Articles – New
Barker, Epstein & Loscocco and FitzGerald Law Company Have Combined Forces to Expand the Scope and Reach of Services to the Immigrant Community
Boston, MA, [Oct. 16, 2024] – Barker, Epstein & Loscocco, PC, and FitzGerald Law Company (FLC) are excited to announce their merger, which was effective October 1, 2024. This strategic partnership brings together two established Boston immigration law firms to...
The “Keeping Families Together” Biden Initiative Here at Last
On June 18, 2024, the Department of Homeland Security (DHS) announced a significant program to fulfill President Biden's promise to enhance family unity within the immigration system. The initiative, known as "Keeping Families Together," implemented on August 19,...
Biden’s New Immigration Regulation to Help Keep Immigrant Spouses of US Citizens and their Children Together: Parole in Place
On June 17, 2024, President Biden announced a new regulation to keep families together. This regulation will benefit a group of immigrants who entered the U.S. without inspection or permission and who married a U.S. citizen prior to 06-17-2024 and have been in the...
H-1b Visa Petitions- What is New for 2024?
Dear friends, As many of you know, the FY2025 H-1 Visa season is almost here, and we want to share with you what is new this year and the key points to keep in mind when applying for an H-1B Visa. On January 30th, 2024, USCIS announced the final rule to strengthen the...
USCIS Will Change Immigration Application Fees starting 4/1/2024
Dear friends, On January 30, 2024, the Department of Homeland Security (DHS), announced that USCIS will be changing the filing fees for certain immigration applications starting on April 1st, 2024, as well as some of the application forms themselves. The final rule...
Will an Arrest in Massachusetts Affect Your Immigration Status?
Getting arrested will have a decided impact on your life, but the situation may be more dire if you are an immigrant in the United States. Similarly to most states, getting arrested in Massachusetts may negatively affect your immigration status. How an arrest will...
Applying for a Green Card After a Visa Overstay in the U.S.
If you are still in the United States after the expiration of the electronic I-94 issued by CBP (Customs and Border Protection Agency) upon your entry, you will have overstayed your visa status and you may be considered as unlawfully present in the U.S. This can...
Can My L-1 Visa be Transferred to Another Company?
Many immigrants are in the United States with an L-1 Visa, as an executive, manger or an employee who has specialized knowledge, working with a particular international company. In order to qualify for an L-1 visa, these workers had to have been employed with a...
Optional Practical Training Program (OPT) for Graduates with Student Visas
If you are a foreign student studying in the United States, you might qualify for Optional Practical Training (OPT) after you have completed your studies, which will allow you to extend your stay in the U.S. and to obtain an Employment Authorization Document. This is...
How U.S. Companies Can Hire and Sponsor Foreign Workers
It is common for American companies to apply for immigrant or non-immigrant visas on behalf of foreign workers to have them fill a position and work in the United States. Despite it being a common practice, the process to identify the appropriate legal immigration...
Why is Declaring Taxes Correctly Important for My Immigration Status?
Declaring income correctly on tax returns every year is required by U.S. law, and for American residents and citizens, this includes any worldwide income. If you are an immigrant, most immigration applications will require the production of tax records at some point...
The H1B Visa Application Process and Requirements
As we approach H-1 visa registration time, we would like to share with you answers to the most common H-1b visa questions our Boston immigration lawyers receive. What is an H-1b Visa? An H-1b Visa is a non-immigrant visa that is generally used by companies to have a...
How to Fill Out Immigration Form I-130 for a Family Member
Filling out an Immigration Form I-130 to sponsor an immediate family member’s immigration to the United States can be a complex process. Failing to submit even a single document could mean long delays in processing your I-130 application, which can result in delays...
Can I transfer my H-1B Visa to a Different Employer?
Transferring your H-1B Visa to a different employer is a complex process that can have a significant impact on your immigration status. For that reason, many H-1B Visa holders are concerned about whether or not they can start working with a new employer before their...
Why H1b Visa Workers are Essential for Growth of the U.S. Economy
H1b Visa Employees: A Source of Skilled Talent for Economic Growth in the US Most U.S. employers have learned how important professional H-1B workers are for the economy. Even as the experts warn of a possible recession, it is not expected to cause a weakening of...
Recent USCIS Announcements Important for Our Immigrant Clients
USCIS Updates Policy to Automatically Extend Green Cards for U.S. Citizenship / Naturalization Applicants On December 12, 2022 USCIS updated their policy manual to automatically extend Green Cards for U.S. Citizenship applicants. Now, applicants who have properly...
What Happens to My Immigration Status If My H-1B Visa Application Is Denied?
Having your H-1B Visa application denied can be extremely worrisome, but what will happen to your immigration status, will depend on the particular circumstances of your case. For example, a denial of an H-1B Visa application, of which you were the Beneficiary, may...
Can I Apply for Naturalization While My Application for Removal of Residency Conditions, I-751, Is Still Pending
If you are a Legal Permanent Resident living in the United States on a conditional basis, you will need eventually to apply to have those conditions removed, in order to maintain your residency. In most cases this must be done just prior to the expiration of your...
How Much Time Can One Spend Outside of the Country to Still Be Eligible to Apply for U.S. Naturalization / Citizenship?
Most permanent residents in the United States still have many strong ties and families back in their country of origin. However, spending too much time outside the U.S. can negatively impact a person’s ability to maintain their Legal Permanent Resident status, as well...
Can I Apply for Naturalization While My Application for Removal of Residency Conditions is Still Pending
If you are a Legal Permanent Resident living in the United States on a conditional basis (a 2 year Green card) you will need to apply to have those conditions removed with an I-751 petition to remove conditions from residency obtained through marriage, or an I-829...
Can a Marriage Green Card Be Revoked?
