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Barker, Epstein & Loscocco and FitzGerald Law Company Have Combined Forces to Expand the Scope and Reach of Services to the Immigrant Community
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How We Can Help
Immigration Law
Our immigration lawyers in Boston, MA are highly experienced handling all types of immigration petitions.
Criminal Defense
Our Massachusetts criminal defense lawyers have successfully litigated complex criminal cases at the State and Federal Court levels.
Personal Injury
Our Personal Injury lawyers will zealously represent you to obtain compensation for the injuries you have suffered.
What Our Clients Say
"I couldn't be happier..."
Sandra G.
Client video testimonial showing an immigrant client from Brazil and her American husband sharing their experience with our Boston immigration lawyers obtaining a Green Card (American Residency) through marriage.
"They are simply the best..."
Alistair M.
Client video testimonial showing an immigrant client from Scotland sharing his experience working with the immigration lawyer Desmond P. FitzGerald and how he received his investor E1 visa that allowed him to start his own company in the U.S.
"They are simply the best..."
Ahmed B.
Client video testimonial showing an immigrant client from Egypt sharing his experience in court, working with the immigration and criminal defense lawyer Desmond P. FitzGerald, of FitzGerald & Company
"I couldn't be happier..."
Roberto Q.
In this video testimonial, our client Roberto explains why he would recommend our immigration attorneys in Boston
About Us
Our team of experienced multicultural immigration, criminal, and driving / car accident attorneys in Boston, Massachusetts, will zealously represent and guide you through the complex US legal system. We work closely with you to understand your situation and goals in order to develop a personalized solution to your case.
Learn more about the 5 Principles that govern our work (Client Satisfaction, Knowledge, Honesty / Respect, Focus, and Transparency). Our innovative legal strategies and litigation experience spanning immigration, criminal and personal injury law provide us with the right tools to help you obtain your desired outcome. Let us help you.
Our Boston Immigration Attorneys Can Help With
If I have a child who is a U.S. citizen, can I obtain legal status in the U.S.?
1). If your child is over the age of 21 with the ability to support you, your child can file a residency petition for you, if you came into the U.S. with a visa. If you did not enter the U.S. with a visa, you may be eligible for a waiver (or pardon) that may allow you to adjust to legal status, or you may also adjust status if you are 245(i) eligible (see explanation below of who is 245(i) eligible); or
2). If you have been in the U.S. for 10 years and you can demonstrate that your child of any age will suffer an extreme hardship if you are removed to your native country, you may file for cancellation of removal or deportation.
I am currently married to a spouse who is outside the United States, what is the process to bring her/him to the U.S.?
How can I obtain work authorization in U.S.?
If a marriage petition was filed on my behalf by my spouse, but we are currently in the process of obtaining of divorce, can I still pursue my marriage petition?
What are the general requirements to become a naturalized U.S. citizen?
- Have been a Legal Permanent Resident for the last 5 years (or possibly 3 years if your spouse is a US citizen) and have maintained the residency continuously.
- Be at least 18 years old.
- Have good moral character.
- Have the ability to speak, read and write in English and pass a civics test about U.S. history and government. (See The Citizenship Test: Study materials)
- Have been physically present in the U.S. at least half of the required time as a U.S. Legal Permanent Resident.
- Take an oath of allegiance and swear loyalty to the United States.
Can I apply for U.S. citizenship while my application for removal of residency conditions, I-751, is still pending?
Can I obtain my residency through employment, if my boss wants to sponsor me?
Category I:
- Must be living in the U.S. on or before December 21, 2000 (According to the former INA §245(i) law. Currently there are more than one proposed amendment to this statute which impose different statutory date limitations for filing. Therefore it is advisable to initiate this procedure as soon as possible if the requirements are fulfilled).
- Must have never left the U.S. without permission of The U.S. Immigration Service.
- Must have an offer of employment from a U.S. employer, who has agreed to sponsor the beneficiary for the residency.
