Immigration Client Success Stories
Success Stories of Clients represented by the Boston immigration attorneys at FitzGerald Law Company
Note: All the names of our clients in the stories below have been changed in order to maintain our client’s privacy and confidentiality.
- Marriage Petition and Cancellation of Removal/Deportation
- Cancellation of Removal/Deportation
- E-2 Visa
- Cancellation of Removal/Deportation
- Residency Petition for Same Sex Marriage Petition and Prior Order of Deportation
- I-601 Waiver due to Immigration Visa Fraud
- OUI Victim Obtains U Visa Status as well as Monetary Compensation
- U.S. Residency through Cancellation also for TPS holders
Immigration /Criminal Defense Client Success Stories
- Armed Assault and Battery Criminal Trial Success Story and U.S. Residency
- Vacating a Criminal Conviction and Immigration
- Motion to Vacate Conviction and Reopen Criminal Case to avoid Immigration Problems
- Citizenship Approval with Criminal Defense and Deportation Proceedings
- Residency Reinstatement with Criminal and Deportation/Removal Proceedings
- Criminal Defense and Removal of Order of Deportation
- Immigration Custody and Immigration Court Success Story and Assault and Battery Criminal Case
- Abused husband obtains Green Card under VAWA
Immigration /Personal Injury
Cancellation of Removal/Deportation
Our client “Ricardo” entered the U.S. from Colombia, as a teenager in 1985. In 2008, “Ricardo” began a cancellation of removal/deportation case with our office as he had been in the U.S. for over 10 years, demonstrated good moral character and had evidence of exceptional and extremely unusual hardship to US citizens if he were deported. His U.S. citizen daughter has, as a consequence of lead paint poisoning, a severe learning disability. During the entire process (2.5 years), our office collaborated closely with Ricardo to obtain supporting records and affidavits to demonstrate hardship to his U.S. citizen children if he were to be deported from the United States.
In preparation for the final court date, Massachusetts Immigration lawyer, Desmond P. FitzGerald met with Ricardo, who was unable to obtain all of the requested therapy records, which generally has a negative impact on a case for lack of evidence of hardship. However, through extensive preparation meetings, Attorney FitzGerald was able to elicit testimony from the client that focused on the hardship his U.S. citizen daughter would face if he was deported. At trial, our client was prepared, consistent and honest in his answers and the Judge granted him Cancellation of Removal. Finally, after years of hard work and perseverance, our client is now a permanent resident of the United States and will be eligible to apply for citizenship in a few years.
Marriage Petition and Cancellation of Removal/Deportation
Our client, “Claudia” contacted our office for a marriage petition case. She is from Colombia and entered with a visitor visa, but stayed in the US beyond the permitted time on her I-94. Claudia married a US citizen and thought that she would need to return to her country in order to apply for the marriage petition. Boston Immigration Attorney Desmond P. Fitzgerald informed her that she could apply inside the US because she was inspected and admitted to the US. We worked with our client to get all the information required to prepare the marriage petition, and prepared Claudia and her husband for the interview. Claudia’s residency based on her marriage was approved and afterwards we helped her remove the conditions of her conditional residency and she obtained legal permanent residency. She will be able to apply for citizenship in 2013.
Unfortunately, her only son, “Julián”was over 21 and could not be included in her applications. Mr. FitzGerald reviewed the case and advised our client that her son could apply for a cancellation case based on the extreme hardship that his mother would suffer if he got sent back to Colombia. (Claudia suffered from anxiety and a delicate health condition). During the course of the case, Attorney FitzGerald found out that Julián was receiving special education which normally is a disadvantage in cancellation cases. However, attorney FitzGerald was able to prove that Julián’s condition could not be properly cared for in his home country, and that his departure would severely affect the psychological and physical health of his mother. The case was granted and Julián is a permanent resident of the US.
Our client “Maria”, a Mexican national, entered the United States across the border without a visa, with her only child at the time to reunite herself with her husband who had arrived a few months earlier in the same manner. During her first few years in the US, her husband (who was also undocumented) severely abused and mistreated her. He used her inability to communicate in English and her undocumented status to his benefit and scared her from seeking the help she needed. Finally, after a particularly violent episode where her husband pushed her and caused her to break her arm, our client filed a police report and a restraining order against her husband. Although the restraining order provided Maria one means of protection within this country, she remained without legal status, and was unable to legally work and provide for her children on her own. Our client felt helpless until she saw a television program during which, Massachusetts immigration Attorney, Desmond P. FitzGerald explained the process of obtaining a U-visa.
