Boston Immigration Lawyer and Criminal Attorney with Experience, Boston Massachusetts

Serving the community for more than 20 years.

617-303-2600
In-Person Appointment Covid-19 Safety Protocol
  • Español
  • FAQs
  • Newsletter
  • Media
  • Contact Us
Boston Immigration Lawyers
Boston Criminal Lawyers
Boston Personal Injury Lawyers
Logo
617-303-2600 Appointment Request
Logo
617-303-2600 Appointment Request
  • Home
  • Immigration
    • U.S. Residency – Green Card
      • Family Residency / Green Card
      • Marriage Residency / Green Card for Spouse
      • Same Sex Marriage Residency / Green Card for Same Sex Spouse
      • Employment Residency / Green Card
      • TPS to Green Card
    • Cancellation of Removal/Deportation (10 Year Law)
    • DACA (Deferred Action Program for Young Immigrants)
    • Immigration Pardons – I-601 and I-601A Waivers
    • Expansion of I-601A Waiver, as of 8-29-2016
    • Asylum Immigration
    • TPS (Temporary Protected Status)
    • Lawsuits Against the USCIS
    • U.S. Visas- Non-Immigrant Visas
      • H-1B Visa Specialty Occupation Work Visa
      • E-1 Visa & E-2 Visa for Investors and Traders
      • L-1 Visa for Intra-Company Transfers
      • K-1 Visa for Alien Fiancé (e)
      • The U Visa – for Victims of Crime & Domestic Violence
      • O Visas for Foreigners of Outstanding Abilities
    • U.S. Citizenship – Naturalization
    • Other Immigration Services
    • Immigration Client Success Stories
    • Immigration Client Testimonials
    • U.S. Immigration FAQs
    • Immigration Legal Fees
    • Immigration Application Schedule
    • Immigration Infographics
    • Immigration Videos
    • Trump’s Proclamation Suspending Entry of Certain Immigrants
    • Immigration Newsletters and USCIS Updates
    • Visa Extensions and Extensions of Stay
    • Unemployment Benefits for Immigrants
    • Schedule Initial Consultation
  • Criminal
    • Experience with Criminal Charges
    • Set Bail and Arraignment
    • What To Do/Say When Arrested
    • Individual Rights
    • Criminal Convictions and Immigration
    • Criminal Defense FAQs
    • Client Success Stories
    • Criminal Defense Legal Fees
    • Criminal Defense / Immigration Infographic
    • Criminal Defense Newsletters
    • Schedule Initial Consultation
  • Personal Injury
    • Motor Vehicle Accidents
    • Other Injuries
    • Personal Injury Claim Process
    • Client Success Stories
    • Why Choose Us
    • Personal Injury FAQs
    • Personal Injury Legal Fees
    • Personal Injury Infographic
    • Personal Injury Newsletters
    • Schedule Initial Consultation
  • Client Reviews
    • What Our Clients Say
    • Client Ratings
    • Video Client Testimonials
    • Customer Satisfaction Survey
    • Facebook Testimonials
    • Client Succes Stories
    • Write/Read Client Reviews
  • About Us
    • Our Firm
    • Our Team
    • Firm Overview & Mission
    • Our 5 Principles
    • Working Philosophy
    • Practice Areas
    • Video Client Testimonials
    • Why Hire Us
    • Our Fee Structure
    • Preparing to Meet With Us
    • Intake Form for Consultation
    • Communication Policy
    • Records Management and Retention Policy
    • Published Court Decisions
    • Client Success Stories
    • Check Our Events
    • Customer Satisfaction Survey
    • Careers
    • Send Us Your Feedback
    • Directions to Our Office
    • Blog
  • Newsletters
    • Immigration News
    • Criminal Defense News
    • Personal Injury News
  • Frequently Asked Questions
  • Contact Us
Schedule Initial Consultation
Cambiar a Español
In-Person Appointment Covid-19 Safety Protocol
Immigration
Criminal
Personal Injury
  • Español
  • FAQs
  • Newsletter
  • Media
  • Contact Us
  • Immigration
    • U.S. Residency – Green Card
      • Family Residency / Green Card
      • Marriage Residency / Green Card for Spouse
      • Same Sex Marriage Residency / Green Card for Same Sex Spouse
      • Employment Residency / Green Card
      • TPS to Green Card
      • Cancellation of Removal/Deportation (10 Year Law)
      • DACA (Deferred Action Program for Young Immigrants)
      • Immigration Pardons – I-601 and I-601A Waivers
      • Expansion of I-601A Waiver, as of 8-29-2016
      • Asylum Immigration
    • U.S. Visas- Non-Immigrant Visas
      • H-1B Visa Specialty Occupation Work Visa
      • E-1 and E-2 Visas for Traders & Investors
      • L-1 Visa for Intra-Company Transfers
      • K-1 Visa for Alien Fiancé (e)