- Must receive a salary equal to or above the prevailing wage offered for such a position in the State in which the job will be performed.
Category II:
- Must be lawfully present in the U.S. on a current nonimmigrant visa.
- Must not have violated conditions of the nonimmigrant visa.
Category III:
- Must be residing outside the U.S.
- Must not have been previously deported or removed from the U.S.
- Must not be subject to an order of removal, exclusion, or deportation.
If I had an interview with the USCIS and/or filed my application a very long time ago, but have not received a decision on my case, can I do anything to expedite the process?
If I have been in the U.S. for a long time or more than 10 years, can I obtain a green card or residency?
I entered the U.S. without a visa (or without inspection), am I eligible to obtain residency in the U.S.? Or what options do I have to legalize myself?
1). An employment petition;
2). A petition filed by an immediate family member; or
3). A special petition such as political asylum or cancellation of removal (deportation).
However, in general, people will fall in one of four categories of eligibility:
1). People who entered the U.S. with a visa and are eligible to get their residency in the U.S. through a family petition (even if the visa has expired or the visa was not valid).
2). People who entered the U.S. without inspection or visa and are eligible to obtain residency through family or employment because they are 245(i) eligible. (see explanation of who is 245(i) eligible).
3). People who entered the U.S. with a valid U.S. visa, with a current, un-expired I-94 (small white card issued at the time you entered the U.S., which tells you how long you are allowed to remain in the U.S.). These persons are eligible to apply for any other category of visa. The visa approval will depend on the person meeting the specific qualifications required by the particular visa.
4). Persons who came into the U.S. without inspection or persons that came with a visa and the visa has expired, may be eligible to apply for residency in the U.S., however, their adjustment of status petition may require a waiver. A waiver is a “pardon” from the U.S. government that says that even though you have violated an immigration regulation you will be granted a green card under special circumstances. These waivers are generally granted to individuals with special family connections to the U.S. These waivers are most commonly issued at a U.S. consulate abroad.
Do I still qualify for a U visa, if the Government Does Not Want to Proceed with the Criminal Case?
I want to start my own business in the U.S., is there anything I could do to maintain my legal status?
In order to maintain your non-immigrant status you must comply with the terms of your existing visa and you must file for any change in status prior to the expiration of the date identified in your I-94. If your I-94 does not contain a date and instead has the letters D/S (Duration of Status), for a student, then the application for change of status must be filed prior to the expiration of the date set by your form I-20 or in the alternative, set by the work authorization card you received for Optional Practical Training.
Frequently Asked Questions
Select a category below to find answers to your FAQs!
If I have a child who is a U.S. citizen, can I obtain legal status in the U.S.?
You can do so under two circumstances: 1). If your child is over the age of 21 with the ability to support you, your child can file a residency petition for you, if you came into the U.S. with a visa. If you did not enter the U.S. with a visa, you may be eligible for a waiver (or pardon) that may allow you to adjust to legal status, or you may also adjust status if you are 245(i) eligible (see explanation below of who is 245(i) eligible); or 2). If you have been in the U.S. for 10 years and you can demonstrate that your child of any age will suffer an extreme hardship if you are removed to your native country, you may file for cancellation of removal or deportation.
Does a person have to speak to the police after they have been arrested?
No, the US constitution, as well as the Federal and State laws, do not require an individual who has been arrested to speak to the authorities, with the exception of providing basic information about one’s identity. The decision of whether or not to speak to the police is a very important one and it should be evaluated with your attorney as soon as possible.
When is it worth to litigate/fight your personal injury case in court?
A case is usually taken to court, when a settlement offer does not adequately compensate for the suffering you have endured due to the accident or incident or when the other party is not willing to accept its liability/responsibility. Our Boston personal injury lawyers will review the circumstances surrounding your case to recommend the best alternative for the most successful result. After all, our compensation is directly tied to your success and our business depends on our satisfied clients referring us new clients.