There are several provisions of the Immigration Law that allow a green card to be revoked and those include Marriage-Based green cards, but there is not a “revocation” that is specific for marriage cases. Many Marriage-Based Residencies, however, are susceptible to an...
New TPP Process for Venezuelans To Enter the United States
As of October 19, 2022, the United States Citizenship and Immigration Services (USCIS) and the United States Customs and Border Protection (CBP) have a new process called the Temporary Parole Program (TPP), for Venezuelans who would like to come to the United States,...
Nov. 8: Vote Early if you are a US Citizen and Reasons to Vote Yes on Question 4
Our immigration lawyers and legal staff at FitzGerald Law Company, would like to encourage everyone who is a U.S. citizen and has the privilege to be allowed to vote, to vote conscientiously and early on Tuesday November 8, 2022. In addition, we invite everyone who...
Vacating a Criminal Conviction and Your Rights as a Criminal Defendant in Massachusetts
A criminal conviction can simply be overwhelming. It can be incredibly intimidating to stand in front of a courtroom and be accused of a criminal act. A judge will quickly decide whether they can remain free from custody while their case makes its way through the...
Green Card Processing Time for Siblings
The processing times for a sibling’s green card might be a total mystery for those attempting to help their siblings immigrate to the United States. A knowledgeable immigration lawyer can clarify the United States Citizenship and Immigration Services (USCIS) green...
Can You Check Your Case’s Status with USCIS?
Checking for important updates can be very frustrating when you have a case with the United States Citizenship and Immigration Services. However, there are multiple ways of checking your case’s status. What is a USCIS Receipt Number, and How Do I Find It? Your receipt...
ESTA and the Visa Waiver Program Benefits and Limitations
For decades, the US government has made it relatively simple for citizens from certain countries to travel to the U.S. as visitors for short periods without a visa, through its Visa Waiver Program (VWP). More recently, this program has become commonly known now...
How to Obtain Your U.S. Residency / Green Card through TPS
TPS holders may apply for Legal Permanent Residency (a Green card) in the United States via adjustment of status, now that they are eligible to receive a TPS travel permit (form I-512T),which allows them to lawfully re-enter the U.S. after traveling abroad. While TPS...
Do you qualify for a Cancellation of Removal case (10 Year Law)?
Cancellation of Removal/ Deportation is a limited form of relief for certain non-permanent residents who are in removal proceedings and meet the following requirements: The alien must demonstrate that they have lived in the United States continuously for the last ten...
Who Can Apply for a TN Work Visa?
The TN Visa is a non-immigrant work Visa for qualified Canadian and Mexican professionals in certain specified occupations. These include scientists, engineers, architects, economists, lawyers, accountants, pharmacists, dentists, nutritionists, therapists,...
I Was Not Selected in the H-1B Lottery, What can I do Next? An Employment Green Card Petition?
Hoping to be selected in the H-1B lottery can be a nerve-wracking experience for both employees as well as employers, as there are usually never enough H-1B visas available to fulfill the demand for them. However, we should not forget, that employers have the option...
Most Common Types of Non-immigrant Visas
What is a non-immigrant visa? A Non-immigrant Visa is a visa for foreigners, who want to come or remain in the United States, on a temporary basis for a specific period of time and purpose, as opposed to an Immigrant Visa through which an individual may obtain a Green...
The Remote Workplace and H-1b Amendments
In the last 2 years our understanding of our workplace has changed. In January of 2020 the majority of us left our homes each day to go to work, whether it be at an office or a customer's site. But since March of 2020, for many our workplace has been our kitchen, our...
A Widow’s Green Card Journey: The Importance of Strategy in an Immigration Case
While having good documents and evidence are the foundation of success in an immigration case, identifying the best strategy early on and executing it well are the key to efficiently obtaining that success. Our office is pleased to share a client story that...
O-1 Visa and Green Card through an Employment Residency Self-petition (EB-1A visa)
We are proud to present you with a testimony not only of a successful case of an O visa and a Self-petition for Residency, but of the trust that our clients place in us every day to help make their dream of making a life in the United States come true. For this and...
New Instructions for Prioritizing Removal of Non US Citizens Effective November 29, 2021
At FitzGerald Law Company, we know that the last few years have been difficult for the immigrant community, and that the pandemic has created its own unique hardships. Fortunately, there has been some positive changes implemented by the Biden Administration regarding...
Extension of Evidence of Status and Removing Conditions of a Two Year Conditional Green Card based on Marriage
As you may have heard, the USCIS announced that starting Sept. 4, 2021, it will be extending the time that I-751 and I-829 receipt notices can be used to show evidence of status from 18 to 24 months, when presented together with a Permanent Resident Card or “Green...
Essential Documents for a Successful Marriage Green Card Petition
Marriage is an important life event for many people and a cause for celebration. For some couples, it is even more than that because it means that they will be able to file a Marriage Residency Petition with USCIS, if one spouse has Residency (Green Card) or...
Become a U.S. Citizen and Fight Voter Suppression with your Vote
Last year, we witnessed a monumental victory for democracy: in the middle of a pandemic, over 159 million people voted in the presidential election. That means that over 159 million people had their voice heard, more than in any other presidential election in U.S....
US Supreme Court Decision Could Help Immigrant’s Eligibility for Cancellation of Removal (“the 10 Year Law”)
As we have discussed before, the United States federal court system serves an extremely important function in ensuring that Congress and the President follow the law. On April 29, 2021, we saw yet another example of this in the case of Niz-Chavez v. Garland and the...
Critical Access to Driver’s Licenses for Immigrants and for All
The year 2021 is increasingly looking like the year that we leave behind many damaging Trump-era policies, including his public charge regulation, and welcome new policies, such as the designation of Venezuela for Temporary Protected Status (TPS). It remains to be...
