NOTE: Every case is different. The stories below are not meant to serve as legal advice and may or may not apply to your own situation. Because even the smallest difference in facts and history can alter the outcome of a case, it is essential not to depend on these stories as advice on your case and to obtain a consultation with a qualified attorney based on the particulars of your own situation.
Withholding of Deportation
J.R. is a gay man who was kidnapped and brutally raped in his home country of Mexico by a police officer. After making his way to the U.S. unlawfully, he was placed into removal proceedings and was in danger of being returned home. The prospect of return was so traumatic for him that it placed his mental and physical health in jeopardy. At his removal hearing, Jeff Jung was able to win a Withholding of Deportation, preventing the government from deporting J.R., and providing him with authorization to work in this country.
R.D. is an outstandingly hard work worker and family man who is the sole support for his homemaker wife, their two young daughters, and his wife's ill parents. Because R.D. entered the United States without authorization 15 years ago, he has no chance to get his green card from within the country, regardless of his good conduct and regardless of the need of his family of U.S. citizens. We explored the family's hardships, assisted them to write compelling declarations, and assembled an impressive array of evidence to substantiate their claims. Their result was a granted provisional waiver which R.D. was able to await in his own home. He is now on his way to his home country for a quick green card interview, the provisional waiver providing advance permission for him to reenter without a ten-year bar. Time of separation from family: 5 days.
V.F. was held prisoner in his own home and tortured by an intruder. V.F. was able bravely to testify and send his attacker to jail. Because of his cooperation, Jeff Jung was able to convince the U.S. government to provide V.F. with a U Visa which entitled him to remain in the country and eventually qualify to apply for a Green Card.
Adjustment of Status under CSPA
W.B.'s exceedingly complex immigration case was complicated by her having "aged-out" of eligibility for a green card and by her supposed marriage which also disqualified her. Jeff Jung's arguments convinced the court that W.B. was protected from aging out by the Childhood Status Protection Act and that her supposed marriage did not bar her from obtaining a Green Card.
N.F. applied for his green card as a child, but one was not available until he turned 24. The government tried to push him back to the end of a longer queue for adult sons of Lawful Permanent Residents. Jeff Jung demonstrated that this was incorrect, since the Child Status Protection Act required the government to let him keep his position in line, even though it was a longer line. This was a difference of 7 years in waiting time, and in fact, by the time Attorney Jung came to the case, the wait was already over. N.F. received his Green Card a few months after this argument was presented.
V.V. had lived in the U.S. for most of his life when he was apprehended while returning from a short cruise. He was placed in Removal Proceedings. Jeff Jung was able to have the proceedings terminated because of defects in the government's charging documents, and later assisted V.V. in not only saving his Green Card, but in obtaining his citizenship as well.
Adjustment of Status
A.A. was in the process of getting her green card when a misunderstanding led police to arrest her for possession of a controlled substance. This, in turn, prompted DHS to tell that she would be removed from the country unless she could prevail with a difficult waiver application under section 212(h) of the Immigration and Nationality Act. DHS was overlooking an important 9th circuit case from 2000 that protected A.A. by allowing her first-offense controlled substance conviction to be forgiven for immigration purposes. This exception is no longer available to offenders as of July 14, 2011, but A.A.'s older conviction did qualify. Our legal argument convinced DHS that it was in error, and the Green Card was issued without delay.
"I believe that as long as we live in a world with borders, there is good and valuable work to be done in assisting the free movement of people around the world and keeping families together."