      • The U Visa – for Victims of Crime & Domestic Violence
      • O Visas for Foreigners of Outstanding Abilities
      • TPS (Temporary Protected Status)
      • Lawsuits Against the U.S. Immigration Service (USCIS)
    • U.S. Citizenship – Naturalization
      • Other Immigration Services
      • U.S. Immigration FAQs
      • Client Success Stories
      • Immigration Legal Fees
      • Immigration Client Testimonials
      • Immigration Infographics
      • Immigration Videos
      • Immigration Application Schedule
      • Immigration Newsletters and USCIS Updates
      • Visa Extensions and Extensions of Stay
      • Unemployment Benefits for Immigrants
      • Trump’s Proclamation Suspending Entry of Certain Immigrants
      • Schedule Initial Consultation
  • Criminal
    • Experience with Criminal Charges
    • Set Bail and Arraignment
    • What To Do/Say When Arrested
    • Individual Rights
    • Criminal Convictions and Immigration
    • Sealing a Criminal Record and Immigration Applications
    • Criminal Defense FAQs
    • Client Success Stories
    • Criminal Defense Legal Fees
    • Criminal Defense / Immigration Infographic
    • Schedule Initial Consultation
  • Personal Injury
    • Motor Vehicle Accidents
    • Other Injuries
    • Personal Injury Claim Process
    • Client Success Stories
    • Why Choose Us
    • Personal Injury FAQs
    • Personal Injury Legal Fees
    • Personal Injury Infographic
    • Schedule Initial Consultation
  • Client Reviews
    • What Our Clients Say
    • Client Ratings
    • Video Client Testimonials
    • Customer Satisfaction Survey
    • Facebook Testimonials
    • Client Succes Stories
    • Write/Read Client Reviews
    • Schedule Initial Consultation
  • About Us
    • Our Firm
      • Firm Overview & Mission
      • Our 5 Principles
      • Working Philosophy
      • Practice Areas
      • Video Client Testimonials
      • Why Hire Us
      • Our Legal Fees
    • Preparing to Meet With Us
      • Intake Form for Consultation
      • Communication Policy
      • Records Management and Retention Policy
      • Published Court Decisions
      • Customer Satisfaction Survey
      • Client Success Stories
      • Events
    • Our Team
      • Legal
      • Administrative
    • Careers
      • Newsletters
      • Send Us Your Feedback
      • Directions to Our Office
    • Blog
    • Schedule Initial Consultation
  • FAQs
    • Frequently Asked US Immigration Questions
    • Frequently Asked Criminal Defense Questions
    • Frequently Asked Personal Injury Questions
    • Schedule Initial Consultation
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
martine - client testimonial
Play Video
Martine: "My experience with FitzGerald & Company has been tremendously rewarding… they’ve helped me get my green card. He (Desmond) was always very realistic... He would never paint a picture more beautiful… would never say you get something within a month and then take a year..."
More
william - client testimonial
Play Video
William: "What I liked most about FitzGerald & Company is that they excel at professionalism.. the way they do their work, the communication with the clients.. When you call the office from the receptionist to the lawyer everything is well arranged..
More
alistair - client testimonial
Play Video
Alistair: "Came in originally with an H-1 b working visa.. and at one stage I had to apply for an E-1 investor visa which allowed me to start my own company. What I liked most about working with FitzGerald & Company was that the team that I worked with really got to understand my situation.."
More
ahmed - client testimonial
Play Video
Ahmed: "I have known Mr. FitzGerald for 9 years.. and he has always been there for me. The staff has been great as well, communicating with me through mail and phone. Billing has never been a problem with Mr. FitzGerald.. and of course He has succeeded and got the job done every time he worked with me.." More
isaac - client testimonial
Play Video
Issac: "They were there to support me on my case from day one.. always available if you call them.. always there if you have any concerns. Willing to walk with you throught the case.. I have recommended my friends to FitzGerald & Company, because I feel they will be treated the way I was treated and I was very happy.."
More
Previous Next
Home / Immigration Newsletters & Resources / TPS, DACA & Other Immigration Processes / DACA Part 2 (August 2012)