Real ID Law Create Driver’s License Chaos for Immigrants
Although the REAL ID Act was passed by Congress in 2005, its requirement that people possess REAL ID-compliant driver’s licenses has not become a nationwide obligation. On October 1, 2021, that will change. As of that date, every person who wants to get on a...
Temporary Protected Status (TPS) Approved for Venezuelans for 18 Months
On March 8, 2021, the Secretary of Homeland Security, Alejandro Mayorkas, designated Venezuela for Temporary Protected Status which will allow Venezuelan nationals to obtain Employment Authorization and permission to remain lawfully in the U.S. for 18 months, starting...
How DACA & Advance Parole Can Lead to Residency
On January 20, 2021 the Biden Harris Administration, in its first day, re-instated the DACA program as it had existed on September 5, 2017, including the eligibility to obtain permission to travel outside the United States and lawfully return. Under the current...
Choosing the Best Employment Visa Option: H-1B or U.S. Employment-based Residency
This time every year, our attention turns to the H-1B category. Last year, the H-1B Visa petition process introduced a brand-new initial step: the registration process, which included a $10.00 fee and preceded the lottery selection. This year the process will be no...
H1B Lottery Registration set to begin for the 2nd Year without change to the Prevailing Wage
On January 20, 2021, the Biden-Harris Administration issued an Executive Order that all rules from the prior administration that were pending at the Federal Register but had not been published must be immediately withdrawn. In addition the Biden-Harris Administration...
New Work Permit Opportunity for Asylum Applicants
We know that the last 4 years have been an enormous challenge for immigrants and their loved ones, and although the new year will bring a new administration that will likely be pro-immigrant, there is still a great deal of damage inflicted by the Trump Administration...
Important Recent Developments for TPS and DACA
We hope you are all taking care of yourselves as we plan for safe holiday celebrations. Recently the USCIS has issued two important announcements that we want to share with you. TPS On December 9, 2020 USCIS announced that it would extend TPS, Temporary Protected...
We Support MassUndocuFund this Thanksgiving
Moving Forward With a Ray of Hope
As we all take a moment to rejoice with the election results, we cannot lose sight that there is much work to be done to control the COVID-19 pandemic and bring back stability to our economy and government. With new leadership focused on unity, collaboration, empathy...
You May Qualify for a U Visa if You Are a Victim of Crime
One of the aspects of life in the United States that tends to draw people to its shores is that it is safer to live here than in many other parts of the world. However, that does not mean that there is no crime in this country. Crime is still an issue with which the...
Recent TPS Changes and Why TPS Beneficiaries should Act Now and Apply for U.S. Residency if Eligible
These years with the Trump Administration have been challenging to say the least, and the immigrant community has been suffering more than most others. The most recent blow is directed specifically at the estimated 325,000 individuals with Temporary Protected Status...
Exception for H-1, L-1 and J visas to the Proclamation Suspending Entry
As the coronavirus pandemic continues to wreak havoc on our lives, one of the Trump Administration’s Presidential Proclamations that was initially allegedly geared towards assisting in the country’s economic recovery, appears to have taken a curious turn. The...
Register to Vote and Vote Early to Make sure your Vote Counts!
Although it is still summer, it is time to start thinking about an event of profound importance that the fall will bring: the presidential election. Regardless of where your political ideologies lie, one of the privileges of being a U.S. Citizen is that you can cast...
Trump Government will not Accept New DACA Applications, Disobeying Federal Court Orders
A hallmark of the United States government has always been the separation of powers between the Judicial, Legislative, and Executive branches. This system was set up with the clear purpose of ensuring that no single branch could overstep its authority, and to keep a...
Federal Court Issues a Temporary Hold on Public Charge Form (I-944)
During the Trump Administration, an important tool immigration advocates have used to protect the right of immigrants, has been the federal court system. It has been the federal courts that struck down the initial versions of the “Muslim travel ban”; that prevented...
10 Car Accident Facts
Car accidents have unfortunately become a common element in today’s society and Massachusetts is no exception. When an accident happens due to someone else’s recklessness, carelessness or negligence and you suffer bodily injuries you may be able to make a personal...
USCIS Will Increase Fees Soon
On July 31, 2020, the Department of Homeland Security (DHS), announced that USCIS is increasing the filing fees for certain immigration applications and it will be effective on October 2, 2020. The final rule shows that, while USCIS decreases the costs of some...
Final Rule for Employment Authorization for Asylum Applicants
As the world continues to reel from the effects of the ongoing pandemic, and the uncertainty it brings, the Trump Administration has characteristically decided to add to the chaos and to immigrants’ suffering during this unprecedented time. On June 26, 2020, the...
Common Car Accident Injuries in Boston, MA
Have you or a loved one suffered from injuries in an automobile accident caused by someone’s negligence in Massachusetts? A car accident attorney from FitzGerald Law Company can help you get the compensation you deserve for your injuries. When you have been injured in...
When do you NOT Need an Attorney After an Accident?
There are definitely situations where you may not want a personal injury lawyer to be involved in your accident claim, but those situations are few and far between. As experienced legal professionals, we have no problem letting you know if your situation might not...
Criminal Activity Consequences for Legal Permanent Residents and Other Immigrants
As we continue the fight against COVID-19 and the gradually return to our regular activities, we would like to remind you that the team of FitzGerald Law Company is accepting again in-person meetings and is available to answer your questions. During times of crisis,...
The New Trump Proclamation of 6/22/20
As the school year has ended, we find ourselves entering a summer that will be markedly different from previous years. Although the ongoing coronavirus crisis continues to disrupt our lives, it also keeps many of us closer together. Sadly, this cannot be said for many...
What if My Car Accident Injuries Appear Late?
Car accidents are traumatizing for those who experience them. Whether a fender bender or a more serious accident, there is a lot of force involved when a vehicle has been in a collision. Most of the time the injuries are felt immediately but there are situations when...