Maria, although reluctant to tell her difficult story, decided to contact our office. She met with attorney FitzGerald, who carefully reviewed her case and told her that she could qualify for the U visa, but that it was necessary that the police department agree to certify on her U visa application that she was helpful in the investigation regarding the abuse. Although it was difficult for Maria to relive her experience, we were able to assist our client in creating a strong U-visa application, including a personal statement describing the hardship both she and her children have suffered as a result of the abuse. Maria waited patiently for the processing of her U-visa to go through, and after 9 months, the USCIS made a favorable decision in her case based on the application and documentation prepared by our, Boston immigration law office. Our client was granted U-visa status, and will be able to apply for her legal permanent residency in 3 years.
Our client, “Juán”, is a national of Spain, and is the CEO of a growing multi-subsidiary company. Prior to our consultation, our client had formed a subsidiary of his company in the U.S. This company, although growing, has the potential to produce even greater revenue and profit within the U.S. Our clients’ goal was to further develop this subsidiary and create a stronger international network. His presence was necessary to direct the managers and employees within the company and expand the company’s general operations. After meeting and consulting with attorney FitzGerald, it was ultimately determined that an E-2 treaty investor visa would be most appropriate for Juán, as it would allow him the opportunity to invest significant time and funds into the company within the US, while maintaining his relationship with the Spanish parent company, and allow his wife and children to relocate, study and work in the US.
The US subsidiary company was still young to show significant profits, so we had to rely on future growth projections and the profitability of the parent company in Spain. Our Boston immigration law firm assisted our client, all the while in Spain, in reviewing and presenting a more detailed business plan and comprehensive revenue and profitability forecasts for both, the US and parent company, as well as a detailed executive statement in support of the E-2 visa petition. After processing the visa at the US consulate in Madrid, the E-2 visa was ultimately approved for Juán and his family members, and they successfully relocated to the US in order for Juán to fulfill his role as CEO of the US Company.
Our client “Sara” entered the US in August 2002 with a tourist visa and she overstayed her visa. In early 2008, she was questioned by an immigration officer at Logan airport while she was waiting for her mother’s arrival. She was subsequently presented with a Notice to Appear before the Immigration Court and was placed in deportation proceedings. During that time, Sara was involved in a serious relationship with a US citizen and decided to marry in mid 2008 and file a marriage petition with the immigration service. Unfortunately, the relationship became physically abusive and our client sought two restraining orders against her husband.
In 2009, she submitted visa petition under VAWA (Violence Against Women’s Act) due to the physical abuse she suffered from her husband without the help of an experienced immigration attorney. In 2010, Immigration issued a request for more evidence (RFE) of the abuse and at this point Sara decided to contact us for help. Our Experienced Boston immigration lawyers worked extensively to obtain and prepare a detailed affidavit from our client, detailing the abuse and mistreatment she suffered from her husband. We carefully reviewed her documents and found specific language in the restraining orders that proved she was being “battered” by her US citizen husband. In early 2011, Sara’s VAWA petition was approved and she has hired us again to help her with her permanent legal residency petition.
Cancellation of Removal/Deportation
Our client, “Julieta”, entered the United States in 1992 through the Mexican border without a visa. In 2007, she submitted a marriage petition with her US citizen husband with the assistance of a notary. Unfortunately, she was not eligible to adjust status to a legal permanent resident because she had entered without a visa and she was not eligible for 245i relief under the Immigration & Nationality Act. She was subsequently referred to the Immigration Court for removal proceedings. Upon review of her case, we determined that Julieta was eligible for Cancellation of Removal as she had been here for 10 years, was married to a US Citizen, had good moral character, and was able to show that her husband would suffer exceptional and extremely unusual hardship if she were to leave the US or if he were to move with her to her native Colombia.
Julieta’s husband suffered from several serious medical conditions and depended highly on her financial, emotional and medical care. In addition, Julieta’s husband’s mother suffered with a severe illness, and was highly dependent on our client’s help as well. With our assistance, Julieta was able to show the extreme difficulties that her deportation would cause her husband and his mother (both US citizens) and the cancellation of removal/deportation was granted. She is now a US resident.
