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 / Marriage / Family Residency Petitions / First Quarter 2009 Newsletter

May 6, 2015

First Quarter 2009 Newsletter

Immediate benefits for your Child through their Step-parent 
Return or remain in the U.S. after deportation 
You may be eligible for a “Waiver of Inadmissibility” 
Criminal charges and your immigration status 
Some may still benefit from the old 245(i) law 
Suing the Immigration service may be the answer 
  

Immediate benefits for your Child through their Step-parent

The immigration law gives the same benefits to step-children of U.S. citizens, as it does to their natural children, so long as the marriage that created the step-parent/child relationship occurred before the child was 18 years of age. If the child is under 21 years of age, the child is eligible to apply for residency immediately upon approval of the I-130 petition.

This is an important benefit to consider as it does not depend upon the immigration status of the natural parent. Many immigrants believe that they have to wait until they are legal or applying for immigration benefits to get a benefit for their children. However, this is not the case. For example, the natural parent may be unlawfully present in the U.S. and not eligible for any benefit directly, nevertheless, his or her children may be eligible for residency based upon the step-child/parent relationship. This is a great opportunity to unify the family, for any parent who is separated from their minor child and who is married to a U.S. citizen.

Top

Return or remain in the U.S. after deportation

If an individual has previously been ordered deported or has actually been deported or refused entry into the U.S., they are generally not able to obtain residency or even permission to visit the U.S. There is an exception though, for individuals who have U.S. resident or citizen family members and can obtain a special permission (waiver/pardon of deportation) from the Immigration Department. The Immigration Department will review several aspects of the person’s immigration history and the significance or importance of their family connection in the U.S. Specifically, the Immigration Department examines the detrimental effect that the absence of the deportee will have on their family members that are U.S. citizens or residents. The person seeking this pardon or permission to be in the U.S., will need to prove that the benefit to their family in the U.S. outweighs the effects of their prior violation(s) of the law (including immigration, criminal, tax, etc.)

Top

You may be eligible for a “Waiver of Inadmissibility”

A person who has violated an immigration law, is generally not able to obtain immigration benefits in the U.S. or at any U.S. consulate abroad. For example, if a person has been unlawful or illegal in the U.S. for one year or more, they generally cannot get immigration benefits in the United States. However, there is an exception to this rule. If the individual has an immediate relative (this does not include brothers/sisters) who is a citizen or legal permanent resident, and would suffer “extreme hardship” (defined as financial hardship combined with emotional and psychological hardship or a significant physical/health hardship), even if the illegal immigrant is not able to obtain immigration benefits because of prior immigration violations, these may be pardoned and a waiver of inadmissibility granted.

Top

Criminal charges and your immigration status

Virtually any arrest, investigation, or charge by any law enforcement agency or officer in or outside the United States could have a potentially negative impact on the immigration status of a non U.S. citizen, and should therefore be reviewed with an attorney. If it is determined that negative effects will result from this situation, there are a number of legal actions that can be taken in order to reduce or eliminate these potential negative effects. For example, a petition can be filed in the criminal court to cancel or vacate a conviction if there was a technical error such as the failure to give “immigration warnings” or literally a warning that accepting responsibility for the alleged misconduct will have a negative effect on the person’s immigration status.

Top

Some may still benefit from the old 245(i) law

Even though the 245(i) law has not been in effect since 2001, there are a number of people who may still be eligible to access benefits through this law, and may not be aware of this. For example, if your uncle was a citizen and he applied for your parents before April 30th, 2001, when you were under 21 years of age, you are automatically grandfathered in for the 245(i) law and you may obtain residency through a family, employment, or any other type of petition, without having to leave the United States. Also, if you are married and your spouse has an open 245i immigration petition, you can obtain benefits through it as well, even if you entered the U.S. after the year 2000. If you suspect that you or any of your family members may have been included in an immigration petition during one of the prior 245(i) periods, we encourage you to have your situation reviewed by an immigration attorney, to see if you qualify for any immigration benefits.

Top

Suing the Immigration service may be the answer

There is a large number of individuals who have had their immigration petitions open and pending with the Immigration Department for a long period of time beyond what is normally required to have an answer. Any individual who finds themselves in this circumstance should consider bringing a legal action against the Immigration Department to obtain a court order that their case be adjudicated or decided immediately. There is generally no additional risk than what already exists by filing an immigration case, and the benefits are substantial (i.e. being able to enjoy your immigration status and petition for family members sooner versus having your case remain in pending status indefinitely).

If you are concerned that your case is taking a long time to be decided and you think you may be eligible to file a law suit you should contact an attorney to have the circumstances of your case reviewed.

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.

 

×