The Supreme Court has Saved DACA
The Supreme Court has ruled that the Trump Administration’s attempt to terminate the DACA (Deferred Action for Childhood Arrivals) program was unlawful. In September of 2017, Acting Secretary of the Department of Homeland Security issued an order rescinding and...
False Claims of Citizenship Will Result in USCIS Denials, Even if You Are Unaware You Made Them
As you know, immigration law is highly complex and difficult to navigate without the assistance of experienced and knowledgeable legal professionals. Still, Some aspects of the immigration law are more familiar than others: filing a U.S. Residency petition for family...
Can you travel while waiting for a green card in Massachusetts?
Whether or not you can travel while you are waiting for your green card (Legal Permanent Resident Status) depends on a number of factors, including but not limited to what is the basis of your “green card” request. For example, someone who is waiting for their...
No Place for Racism, Injustice or Abuse of Power
Dear Friends, So many of the recent events have left us saddened as they have been a cruel and bitter reminder of the frailties of our society, and we are left grieving not only for what happened to George Floyd and those who have suffered a similar fate before him,...
What is the Writ of Mandamus?
A Writ of Mandamus, a Latin Phrase which means a “Petition for an Order”, is a legal action filed with a Court to obtain an order to compel an action. This is the type of petition that is often filed by immigration lawyers against federal government agencies to force...
Preparing Our Office for the Gradual Restart of In-Person Meetings
Dear Friends, As you all know, our team has continued working diligently for our clients remotely during this pandemic and this week we are getting prepared for the gradual reopening of our office for in-person meetings with clients and potential new clients. Our...
Loss of Consortium – An Injury from an Accident Impacts Everyone
Dear Friends, If you ever suffered an injury from a car accident then you know how badly those injuries impact your life and how it also impacts the lives of others in your family. Family members of injured persons have rights which can be affected when a family...
What Are the U.S. Immigrant and Non-Immigrant Visa Types?
Generally, people from another country must obtain a visa, whether immigrant or non-immigrant to enter into the United States, if they do not qualify for the visa waiver program (ESTA), which allows non-immigrants from certain qualified countries to enter the country...
How Can You Keep Your OPT Status if you Do Not Have a Job Yet
Dear Friends, Normally, this time of year is one full of excitement for students reaching the end of their academic career. Graduation ceremonies, graduation parties, and for some, a summer break, all bring families and friends together to celebrate their loved ones’...
The Immigration Law of the United States, its Administration and Enforcement
In the United States, the immigration law is made up of a large number of statutes, regulations, administrative agency rulings, and decisions from federal courts, including the District Courts, the Circuit Courts of Appeal and even the Supreme Court. The Immigration...
Trump’s Proclamation Suspending Entry of Certain Immigrants
Dear Friends, During these difficult times, we would like to remind you that our immigration, criminal defense and personal injury lawyers at FitzGerald Law Company are here to answer your questions and provide guidance. We know that there is a great deal of...
Expiration of Visas and Extension of Stay
The current coronavirus crisis has caused a travel ban throughout the world, including international travel from the U.S. This is necessary to contain the spread of this virus and to limit its impact. This travel restriction has potentially caused issues for...
Types of Visa That Are Perfect for Investors
Being a foreign entrepreneur or business owner, you may want to create or invest in a business in the United States. However, in order to do so, you will need a sound business plan and the appropriate investor visa. Our U.S. visa lawyers can help you to determine...
Unemployment Benefits for Immigrants During the Coronavirus Covid-19 Pandemic
With the Coronavirus pandemic affecting the whole world, we want you to know that the team at FitzGerald Law Company is here to assist you in any way we can. For many of you, the pandemic has brought a reduction in your work hours, or a loss altogether of your job. ...
We are Still Here Working for You During the Covid-19 Crisis & USCIS Update
Dear clients and friends, We hope you and your loved ones are healthy and following the recommendations issued by the Center for Disease Control (CDC). At FitzGerald Law Company our attorneys and entire team continues to work on our client’s cases remotely via...
When Is a Crime Considered a Federal Crime or Offense?
A crime is a “Federal Offense” when a criminal charge is filed in the federal court and/or when an indictment is issued by a federal grand jury, based on alleged conduct that is a violation of a federal criminal statute/law. Many criminal activities are governed by...
USCIS and EOIR Coronavirus Procedures Update
Dear friends, Late last night the USCIS (US Citizenship and Immigration Services) announced that to help slow the spread of the coronavirus COVID-19, it will be suspending routine in-person services from March 18th until at least April 1st; in its local offices,...
COVID-19 Precautions and Protocol at FitzGerald Law Company
See USCIS and EOIR Coronavirus Procedures Update Dear friends, Over the past weeks, the developments and evolution of the COVID-19 (coronavirus) has touched us all and our hearts and prayers are with those who have been significantly affected by the virus. At...
Why would a lawyer defend a criminal?
Call 617-303-2600 if you Need a Private Criminal Defense Lawyer in Massachusetts Many people including defendants wonder why an attorney would choose to represent people charged with committing crimes, particularly when the charges are serious and the prosecution has...
Are all Attorneys Trial Lawyers?
No. Trial lawyers are those who appear before courts and administrative agencies to represent people, entities or the government. Most legal matters are managed without the need to appear in court. As a result, most lawyers are not directly involved in litigation. ...
An Employment Green Card Petition as alternative of an H1b Visa
Dear friends, As you know, this year the process to apply for an H1B Visa has dramatically changed as we explained in our February Newsletter. Even though now is easier and inexpensive to participate in the H-1b visa lottery, this also means that more people will...
Uncertainty in New Process for applying for H1B Visas for Professional Employees in 2020
As many already know, the H-1B Visa Procedures will be somewhat different for the 2021-2022 period, particularly for those filing initial applications, including for beneficiaries eligible for the advanced degree exemption. While the basic H1B requirements and...
