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Problemas con Visa de Estudiante, Defensa contra Deportación, Residencia Americana basada en Matrimonio y Demanda a Inmigracion (Writ of Mandamus)

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    Drita había trabajado duro en la universidad en Albania para ganarse la oportunidad de viajar a los EE. UU. y perfeccionar su inglés, a través de un programa de intercambio de estudiantes y una visa J-1. El programa consistía de tres meses en Michigan y alojamiento con una familia estadounidense, estudiando en una universidad local. Durante sus estudios en el programa de intercambio, Dirta decidió transferirse del todo y completar sus estudios universitarios en Estados Unidos.  Por lo tanto, solicitó un cambio de estatus a una visa de estudiante F-1 con la asistencia de la Oficina de Estudiantes Internacionales de su universidad. Todo parecía ir bien. Completaría su programa de intercambio en octubre e inmediatamente después comenzaría las clases en la universidad. Sin embargo, la universidad no le informó que su fecha de inicio había sido ingresada en el sistema SEVIS para enero y que necesitaba tomar medidas adicionales para mantener su estatus legal en los Estados Unidos y poder obtener su visa de estudiante (F-1).

    De ahí que fue un shock para Drita cuando recibió la notificación de negación de su visa de estudiante por parte de USCIS, alegando que su estatus legal había terminado antes de la fecha de inicio de sus estudios. Para empeorar las cosas, las autoridades de inmigración le estaban notificando que habían iniciado un proceso de deportación en su contra emitiéndole un Aviso de Comparecencia (NTA—Notice to Appear) ante el Tribunal de Inmigración. Las únicas personas que conocía en Estados Unidos eran unos primos en el área de Boston, quienes la invitaron a mudarse con ellos mientras ella solucionaba su problema. Fue a través de estos primos que conoció a los abogados de inmigración de FitzGerald Law Company y se comunicó con nuestra oficina. Lo primero que tuvo que hacer el abogado Desmond FitzGerald fue trasladar su caso judicial de Michigan a Boston, presentando una moción para cambiar el lugar de la audiencia que fue rápidamente aceptada por el juez.

    Mientras tanto, Drita descubrió que había una fuerte comunidad de Albania en Boston y pronto formó un grupo de amigos, incluido Alban, cuya familia había emigrado hacía muchos años y ahora era ciudadano estadounidense. Alban le brindó a Drita mucha asistencia y apoyo emocional durante este momento difícil. Su relación creció y finalmente él le pidió que se casara con él.

    Con la ayuda de FitzGerald Law Company, Dirta presentó ante USCIS una petición de inmigrante basada en matrimonio (I-130). Drita y Alban compartían todos los aspectos de sus vidas, por lo que la documentación de su matrimonio era sustancial. Según la voluminosa evidencia, la petición I-130 debería haber sido aprobada con prontitud. Cuando el abogado FitzGerald mostró al Tribunal de Inmigración las pruebas que le habían entregado a USCIS, el tribunal acordó que la petición de residencia matrimonial iba a ser aprobada y programó una fecha de juicio final para su caso de deportación, para que el juez pudiera aprobar su ajuste de estatus (I-485) o petición de residencia permanente legal.  La fecha de corte más temprana disponible era en 20 meses, tiempo más que suficiente para recibir la aprobación de la petición  I-130, preparar y presentar la petición I-485 y tener toda la documentación necesaria para su residencia.

    Pero las cosas no estaban destinadas a ser tan sencillas para Drita. USCIS no aprobó su I-130 rápidamente como debería haberlo hecho. En cambio, emitieron una Solicitud de Evidencia (RFE). Esto fue fácil de conseguir para Drita y su marido porque la RFE simplemente pedía pruebas sobre su relación. La respuesta fue presentada de inmediato y nuevamente el caso debió ser aprobado, pero no fue así. Alban fue diligente al comunicarse con USCIS por teléfono y enviar solicitudes en línea. Además, FitzGerald Law Company envió numerosas cartas solicitando una decisión o adjudicación del caso, pero USCIS no hizo nada. La fecha de la audiencia se acercaba y sin la aprobación de la I-130, Drita no podría presentar su I-485 para recibir su residencia en la fecha de su audiencia. Sería necesario reprogramar la audiencia y su proceso se retrasaría durante años. El abogado FitzGerald se reunió con Drita y le explicó sus opciones.

