Every case is unique. It is important to seek consultation from an experienced attorney who will tell you the truth.
Attorney Kim has represented clients in a myriad of immigration matters, including Asylum, Withholding of Removal, Cancellation of Removal for Non-Permanent Residents (42B) and Permanent Residents (42A), Adjustment of Status, Naturalization, Petition for Alien Relative, NACARA, TPS, DACA, U Visas, H-1B visa, O-1 visa, and more. Beyond immigration, Attorney Kim has represented clients in business contract disputes, personal injury and criminal defense.
The following is a brief listing (in no particular order) of some of the most common types of cases which Attorney Kim handles on a regular basis. If you wish to have a specific discussion about these or other types of legal matters, please feel free to contact this office by filling in the form at the bottom of the page. Please include a brief message explaining your circumstances and the assistance you need.
REPRESENTATION IN IMMIGRATION COURT (REMOVAL PROCEEDINGS): If one has received a "Notice to Appear" or is held in immigration detention, effective representation is an urgent must. In these cases, the Department of Homeland Security, through their attorneys, has charged the individual with violating the immigration law and is trying to remove (deport) them. There are applications that one may be eligible for, such as Asylum, Withholding of Removal, or Cancellation of Removal. Retaining experienced immigration counsel as soon as possible is highly recommended.
ASYLUM OR WITHHOLDING OF REMOVAL (AFFIRMATIVE FILING BEFORE USCIS): If one fears return to one's home country because of harm or persecution on account of one's race, religion, nationality, political opinion, or membership in a particular social group (i.e., LGBTI), then one should seriously consider applying for Asylum or Withholding of Removal. Contrary to popular belief, fleeing one's home country due to fear of gang violence, domestic violence or extortion-- in and of itself-- does not qualify one for asylum relief. There are various and complicated requirements in achieving a successful outcome in these cases, so consulting an experienced immigration attorney is highly recommended.
PETITION FOR ALIEN RELATIVE (I-130): If a person wants to obtain immigration status through a spouse, parent or child who is both 21 years old or over and is a U.S. citizen or Permanent Resident, then they must start with this petition, known as an "I-130." There are conditions and requirements, so one should consult with an experienced immigration attorney in preparing and filing this properly.
ADJUSTMENT OF STATUS TO PERMANENT RESIDENCE (I-485): If a person already has an approved I-130 or I-360 petition, then he or she can pursue Adjustment of Status to obtain their permanent residence (known commonly as a "green card"). Depending on how the person entered the U.S. (illegally or with a visa/permission) and whether or not they have left the U.S. since entering, the person may or may not be able to adjust status.
- If they entered illegally, they can still adjust status, as long as they are "245i" eligible from having had a previous petition filed for
them on or before April 30, 2001.
- If they never had a previous petition filed for them, and they entered illegally, they may pursue permanent residence through
Consular Processing, as long as they obtain an I-601A waiver and they do not have a disqualifying criminal record.
Adjustment of Status and Consular Processing cases can often be long and complex, so one should consult with an experienced immigration attorney in order to prepare and file such applications properly.
DACA (DEFERRED ACTION FOR CHILDHOOD ARRIVALS): Popularly referred to as the DREAM Act, and its recipients as "Dreamers," DACA is available for those who are uncodumented and were brought over to the U.S. as children. Further requirements include that one: was born on or after June 16, 1981; came to the United States before reaching one's 16th birthday; has continuously resided in the U.S. since June 15, 2007 up to the present time; was physically present in the United States on June 15, 2012; is currently in school, has graduated from high school, or has obtained a general education certificate (GED); and has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.
Various other conditions and requirements may apply, so one should consult with an experienced immigration attorney in preparing and filing such application properly.
EMPLOYMENT AUTHORIZATION (EAD or WORK PERMIT): Often times, undocumented persons are motivated to enter and/or remain in the U.S. illegally, simply to work. However, to obtain employment authorization, one must prove to the USCIS (U.S. Citizenship & Immigration Services) that one has a pending application under one of the qualifying categories of employment authorization and that it has been properly filed before either the Immigration Court or USCIS. Qualifying for a work permit is not a simple task, and one should consult with an experienced immigration attorney before preparing and filing such application.
U VISA: An undocumented person who was the victim of a serious crime (typically involving violence) and who reported to, and cooperated with, the police, can apply for a U visa. This visa would give the person 3 years to live and work in the U.S. legally (the visa holder may apply to extend the visa as well). At the end of the 3 years, the person is allowed to apply for permanent residence. This is a very powerful immigration benefit that has helped many undocumented people. However, the typical wait period is 3 to 4 years. With the long wait time and the extent of evidence required, one should consult with an experienced immigration attorney in preparing and filing for this visa.
If you seek representation or consultation in any of the above types of legal matters or any other legal matter, please feel free to contact this office by filling in the form below. Please include a brief message explaining your circumstances and the assistance you need.