May 6, 2015

Deferred Action Program for Young Immigrants or Childhood Arrivals–DACA Part 2 (August 2012)

Deferred Action Program for Young Immigrants Spanish Interview in Media - Part 1 Deferred Action Program for Young Immigrants Spanish Interview in Media - Part 2

Attorney Desmond P. FitzGerald speaks about the new Obama Deferred Action policy for young immigrants or childhood arrivals (DACA) on interview with Dr. Luisa Medrano of Perfil Latino.

As anticipated, the Deferred Action Program for Young Immigrants or Childhood
Arrivals (DACA) started August 15, 2012 or 60 days after PresidentObama’s announced its creation (click here for eligibility requirements). We are making appointments for those who want to hire legal help to review eligibility and to prepare the application and supporting documentation (this is particularly recommended for those who have had criminal charges in the past and need to make sure that they are eligible before applying, or to see if there is something that can be done to change the disposition of a criminal case, and for those who have spent time outside the US during the time they should have remained in the US to be eligible).

We want to encourage everyone who is eligible to apply for this benefit as it is an opportunity for the immigrant community to demonstrate the value and contributions that they are capable of making to the US if given permission to work and live in the U.S. and hopefully encourage lawmakers to pass positive immigration reform.

Below are some additional questions and answers regarding the Deferred Action Program for young immigrants or Childhood Arrivals (view more questions on DACA from our earlier newsletter, including eligibility requirements and documentation needed)

What should I do if I have been involved in any criminal proceeding?

It is very important that before you apply for the Deferred Action Program for Young Immigrants or Childhood Arrivals, that you have an attorney experienced in both immigration and criminal defense review all your records pertaining to the matter, including but not limited to police reports, court records, docket sheets, probation reports, etc. There are certain situations in which we can go back to court and reopen a case and/or modify a disposition so that it does not have a negative impact for immigration purposes and the person may qualify for Deferred Action.

Can immediate family members or dependents get DACA as well?

No, unless they satisfy the eligibility criteria for Deferred Action for Young Immigrants or Childhood Arrivals (DACA) themselves.

Does Deferred Action for Young Immigrants or Childhood Arrivals result in permanent lawful status for those who receive it?

No. DACA does not provide permanent lawful status nor a pathway towards it. Only the congress can create or modify laws to confer the right to permanent lawful status.

Does this policy apply to those who have had their case reviewed under the case by case review process and have not been offered administrative closure, or have either accepted or declined an offer of administrative closure?

Yes, if they meet the eligibility criteria outlined above for DACA.

If DACA is denied will the person be placed in removal/deportation proceedings?

Individuals whose request for Deferred Action for Young Immigrants or Childhood Arrivals is denied will be referred to ICE only if they have a criminal conviction or there is a finding of fraud in their request. ICE will apply its existing Notice to Appear guidance governing USCIS’s referral of cases to ICE.

Will there be any exceptions for the requirement that an individual must have resided in the US for at least 5 years?

Brief, casual and innocent absences will not violate this requirement. If you were absent from the United States for any period of time, your absence will be considered brief, casual, and innocent, if it was before August 15, 2012, and:

  1. The absence was short and reasonably calculated to accomplish the purpose for the absence;
  2. The absence was not because of an order of exclusion, deportation, or removal;
  3. The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and
  4. The purpose of the absence and/or your actions while outside the United States were not contrary to law.