    Drita podría aceptar que USCIS no haya completado adecuadamente su caso, aceptar las demoras y permanecer como tantas personas con una deportación pendiente en la corte; o podrían tomar el asunto en sus propias manos y demandar al Departamento de Seguridad Nacional por negligencia del USCIS al no procesar su solicitud a tiempo.

    Ir contra el gobierno en los tribunales puede dar miedo, pero el abogado FitzGerald les aseguró que su caso era sólido y que debían creer en sí mismos y en su relación. Dirta y su esposo estuvieron de acuerdo y la demanda (Writ of Mandamus) se presentó en el Tribunal de Distrito de Estados Unidos. Se entregó una citación judicial a la oficina del Fiscal General y en poco tiempo los abogados asignados para representar al gobierno pudieron ver que USCIS había manejado injustamente la petición I-130. A solo unos días del juicio en la corte de inmigración, se llegó a un acuerdo con USCIS y se aprobó la I-130 de Drita. Con esta aprobación, Drita completó su I-485 con todos los documentos requeridos, lo presentó al Juez de Inmigración con una declaración escrita de su testimonio y su caso quedó listo para el juicio.

    El juicio en la Corte de Inmigración fue breve. Todas las partes y el juez acordaron unánimemente que a Drita se le debería otorgar el estatus de Residente Permanente Legal en los EE. UU. y se emitió una orden a tal efecto. El caso de Drita había terminado, o al menos debería haberlo hecho.

    Un juez de inmigración del Departamento de Justicia está autorizado por ley a otorgar el estatus de residente permanente legal, pero la Green Card solo la emite USCIS, por lo que, aunque Drita tenía en su mano un papel que decía que era residente de EE. UU., aún no tenía su Green Card. La pelea de Drita con USCIS no había terminado.

    Como anteriormente con su petición I-130, Drita y su esposo fueron diligentes en la presentación de solicitudes y la documentación al USCIS para su Green Card, incluso presentaron evidencia de los pagos de sus tarifas de presentación a varias oficinas. Sus solicitudes fueron ignoradas y Drita comenzó a sentirse igual que una persona sin estatus migratorio legal. Ella buscó ayuda una vez más de FitzGerald Law Company y una vez más, el abogado FitzGerald explicó que tenía que demandar a USCIS. La demanda fue preparada y radicada. Las notificaciones legales se entregaron al Departamento de Seguridad Nacional y, en poco tiempo, se llegó a un acuerdo. Si Drita aceptaba retirar su demanda, USCIS le emitiría la Green Card. Finalmente Drita recibió su Green Card y después de tantos años de no poder ver a sus padres ni presentarles a su cónyuge, se reunió con su familia. Fue la perseverancia de Drita ante la adversidad y su rapidez en conseguir la ayuda legal apropiada lo que le permitió obtener la Green Card que tanto anhelaba.

    Client Reviews and Testimonials

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    Will be recommending FLC to our friends!

    We had a great experience with FitzGerald Law Company while applying for a permanent resident card. Attorney Desmond was knowledgeable and helpful throughout the confusing immigration process! Our legal assistant, Angie, was wonderful - very friendly, great communication and efficient. Will be recommending FLC to our friends!

    Jayne Procopio

    I will recommend them to my friends and family

    Excellent lawyers they do a great job i will recommend them to my friends and family they are very helpful they are always there to answer all your questions and concerns.

    Gerson Lemus

    They were attentive and helpful

    Zrinka and the team were fantastic, thoroughly the whole of the (very long) process they were attentive and helpful, and made the whole thing as smooth and painless as possible.