The Importance of Under-insured / Uninsured Motorist Coverage in your Car Insurance Policy
Dear friends, Although August has been reported as the month with the most car accidents in the U.S., snow is the cause of nearly 20% of all weather related accidents. Careful driving in the winter is essential. If, however, you have the unfortunate experience of...
Immigration Impact of Criminal Charges Even Without a Conviction
Most people understand that a conviction in a criminal case will have a substantial impact on their immigration status, but very few realize that even just a criminal charge may have an impact on an immigrant as significant as if they were convicted. Below are some...
Help us select the non-profit for our donation
Please submit your vote by December 17, 2019 The finalist organizations for our end of year donation are: Kids in Need of Defense Promotes a world in which children´s rights and well-being are protected as they migrate alone in search of safety; by providing legal...
Don’t Wait to Become a U.S. Citizen. Our Country Needs Your Vote
Dear friends, Unfortunately it is now well known, that this administration is fraught with corruption, lies and racism, and that it poses severe challenges for immigrants and their families. Yet it is difficult to complain if we do not exercise our right to vote. As...
FOIA requests and how can they be helpful in an immigration case
Dear friends, In our practice it is generally important to review the past history of a case in order to establish the best strategy to move forward. Many times our clients do not have copies of past immigration applications they have filed or others have filed on...
The Importance of Under-insured / Uninsured Motorist Coverage in your Car Insurance Policy
Dear friends, Although August has been reported as the month with the most car accidents in the U.S., snow is the cause of nearly 20% of all weather related accidents. Careful driving in the winter is essential. If, however, you have the unfortunate experience of...
Are you eligible for asylum in the U.S.?
Dear friends, To be eligible for asylum in the U.S., a person must prove that they are part of a special group in their country and that they have been persecuted in the past or that they have a reasonable fear that they will be persecuted in the future because of...
The immigration crisis has worsened…
Dear friends, A Real Immigration Crisis has been created and worsened by the Trump Administration. While Trump’s “Crisis Proclamations” in November and February were not credible or accurate, a true humanitarian crisis has been created by his administration and will...
Economic Studies Reports about Immigration and the Economy
We would like to share some economic studies reports about Immigration and the impact on the United States' Economy: The Effects of Immigration on the United States’ Economy - by the Center for Latin American Studies Berkeley Review of Latin American Studies, Fall...
A Wall is Already Being Built
Dear friends: Trump said that he was going to build a wall, and most of us thought him incapable of doing so. He has distracted us with his statements about steel slates on our Southern border so we did not know that the wall is already being built right before our...
Let’s give thanks, help us choose!
Please submit your vote by December 14, 2018 Vote Here Now
Do you qualify for an employment Green Card?
Dear friends: Probably you have heard how U.S. citizens or permanent residents, might petition for immediate family members through family residency petitions and marriage residency petitions. But an immigrant may also be petitioned by an employer through an...
Deportation successfully stopped due Court Decision
Dear Friends, In June we shared with you a decision from the Superior Court that might have a big impact for certain immigrants giving them the opportunity to fight again for their removal cases. Today we want to share the story of one of our clients who benefited...
New Court Decision could help immigrants. Must Read.
Dear Friends, On June 21, 2018 a decision from the Supreme Court came down in favor of an undocumented immigrant that was in removal / deportation proceedings. This decision may have a big impact for certain immigrants who have orders of removal or are in removal...
Sample Notice to Appear (NTA) without a specified time and/or date to appear
FitzGerald Law Company on WBUR News about USCIS officials falsifying records of an asylum proceeding
Boston Immigration Attorney FitzGerald was featured on Boston’s NPR News Station, in the program "All Things Considered" regarding the story in which USCIS officials falsified records of an asylum proceeding. WBUR News published this article written by Shannon Dooling...
USCIS Sued by our Firm for Falsifying Records
On March 16, 2018 the principal attorney of our firm, Desmond P. FitzGerald, filed a lawsuit against the Department of Homeland Security, in the U.S. District Court in Boston, because USCIS officials falsified records of an asylum proceeding. The lawsuit states that a...
April 1st H1b Visa deadline approaching…what you need to know
Dear friends: April 1st is getting close and as every year, we would like to remind you that it is time to start preparing your H1b Visa application (Work Visas for Professional Employees). Below we share with you some of the most common frequently asked questions...
TPS is ending… Act now to identify your options!
Dear friends: As you know, on January 8, 2018, the Department of Homeland Security announced the termination of TPS for El Salvador. The termination date is delayed until September 9, 2019. This decision affects around 200,000 Salvadorians who have been living in the...
20 Years Serving Our Community
On the occasion of the 20th anniversary of FitzGerald Law Company, we would like to share a snapshot of our history helping people with their immigration, criminal, and personal injury matters. Attorney Desmond P. FitzGerald started his own immigration, criminal, and...
Vacating a Criminal Conviction to get the Green Card
Dear friends: The past newsletter talked about how a criminal charge can have a serious impact in your immigration case and how here, in Massachusetts, a criminal conviction may be vacated, which would give you another chance to obtain legal immigration status in he U.S.
Motion to Vacate a Criminal Conviction in Massachusetts
While a Motion to Reopen an immigration case, may provide a person with a second chance at obtaining legal status in the U.S., so too can a Motion to Vacate a criminal conviction. Criminal cases have a serious impact for all immigrants. A criminal conviction can...
The New DACA Rules
Dear friends: In wake of the news that the government has decided to phase out DACA (Deferred Action for Childhood Arrivals), we would like to make you aware that: USCIS will no longer be accepting initial requests for DACA, but will adjudicate initial requests for...
A second chance with immigration?
When we look back on our lives, irrespective of our age, there are always decisions and actions we would like to take back. In family relationships, at school, in sports and even at work, we are constantly given “second chances", but the same is not true for legal...
What are your constitutional rights if an immigration officer stops you?