Residency Petition for Same Sex Marriage Petition and Prior Order of Deportation
Our client, “Fernando”, contacted out office for help with his same-sex marriage petition case. He had been in a relationship with his US citizen spouse for over 12 years, and had sought legal help resolving his case for many years. Fernando had been ordered deported after his claim of asylum was denied many years ago, so he was very reluctant to submit any additional applications to United States Citizenship and Immigration Services (USCIS). When Fernando’s mother, a United States Citizen, became seriously ill and needed her son’s help to attend her medical appointments, Fernando was granted a temporary waiver to enter the US and care for her.
Our Boston immigration and deportation lawyers determined that, since Fernando had obtained a temporary waiver from the Department of Homeland Security to care for his mother, he would be eligible for other immigration benefits such as adjustment of status on the basis of his marriage to his US citizen husband. A significant accomplishment in this case was that we were able to obtain residency for Fernando without having to submit a deportation/removal waiver (I-212) outside the US. Fernando’s adjustment of status application was approved, and now Fernando is a permanent resident of the United States and allowed to live permanently with his husband and mother.
I-601 Waiver due to Immigration Visa Fraud
Our client, “Luz” contacted our office for help with issues stemming from her entering the United States with her sister’s tourist visa. Luz sought to escape poverty and a dangerous situation in her native Colombia, and provide more educational and employment opportunities for herself and her two children. Luz was ineligible to receive her permanent residency without first obtaining a waiver, due to her entry into the United States using another person’s visa.
Luz married a United States Citizen, “George”, several years ago. Unfortunately, shortly after the wedding, George began to suffer from heart disease and kidney failure. Throughout this entire process, Luz would accompany George to all of his medical appointments, and she would even cook him special meals each day that contained no salt and complied with his doctor’s orders. Our Boston immigration lawyers determined that, since George, a United States Citizen, would suffer an “extreme hardship” if Luz were to be removed from the United States, she could apply for a waiver of her unlawful entry into the United States. Her Waiver application was approved, and she is currently a permanent resident of the United States.
OUI Victim Obtains U Visa Status as well as Monetary Compensation
A Colombian woman, “Marta” who was in the U.S. without status, was a victim of a terrible accident, she was struck while walking home from work by a car operated by a drunk driver. Our Boston personal injury lawyers represented Marta in connection with her personal injury claim against the driver and we obtained a settlement for the full limit of the auto insurance policy as well as additional funds to cover her lost wages from the Victim Compensation & Assistance Division of Massachusetts, even though she was working without a valid social security number. When the driver was charged with numerous criminal offenses our Boston Immigration attorneys thought she may have a claim for a U visa as the victim of a crime.
The law identifies several criminal offenses that can be the basis of a U visa claim and while Operating Under the Influence is not listed, Felonious Assault is. The Boston Immigration Attorneys at FitzGerald Law Company drafted a legal memorandum that showed the similarities between Operating Under the Influence and Felonious Assault and the USCIS accepted her U
U.S. Residency through Cancellation also for TPS holders
Diana G. contacted FitzGerald Law Company several years ago for assistance with the renewal of her TPS. During the initial meeting Diana G. asked if there was any way for a person with TPS to get Legal Permanent Resident status in the U.S. because she was concerned that TPS might end someday.
The immigration lawyers at FitzGerald Law Company knew Diana had been living in the U.S. for more than 10 years and asked her if she had any family in the U.S. Diana told them that she had 2 children, both born in the United States. Our attorneys proceeded to ask her about the health condition of the children, and found out that one was having trouble in school because of his Attention Deficit Hyperactivity Disorder (ADHD).
Attorney FitzGerald recommended that Diana apply for Legal Permanent Resident status through Cancellation of Removal/Deportation, also known as the “10 year law” (INA Section 240A(b)). This law allows U.S. residency to be issued to an individual who:
- Has been in the U.S. for 10 years without a deportation/removal case,
- Has been a person of good moral character and not involved in criminal activity,
- Has an immediate family member (specifically a parent, spouse or child) with U.S. Citizenship or Residency who would suffer an extreme and exceptionally unusual hardship (because they have a “special condition” like ADHD), if the individual had to leave the U.S.
With the assistance of the immigration attorneys at FitzGerald Law Company, Diana filed an I-589 petition with USCIS. She was granted an Employment Authorization Document and within 1 year (processing times were faster at that time—now a case like this could take 7-9 years) she had completed her interview with USCIS and had her case filed with the Immigration Court. The Immigration Judge heard her testimony about how her child would suffer if Diana had to return to El Salvador and granted her Legal Permanent Resident status.