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Successful Track Record and Personalized Attention for Immigration, Criminal Defense and Personal Injury Matters

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Legal Solutions Focused On You

Successful Track Record and Personalized Attention for Immigration, Criminal Defense and Personal Injury Matters


Request an Appointment
asylum lawyer

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

asylum lawyer

Immigration Law

Our immigration lawyers in Boston, MA are highly experienced handling all types of immigration petitions.

Criminal Defense Attorney

Criminal Defense

Our Massachusetts criminal defense lawyers have successfully litigated complex criminal cases at the State and Federal Court levels.

Personal Injury Law Firm

Personal Injury

Our Personal Injury lawyers will zealously represent you to obtain compensation for the injuries you have suffered.

Client Reviews and Testimonials

See all reviews or organize them by website!

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

What Our Clients Say

green card lawyer

"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.

citizenship attorney

"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.

naturalization lawyer

"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

asylum lawyer

"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

immigration lawyer near me

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.

l1 visa lawyer citizenship lawyer e1 visa lawyer e2 visa lawyer deportation defense lawyer immigration lawyer boston r1 visa lawyer immigration attorney boston

Client Success Stories

Our staff is multilingual and multicultural, with employees that have immigrated to the United States or are first-generation Americans. This means that we not only understand our client’s case, but we understand where our client’s are coming from and what they are experiencing with respect to immigration.



At FitzGerald Law Company, we believe that all clients should be treated with respect and dignity regardless of legal status, national origin, culture, or language. This core belief together with the ever-growing need for effective legal services for immigrants in the U.S., drove us to develop our guiding principles and the vision and mission of service that are the foundation of our firm.

non-immigration attorney

A Marriage Overcomes Immigration Barriers: A 3 Part Saga

Part 1: When Love Isn’t Enough—They said Their Marriage Wasn’t Real Have you ever worried that a small mistake in your immigration paperwork could destroy your family’s future? That almost happened to Mory and Sandra. When Mory Met Sandra Mory arrived in the U.S. from Senegal with little more than determination and hope. He worked...

Read More

Motion to Reopen in a Deportation Case Gives a Mother a Second Chance

In November of 2005, Elsa was only 15 years old when she found herself pregnant and alone.  The man responsible for her pregnancy had left her and she was facing a life of continuing insecurity and poverty for both her and her child.  A family member sacrificed money they had saved to travel to the...

Read More

Overcoming the Challenges that Teen Criminal Charges and a Child Support Warrant Created for an Immigrant

When German Muñoz was a teenager in a town near Medellin, Colombia during the 1990’s, it was a region overwhelmed with violence from Narco-terrorists, criminal organizations and armed militias or paramilitaries. German also faced an issue that made things even more difficult, his family was very poor, being supported by only a single mother. Due...

Read More

Asylum Approved After Being Ordered Removed due to the Persecution Bar

In 2002, Cesar Alexander Restrepo found his way to a small town in New Hampshire to get his family away from the danger that had plagued them where they lived near Medellín, Colombia.  Unfortunately, one night a loud family argument put their safety in jeopardy. The local police were called to his house to investigate...

Read More

Student Visa Problems, Deportation Defense, Marriage-base Green Card and Writs of Mandamus

Drita had worked hard in college in Albania to earn the opportunity to travel to the U.S.  and perfect her English, through a student exchange program and a J-1 visa.  The program was three months in Michigan staying with an American family and studying at a local university.  During her studies in the exchange program,...

Read More

An OUI on Private Property or a Public Way

It was a sunny Sunday afternoon and Carlos Felipe took the opportunity to wash his car, listen to a soccer game and relax with a beer.  The game was exiting and so the car washing project took longer than normal and a substantial amount of alcohol was consumed.  The radio was loud and not all...

Read More

A Marriage Overcomes Immigration Barriers: A 3 Part Saga

Part 1: When Love Isn’t Enough—They said Their Marriage Wasn’t Real Have you ever worried that a small mistake in your immigration paperwork could destroy your family’s future? That almost happened to Mory and Sandra. When Mory Met Sandra Mory arrived in the U.S. from Senegal with little more than determination and hope. He worked...

Read More

Motion to Reopen in a Deportation Case Gives a Mother a Second Chance

In November of 2005, Elsa was only 15 years old when she found herself pregnant and alone.  The man responsible for her pregnancy had left her and she was facing a life of continuing insecurity and poverty for both her and her child.  A family member sacrificed money they had saved to travel to the...