Dear friends: Every individual in the United States have rights, regardless of their legal status. These constitutional rights are stipulated and written in the U.S. Constitution, and in particular, in the First 10 Amendments. Any law or act in contradiction to the...
Your Constitutional Rights in the United States Must Be Respected – Infographics
If an immigration officer stops you in the street or knocks on your door and asks you for information about your legal status or wants to question you, you should know that your constitutional rights allow you to: If you would like legal representation from one...
How to get a Green Card inside the U.S. if you have TPS
Note (March, 31, 2017): Court decisions in the 6th and 9th Circuits have also ruled that TPS holders may apply for adjustment of status even if they have not been “paroled” in certain circumstances. This change is particularly important for individuals who currently...
The Scope of Trump’s Executive Orders and DACA
Dear friends: In the past few weeks we have seen many news in terms of immigration. In particular, President Trump has issued 2 controversial executive orders which have had a deep impact, but in order to understand what is happening and what we can expect, first we...
Trump Executive Order: January 25, 2017
Trump Executive Order – January 27, 2017
Now is the time to get ready to file your H1-b Visa applications
Dear friends, As you know, the H1-b Visa (work visas for Professional Employees) allows foreigners to legally work in the United States and H1-b Visa applications should be filed with the USCIS no later than April 1st , which is the first day they start being accepted...
Eligible for immigration benefits?
Dear friends, After the last elections and the victory of the Republican party, there is much uncertainty about the future of the Obama´s temporary programs and executive actions, for example TPS (Temporary Protected Status) and DACA (Deferred Action for Childhood...
What happens with my immigration status if I have criminal charges?
Dear friends, It is important to know that any criminal charge or arrest may impact negatively in your immigration status and may cause the Immigration Service (USCIS) to deny your case, to start a removal proceedings or to detain you. The next infographic explains...
6 Types of Non-Immigrant U.S. Visas
These Non-Immigrant U.S. Visas include: H (H1b), E (E-1, E-2), L (L1b), K (K-1), O (O-1), R, P and U Visas, and their corresponding derivative visas for immediate family members of the primary beneficiary of the visas listed above. This infographic below illustrates...
The I-601A Waiver Regulation will be Expanded as of August 29, 2016
The I-601A Waiver Regulation will be Expanded as of August 29, 2016 Dear friends, On August 29th, a new regulation will go into effect that expands the number of people who will qualify for an I-601A waiver. The initial provisional I-601A waiver allowed certain...
Citizenship and the right to vote in the General Elections in November
Dear friends, It is getting closer to the next General Elections that will be celebrated in November, this year, and this always reminds to the immigrants that only the American Citizens have the right to vote in federal elections. In addition to the right of vote,...
When to file a Lawsuit Against the USCIS
Dear friends, An immigration process generally takes a long time due to the numerous administrative steps that have to be followed and the number of applications that the government receives every year. In some situations however, the waiting time may be extended for...
Got Arrested? What Happens with Your Immigration Status?
There are two types of convictions that generally result in problems with the Immigration & Naturalization Service; Crimes of Moral Turpitude and Aggravated Felonies. FitzGerald Law Company has expertise in both criminal defense and immigration experience and can...
Process for a Personal Injury Claim as a Result of an Accident
The following are the general steps our firm follows in processing a personal injury claim: 1. Evaluate the case to determine who is liable for the accident or injuries 2. Notify the responsible/liable parties of the existence of the claim 3. Provide notice to...
Apply for H-1b Visa or for Employment Green Card? – BY Desmond P. FitzGerald
Dear friends, As we do every year, we would like to remind you that this is the time to prepare to file H-1b visas. (work visas for Professional Employees). The USCIS starts accepting applications on April 1st, every year, for the H-1b visas that are issued in...
How to obtain residency or green card through employment
How to obtain residency or green card through employment: Individuals eligible for an employment Green Card or Residency, generally fall within one of the following categories: An executive of an international company or a person of Extraordinary Ability; A qualified...
Green Card Residency Through Marriage – Key Factors
Key Factors for the Success of a Marriage Green Card/Residency Application Obtaining residency through marriage to a US citizen has its advantages but it is also one of the petitions that is most scrutinized by USCIS and therefore careful attention must be given to...
3 Common Ways to Obtain U.S. Permanent Residence/Green Card
Most Common Ways to obtain a Green Card or US Residency: The three ways that most people obtain Legal Permanent Residence are: Family based petitions Business or employment based petitions, OR Special Programs Family petitions involve a US citizen or Legal Permanent...
Requirements for Cancellation of Deportation / 10 year law
Who qualifies for cancellation of removal of deportation and how can a Green Card Be Obtained through this immigration Process? A foreigner in the US nonpermanent resident alien may apply for cancellation of removal/deportation and obtain their Green Card or...
Does Getting Arrested Affect my Immigration Status?
This is one of the most common questions that comes up when a person who is not a US citizen has any problem with the police or is arrested. In general, any criminal charge, even if the person is not arrested and only receives a notice to appear in court, can have a...
Filing a Personal Injury Claim from a Motor Vehicle Accident
Contact FitzGerald Law Company for legal representation on Motor Vehicle Accident cases in Boston, Mass. FitzGerald Law Company has been representing individuals to obtain compensation for injuries suffered as a result of the negligence of others, since our inception...
Obtaining a U.S. Permanent Residence/Green Card
The 3 most common ways to obtain U.S. permanent residence or the green card are: Family based petitions, business or employment-based petitions, and special programs. This infographic below illustrates each of these options. If you would like legal representation from...
How to Obtain U.S. Permanent Residence/Green Card
As many of us know, the path to US citizenship for immigrants starts with first obtaining a green card. To commemorate the Hispanic Heritage Month, we want to address, the 3 most common ways to obtain U.S. permanent residence or the green card: Family based petitions,...