If I receive Deferred Action for Young Immigrants or Childhood Arrivals will I be allowed to travel outside the US?

This may be possible only if you are approved for advanced parole, for
which you can apply only after you have been granted Deferred Action for Childhood Arrivals. You should not travel outside the US after August 15, 2012 or before you are granted Advanced Parole, as you will not be considered for Deferred Action under this process.

Note: 
If you are in unlawful status and/or are currently in removal proceedings, and you leave the United States without a grant of advance parole, you will be deemed to have removed yourself and will be subject to any applicable grounds of inadmissibility if you seek to return.

Can a denial of Deferred Action for Young Immigrants or Childhood Arrivals be appealed?

No, but a process has been established to request a review if it is believed that the case was mistakenly denied.

What steps will the USCIS and ICE take to prevent fraud in the Deferred Action for Young Immigrants or Childhood Arrivals process?

Anyone who knowingly provides incorrect information or omits facts to the USCIS or ICE to obtain Deferred Action or work authorization will be treated as an immigration enforcement priority and be subjected to criminal prosecution and/or deportation from the US.

Top

Stay Informed
Subscribe to Our Newsletter

Newsletter

Get to Know Us Video

Get to Know Us

Client satisfaction

Client rating

Newsletter Index per Year

  • 2021
  • 2020-2019
  • 2018-2017
  • 2016-2015
  • 2014-2013
  • 2012-2011
  • 2010-2009
  • 2008-2007

Newsletter Categories

  • Immigration News & Resources
  • Criminal Defense News & Resources
  • Personal Injury News & Resources
  • Search Newsletter By Topic

Schedule your initial consultation today. Call 617-303-2600 (ext. 0)

StatisticsReview of Fitzgerald & Co

Call to schedule an
appointment today

617-303-2600

Serving clients in Massachusetts
and surrounding areas.

Benefits of Appointment

  • Learn your legal options
  • Understand your risks
  • Make well informed decisions
Online Appointment Request

Authorization of email use

Call to schedule an
appointment today

617-303-2600

Serving clients in Massachusetts
and surrounding areas.

Benefits of Appointment

  • Learn your legal options
  • Understand your risks
  • Make well informed decisions
Online Appointment Request

Authorization of email use

BBB Acredited Business 2014 Member peerrated 2019 best personal injury 2020 best immigration attorney 2020 best criminal defense attorney badge 2020 10 best immigration attorneys Top Somerville Car Accident Lawyers

FitzGerald Law Company (also know as “FitzGerald & Company” or “FitzGerald & Company, LLC.” )
185 Devonshire Street, Suite 601 Boston, MA 02110 (617) 523-6320

Site Map – Find The Page You Are Looking For | Blog | Privacy Policy

FitzGerald Law Company serves the following Massachusetts communities: Suffolk County including Boston, Jamaica Plain, Chelsea and Revere; Middlesex County including Cambridge, Framingham, Lowell, Malden, Everett, Newton, Somerville, and Waltham; Norfolk County including Quincy, Brookline, Weymouth and Randolph; Essex County including Haverhill, Lawrence, Lynn, Peabody, and Salem; Worcester County including Fitchburg, Leominster, Shrewsbury and Worcester; and Plymouth County including Bridgewater, Brockton and Plymouth.

Disclaimer: The information contained in this Web site is general in nature and subject to change at any point in time. As such, it may not necessarily apply to all situations. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.

Authorization of email use

By providing your email address you authorize us to communicate with you via email, and include you in our monthly eNewsletter's distribution list. For more information, please visit our Privacy Policy page.

Online Appointment Request
  • Immigration
  • Criminal
  • Personal Injury
Modal title

Schedule your initial consultation today. Call 617-303-2600 (ext. 0)

 

fitzgerald law company

Receive Our FitzGerald Law Company eNewsletter for:

  • Information on immigration Options
  • Client Success Stories
  • Important immigration Law Changes
  • Answers to Immigration, Criminal and PI FAQs
  • Events, important announcements, resources and tips
  • Which of our practice areas are you interested in? (you may select more than one)
  • Your email will be kept completely confidential
  • This field is for validation purposes and should be left unchanged.

 

×