    Laurence Wilson

    I will forever be grateful for your service

    I used Fitzgerald Law Company for my complicated case . I personally worked with Attorney Desmond and Mrs. Zrinka. I must say that Desmond is very professional and caring. He knows the system and pays attention to all the details. The entire team is very knowledgeable, respectful and reliable. Thank you Desmond and Mrs. Zrinka for tirelessly working with me to the end. Through your support and dedication, I was granted the privilege of a green card. I will forever be grateful for your service and I pray that the Almighty God will meet you at your point of need. I would highly recommend this firm to anybody that needs Immigration Services.

    Margaret Muguku

    Desmond and his staff and absolutely fantastic and easy to work with.

    I would highly recommend Fitzgerald law company for all immigration needs. Desmond and his staff and absolutely fantastic and easy to work with.

    Joe Ryan

    I wouldn't hesitate to hire them if I needed to.

    My husband and I are going through the US immigration process through consular processing in Canada. We hit an unexpected hitch in our process, and we were panicked and seeking out attorneys who could advise us what was happening with my husband's case. This firm took my emotional call and talked me through where we were in our process, what the likely outcome and timeline was based on their past cases supported, etc. and talked through all the details of our case. We talked for a good 15-20 minutes and they didn't charge me a dime. I felt so re-assured by the end of the conversation that our case will resolve soon. We haven't gotten the visa issued just yet, but we're remaining hopeful and will be contacting this company again as soon as anything goes astray. I really appreciated their care for a potential client, considering how emotional and scary the process can be. I wouldn't hesitate to hire them if I needed to. Thank you again for taking my call, and explaining so much of the process to us. It's clear you take care of your clients, and this review felt like the least I could do as a thank you. We'll be in touch if we end up needing your services!

    Allison

    They are excellent.

    Serious, dedicated work and provide all necessary explanations to the customer, they are excellent.

    Livia Liberato

    Amazing people, excellent service. Extremely professional.

    Amazing people, excellent service. Extremely professional. They helped me a lot and I will refer anyone who needs legal help to this law office!

    Ray T.

    I highly recommend this law firm

    My entire family and I have been working with FitzGerald Law Company for many years. Desmond and his team have never given up on us! I got my green card in 2018 and my parents got theirs this year! We are so happy :) we are just waiting on my sister now, but we know she is in great hands! Thank you so much! You have changed our lives for the better <3. I highly recommend this law firm if you are having any immigration problems. My parents Etleva and Kastriot send their deepest gratitude!

    Evjo Gjura

    This is the best immigration law office in Great Boston area.

    From experience, this is the best immigration law office in Great Boston area. Very satisfied with their work. No matter how difficult your case might be, if the team accepts working with you, you are in very good hands.

    Gleni Kajdo

    I really like that they speak so many languages and can help anyone!

    FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

    Swarsatie R.

    They have been very supportive and professional

    My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

    Yoseph A.

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Natasha A.

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one’s situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Patricia M.

    A very well organized firm, experienced and professional.

    My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

    Mike A.

    They helped me with a personal injury case

    Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

    Garo M.

    Experienced, professional, and caring

    It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

    Ahmed B.

    Very professional and dedicated a lot of time to my case

    Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

    James K.

    He explained things in a way that was easily understandable and things went smoothly

    Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

    Gassim F.

    They made the process very smooth and pleasant

    Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

    Karol S.

    The team is wonderful, efficient and very helpful/ professional

    The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

    Zulia O.

    They make the process as simple as possible

    Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

    Anonymous for Firm

    They put in a lot of time into my case all the while keeping me informed of any and all developments

    A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

    Anonymous for Firm

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Anonymous for Firm

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Anonymous for Firm

    I was very happy working with them and will be happy to work with them again

    The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

    Anonymous for Firm

    I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

    Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

    Anonymous for Firm

    Will be recommending FLC to our friends!

    We had a great experience with FitzGerald Law Company while applying for a permanent resident card. Attorney Desmond was knowledgeable and helpful throughout the confusing immigration process! Our legal assistant, Angie, was wonderful - very friendly, great communication and efficient. Will be recommending FLC to our friends!

    Jayne Procopio

    I will recommend them to my friends and family

    Excellent lawyers they do a great job i will recommend them to my friends and family they are very helpful they are always there to answer all your questions and concerns.