President Obama’s Executive Order
Frequently Asked Questions on Obama’s Executive Order December 2014 by Desmond P. FitzGerald, Immigration Attorney, Boston, MA Dear friends, If you are like most of immigrants in the U.S., you are probably wondering who will benefit from President Obama’s recently...
Qualifying for an L visa
Dear friends, Some individuals who have been employed outside the United States may qualify for an L-1 Visa, for Intra-company Transfers. Executives or managers, may qualify for an L-1A visa and those in a position that requires specialized knowledge may qualify for...
Immigration Application Schedule
This Schedule shows what your next steps may be in the path to obtain your US Citizenship and that of your family, once you have been approved your first immigration case. It specifically shows what the next applications to file may be and what is the earliest time...
Family Residency other than Marriage
This Schedule shows what your next steps may be in the path to obtain your US Citizenship and that of your family, once you have been approved your first immigration case. It specifically shows what the next applications to file may be and what is the earliest time...
Employment Residency
This Schedule shows what your next steps may be in the path to obtain your US Citizenship and that of your family, once you have been approved your first immigration case. It specifically shows what the next applications to file may be and what is the earliest time...
Why Choose Us for a Personal Injury Claim
At FitzGerald & Company, LLC, our Boston personal injury attorneys are experienced litigation lawyers not only in the personal injury field, but our trial experience encompassing immigration and criminal defense, at the State and Federal levels, give us an edge in...
Citizenship Application, N-400
English : Español 185 Devonshire Street, Suite 601, Boston, MA 02110 Call Us Now at (617) 303-2600 Case Type Eligible Application Earliest Filing Date Citizenship Application, N-400 Apply for residency of immediate family members not included in a prior residency...
Immigration Application Schedule-E1 or E2 Visa
English : Español 185 Devonshire Street, Suite 601, Boston, MA 02110 Call Us Now at (617) 303-2600 Case Type Eligible Application Earliest Filing Date E1 or E2 Visa File for E1 or E2 visa for spouse and unmarried children under 21 living outside the US (if they are...
Is your Immigration Petition Taking too long?
You have the right to sue the Immigration Service for a prompt decision on your case, if it is taking too long to process it. One of the most difficult things about the legal process to immigrate to the U.S. is the waiting. People have often felt powerless against the...
American Citizenship Newsletter
Second Quarter 2009 (Jun 2009) Dear friends, We invite you to view an immigration segment featuring an interview of our Principal attorney, Desmond P. FitzGerald by Angel Salcedo of the Encuentro Latino Show, airing Friday, June 26th, at 6:00 p.m. on Telemundo. If you...
Conditional Residency Newsletter
Experienced US Residency Lawyers in Boston, Massachusetts. Contact us for an appointment at 617-303-2600 1. Who is a conditional resident? 2. Are step-children always conditional residents? 3. How can a stepchild become a citizen automatically? 4. What happens if the...
The U Visa
The U Visa – for Victims of Crime & Domestic Violence First Quarter, 2010 For years we have had a law that provided immigration benefits for women who were abused by spouses who were U.S. citizens or Legal Permanent Residents (VAWA). This left an enormous number of...
Priority Dates Advanced – December 2010
As the year ends, we would like to inform you that Priority dates advanced dramatically for all family petitions in recent months (some categories by two years). This means that eligible family members of residents and citizens can obtain their residency much faster...
Residency and travel abroad: Avoid losing your residency (Dec. 2011)
Dear friends, We want to thank all our clients and friends for placing your trust in us and we wish you Happy Holidays and a healthy and prosperous New year. If you have used our services, we would also appreciate it if you would write a review of our service, so that...
Citizenship and Conditional Residency Considerations Following a Divorce (with Step Children)
How soon can you get your U.S. citizenship if you have conditional residency? A spouse of a US citizen may apply for citizenship after having resident status for 3 years, even if two or more years of that period of time was under conditional residence. Citizenship...
Obama’s New Waiver (I-601A) Regulation
What is the new Waiver (I-601A) regulation that will be in effect on March 4, 2013? What is the benefit of this new waiver regulation? Who qualifies to benefit from this new regulation? What happens if I have a pending I-130 family petition? Can I benefit from this...
Obama’s Startup America Policy Initiative
by Desmond P. FitzGerald In 2011, President Obama launched the policy initiative “Start Up America,” in which he set forth a number of provisions that are directed at attracting and accelerating the growth of job creating entrepreneurs, including provisions to...
Immigration Application Schedule [Oct 2013]
Dear friends, As the congress agenda is getting full and the prospect of immigration reform happening by the end of 2013 seems dimmer, we want to remind our immigrant clients and friends that if we truly want immigration reform to pass, we need to make our voice...
H1b Visas and Beyond…Next step Residency! (March 2014)
by Desmond P. FitzGerald Dear friends, Recently we sent a newsletter on the topic of H-1B visas (Specialty Occupation Work Visas), for professional employees with a minimum of a 4 year college degree and an employer willing and able to sponsor them (click here for...
Family/Marriage Green Card/Residency Petitions and Estimated Wait Periods (April 2014)
by Desmond P. FitzGerald Dear friends, One of the most common ways in which immigrants become US residents/Green Card holders is through a Marriage/Family Immigration Petition (form I-130). Within this group, there are two main categories: Relatives of U.S. Citizens...
You’ve got DACA or TPS…What next?
by Desmond P. FitzGerald, Immigration Attorney, Boston, MA Dear friends, Many immigration petition beneficiaries may be eligible for Advanced Parole, or the permission to reenter the US after traveling outside the country. These include Asylees, applicants for...
All You Need to Know before you File a Personal Injury Claim from a Motor Vehicle Accident in Massachusetts
Dear friends, Although many of you know us for our immigration and criminal defense work, our firm has also been representing individuals to obtain compensation for injuries suffered as a result of the negligence of others, since our inception as a law firm in 1997....