Read More

Overcoming the Challenges that Teen Criminal Charges and a Child Support Warrant Created for an Immigrant

When German Muñoz was a teenager in a town near Medellin, Colombia during the 1990’s, it was a region overwhelmed with violence from Narco-terrorists, criminal organizations and armed militias or paramilitaries. German also faced an issue that made things even more difficult, his family was very poor, being supported by only a single mother. Due...

Read More

Asylum Approved After Being Ordered Removed due to the Persecution Bar

In 2002, Cesar Alexander Restrepo found his way to a small town in New Hampshire to get his family away from the danger that had plagued them where they lived near Medellín, Colombia.  Unfortunately, one night a loud family argument put their safety in jeopardy. The local police were called to his house to investigate...

Read More

Student Visa Problems, Deportation Defense, Marriage-base Green Card and Writs of Mandamus

Drita had worked hard in college in Albania to earn the opportunity to travel to the U.S.  and perfect her English, through a student exchange program and a J-1 visa.  The program was three months in Michigan staying with an American family and studying at a local university.  During her studies in the exchange program,...

Read More

An OUI on Private Property or a Public Way

It was a sunny Sunday afternoon and Carlos Felipe took the opportunity to wash his car, listen to a soccer game and relax with a beer.  The game was exiting and so the car washing project took longer than normal and a substantial amount of alcohol was consumed.  The radio was loud and not all...

Read More

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.?

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.

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.?

To obtain work authorization, you must first be eligible for it. In order to be eligible for work authorization, you must have entered the U.S. with a visa that allows work authorization. For example, K-1, U Visa, Optional Practical Training (OPT), derivative beneficiaries of E, H, & L visas, etc., or you if you have a residency application pending and you are eligible to adjust status and there is a visa immediately available, you may be eligible to obtain work authorization. (The specific point in time at which you are eligible depends on the specific circumstances of your entry into the U.S.). You should consult your attorney to identify if you are eligible. You are not eligible to obtain work authorization with a visitor or tourist visa.To obtain work authorization you must file an I-765 application with the Immigration Service at either a local office or at a service center. Upon approval of the application you will receive the authorization in the mail.

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?

In most situations, a person is eligible to apply for Naturalization (U.S. citizenship), if they meet the following criteria:

- 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?

Yes, you may apply for naturalization if your I-751 (removal of residency conditions) application is still pending, as long you have been married to the U.S. citizen for at least 3 years and you meet all the other U.S. citizenship requirements.

Can I obtain my residency through employment, if my boss wants to sponsor me?

To be eligible for an Employment Based Residency, you (the beneficiary) must meet all of the criteria in one of the three following categories:

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?

You may file a legal action against the USCIS to demand that they provide you with an answer to your petition or adjudicate the application if the immigration service is taking longer than normal to make a decision on your case.The following page of our site contains information on eligibility, process, costs, and documents needed to file such a legal action: Immigration Against U.S. Lawsuit

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?

This is possible if you qualify for Immigration via Cancellation of Removal or a cancellation of removal case. This option is available to nonresidents who are in removal proceedings before an immigration judge if the nonresident has been continuously present in the United States for at least 10 years, has a good moral character (has not been subject to criminal charges), and it can be established with evidence that their removal would subject an immediate relative who is a lawful permanent resident or U.S. citizen to exceptional and extremely unusual hardship. Upon reviewing the evidence, the immigration judge may cancel the removal proceedings and grant the nonresident lawful permanent residence. Permanent residents who have been convicted of certain types of crimes and consequently placed in removal proceedings from the United States may also be eligible for cancellation of removal if they have been continuously present in the United States as lawful residents for 7 years and have not been arrested and convicted of a crime during the first 5 years of permanent residence. See information on eligibility, process, and required documentation for a cancellation of removal immigration proceeding

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?

There are generally three options through which people are able to obtain legal status in the U.S.:

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?

There are two types of visas that generally will allow an individual to open and maintain a business in the U.S. under certain conditions. First, an E Visa allows an individual to invest money in the formation of a new business. There are several conditions that must be met for this visa, including that there must be a treaty between the U.S. and the country of citizenship of the individual seeking the visa. In addition to this, the investment must be substantial and pass a substantiality test, and the investment capital must be at risk. (See E Visa process and documents needed on our website at: E-1 and E-2 Visa)The other potential option is an L-1A Visa which allows an individual to enter the U.S. for the formation of a new business if there is a foreign company, or entity, that is “affiliated” with the new business and the individual seeking the visa has previously been employed with the foreign “affiliated” company outside of the U.S. in an executive or managerial capacity for at least one year of the last three years.

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.