    Gerson Lemus

    They were attentive and helpful

    Zrinka and the team were fantastic, thoroughly the whole of the (very long) process they were attentive and helpful, and made the whole thing as smooth and painless as possible.

    Laurence Wilson

    I will forever be grateful for your service

    I used Fitzgerald Law Company for my complicated case . I personally worked with Attorney Desmond and Mrs. Zrinka. I must say that Desmond is very professional and caring. He knows the system and pays attention to all the details. The entire team is very knowledgeable, respectful and reliable. Thank you Desmond and Mrs. Zrinka for tirelessly working with me to the end. Through your support and dedication, I was granted the privilege of a green card. I will forever be grateful for your service and I pray that the Almighty God will meet you at your point of need. I would highly recommend this firm to anybody that needs Immigration Services.

    Margaret Muguku

    Desmond and his staff and absolutely fantastic and easy to work with.

    I would highly recommend Fitzgerald law company for all immigration needs. Desmond and his staff and absolutely fantastic and easy to work with.

    Joe Ryan

    I wouldn't hesitate to hire them if I needed to.

    My husband and I are going through the US immigration process through consular processing in Canada. We hit an unexpected hitch in our process, and we were panicked and seeking out attorneys who could advise us what was happening with my husband's case. This firm took my emotional call and talked me through where we were in our process, what the likely outcome and timeline was based on their past cases supported, etc. and talked through all the details of our case. We talked for a good 15-20 minutes and they didn't charge me a dime. I felt so re-assured by the end of the conversation that our case will resolve soon. We haven't gotten the visa issued just yet, but we're remaining hopeful and will be contacting this company again as soon as anything goes astray. I really appreciated their care for a potential client, considering how emotional and scary the process can be. I wouldn't hesitate to hire them if I needed to. Thank you again for taking my call, and explaining so much of the process to us. It's clear you take care of your clients, and this review felt like the least I could do as a thank you. We'll be in touch if we end up needing your services!

    Allison

    They are excellent.

    Serious, dedicated work and provide all necessary explanations to the customer, they are excellent.

    Livia Liberato

    Amazing people, excellent service. Extremely professional.

    Amazing people, excellent service. Extremely professional. They helped me a lot and I will refer anyone who needs legal help to this law office!

    Ray T.

    I highly recommend this law firm

    My entire family and I have been working with FitzGerald Law Company for many years. Desmond and his team have never given up on us! I got my green card in 2018 and my parents got theirs this year! We are so happy :) we are just waiting on my sister now, but we know she is in great hands! Thank you so much! You have changed our lives for the better <3. I highly recommend this law firm if you are having any immigration problems. My parents Etleva and Kastriot send their deepest gratitude!

    Evjo Gjura

    This is the best immigration law office in Great Boston area.

    From experience, this is the best immigration law office in Great Boston area. Very satisfied with their work. No matter how difficult your case might be, if the team accepts working with you, you are in very good hands.

    Gleni Kajdo

    I really like that they speak so many languages and can help anyone!

    FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

    Swarsatie R.

    They have been very supportive and professional

    My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

    Yoseph A.

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Natasha A.

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one’s situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Patricia M.

    A very well organized firm, experienced and professional.

    My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

    Mike A.

    They helped me with a personal injury case

    Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

    Garo M.

    Experienced, professional, and caring

    It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

    Ahmed B.

    Very professional and dedicated a lot of time to my case

    Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

    James K.

    He explained things in a way that was easily understandable and things went smoothly

    Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

    Gassim F.

    They made the process very smooth and pleasant

    Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

    Karol S.

    The team is wonderful, efficient and very helpful/ professional

    The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

    Zulia O.

    They make the process as simple as possible

    Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

    Anonymous for Firm

    They put in a lot of time into my case all the while keeping me informed of any and all developments

    A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

    Anonymous for Firm

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Anonymous for Firm

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Anonymous for Firm

    I was very happy working with them and will be happy to work with them again

    The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

    Anonymous for Firm

    I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

    Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

    Anonymous for Firm