E1 or E2 Visa
This Schedule shows what your next steps may be in the path to obtain your US Citizenship and that of your family, once you have been approved your first immigration case. It specifically shows what the next applications to file may be and what is the earliest time...
Prepare to File your H1b Visa Petition on the 1st of April, 2015
Dear friends, We want to remind you that the yearly initial date for H-1b visa (specialty occupation work visa for professional employees) filings, April 1st, is fast approaching and it is recommended to file by this date as the USCIS has been running out of the...
Immigration Petition
You have the right to sue the Immigration Service for a prompt decision on your case, if it is taking too long to process it. One of the most difficult things about the legal process to immigrate to the U.S. is the waiting. People have often felt powerless against the...
First Quarter 2009 Newsletter
Immediate benefits for your Child through their Step-parent Return or remain in the U.S. after deportation You may be eligible for a “Waiver of Inadmissibility” Criminal charges and your immigration status Some may still benefit from the old 245(i) law Suing the...
The Proposed Immigration Reform Bill 744
Dear friends, We’ve all been hearing a lot in the media about the proposed immigration reform Bill 744 and how it is now in the senate floor for debate and eventually a vote. But how would you and your family members stand to benefit if it got passed? And what can you...
From a 2-year to a 10-year Permanent Resident Green Card
Dear friends, Virtually all holders of a conditional (or 2-year green card) are required to apply to remove the conditional status of their green card and obtain a 10-year Permanent Resident Green card (without any conditions). Most of these applications require the...
Benefits of Advanced Parole (I-131) for Those with DACA or TPS September 2014
by Desmond P. FitzGerald, Immigration Attorney, Boston, MA Dear friends, Many immigration petition beneficiaries may be eligible for Advanced Parole, or the permission to reenter the US after traveling outside the country. These include Asylees, applicants for...
Do you qualify for immigration benefits under the 245i law?
If an immigration application was filed prior to April 30th, 2001 and you are a direct or indirect beneficiary of this application you will still qualify for 245i benefits. If a spouse or other family member was a direct or indirect beneficiary of 245i, you may...
The Rights of Every Individual Charged with a Crime
Right to an Attorney All criminal defendants have the right to an attorney throughout legal proceedings. The court will appoint an attorney for the defendant at no charge if they cannot afford to hire one. Right to a Jury Trial All criminal defendants have the right...
What to do If Arrested
You have the right to refuse to speak with any law enforcement officer. If ever arrested, you should exercise this right and request to speak with an attorney.
How to Get a Green Card Through Employment in Massachusetts
As the economy continues to recover and employment rates are on the rise, the topic of employment-based green cards is relevant again. Employers can secure dedicated and long term skilled employees by sponsoring their green cards, while employees can benefit by...
Who is Eligible for a U.S. E Visa?
Generally, E Visas are available to certain foreign individuals who are engaged in substantial trade with the United States or are involved with a substantial investment in the United States, if the U.S. has entered a treaty for investment or trade with their...
Types of US Visas – Paths for Becoming US Resident/Green Card Holder
Although, as explained in our previous newsletter, one of the most common ways in which immigrants become US residents/Green Card holders is through a Marriage/Family Immigration Petition (form I-130), there are other ways to get permission to come live and workin in...
Family/Marriage GREEN CARD Petitions in the US
If you are a Legal Permanent Resident (LPR), now is a good time to file a petition for your spouse and/or minor children (under 21 years of age). It is possible that you thought that it was better to wait to become a U.S. citizen before you could petition for your...
Immigration Benefits for Same Sex Couples
Dear friends, On June 26, 2013 the Supreme Court struck down the Defense of Marriage Act (DOMA), a law which prevented the federal government from recognizing same sex marriages. The Secretary of Homeland Security, Janet Napolitano, announced that the DHS will now...
Obama’s New Waiver (I-601A) Regulation in Effect March 4, 2013
What is the new Waiver (I-601A) regulation that will be in effect on March 4, 2013? What is the benefit of this new waiver regulation? Who qualifies to benefit from this new regulation? What happens if I have a pending I-130 family petition? Can I benefit from this...
Effect of Receiving Public Benefits and Non-Payment of Child Support on Immigration Petitions
Receiving Public Benefits and Immigration There are many rules and regulations that affect the ability of a non-citizen to receive public benefits or assistance (for example housing, food stamps, day care, and health- related benefits) and the impact that the receipt...
Deferred Action for Childhood Arrivals–DACA (August 2012)
Contact FitzGerald Law Company for Obtaining DACA Boston Immigration Attorney FitzGerald speaks about the new Obama Deferred Action policy for young immigrants or childhood arrivals (DACA) on interview with Dr. Luisa Medrano of Perfil Latino. Read about the New DACA...
Cancellation of Removal/Deportation or what is commonly known as “the 10-year law”
Who is eligible for what is known as “the 10-year law” or Cancellation of Removal/Deportation? There is a provision of the Immigration Law that allows certain individuals to obtain a green card from an Immigration Judge if they: have lived in the U.S. for 10...
The “U” visa: for victims of crime, including domestic violence
For years we have had a law that provided immigration benefits for women who were abused by spouses who were U.S. citizens or Legal Permanent Residents (VAWA). This left an enormous number of women with no "effective" legal recourse or protection, women who were...
The 2008 U.S. Presidential Candidates on National Immigration Reform
Now is a time in which our country awaits much-needed immigration reform--countless immigrants within U.S. borders are uncertain of which steps to take toward citizenship, employers are concerned over their rights and obligations with respect to documentation of...
December 2007
Dear friends, Our team at FitzGerald & Company, LLC would like to wish you a prosperous Year 2008. We would also like to take this opportunity to inform you of some changes and developments that occurred last year in immigration, and remind you of what actions you...
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