back legally at a later point in time. With voluntary departure, you do not necessarily have to return to your home country. You can travel to another country if you have the legal right to travel to that country. You can ask for voluntary departure prior to your case being resolved, or you can ask for it at your final hearing, although it will be more difficult to receive at your final hearing.
We provide professional removal defense services for our clients. Our immigration attorneys strive to create a comfortable and compassionate atmosphere during the entire process. Contact our removal defense attorneys to have our team assist you or your loved ones.