Temporary Protected Status (TPS) in the United States was recently extended for Hondurans and Nicaraguans for an additional 18 months. If you need help re-registering for TPS extension, please contact our office. We’d be more than happy to assist you!
New Weekend and Evening Office Hours
Starting Saturday, April 6, 2013, we will begin scheduling consultations during evenings and weekends in order to better serve our busy clients.
Have you been delaying filing an application for U.S. naturalization or a green card application for a foreign family member? Now is the time to meet with an attorney to discuss your immigration options. Please contact our office to schedule a consultation.
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Can the New Provisional Waiver of Unlawful Presence Help You?
The Department of Homeland Security (DHS) announced a rule change last month that will allow immediate relatives of U.S. citizens who are afraid to leave the United States to apply for a provisional waiver before completing the process of interviewing for an immigrant visa (or green card). Beginning March 4, 2013, immigrants who entered the U.S. illegally and are facing a three- or ten-year bar from reentering the U.S. can apply for a “stateside” waiver of inadmissibility prior to departing the United States. This will allow them to remain in the U.S. until they receive assurance from U.S. Citizenship and Immigration Services (USCIS) that their time spent in the United States will not be used as a ground for denial of their green card. Previously, these relatives of U.S. citizens needed to depart the United States before filing for a waiver and risked getting “stuck” abroad for many years if their waiver was denied. For the full announcement, visit the USCIS website here.
You may be eligible for a provisional waiver (or a “stateside waiver”) if you meet a number of requirements.
- You are physically present in the United States;
- You are at least 17 years old;
- You are the beneficiary of an approved immigrant visa petition (Form I-130, Petition for Alien Relative) classifying you as the immediate relative of a U.S. citizen;
- You have an immigrant visa case pending with the U.S. Department of State (DOS), for which you have already paid the immigrant visa processing fee; and
- You believe you are, or will be at the time of the immigrant visa interview, inadmissible based on having accrued a certain period of unlawful presence in the United States.
Our office is happy to discuss this new rule change with any prospective clients. Email info@gassonlaw.com or call (781) 396-8700.
Your Attorney as a Storyteller
If I told you that attorneys were storytellers, would you chuckle in disbelief?
We tend to think of our lawyers as stern and joyless paper-pushers — and to some, a punchline to a joke about scum suckers.
I used to be a journalist, but I left the newspaper business to tell stories to a different audience. I tell stories on paper and in courtrooms. My clients tell me their stories of the American dream and how they hope to spend the rest of their lives in this great country of ours.
A excellent attorney will be able to relate that story of yours to the government, using all the evidence at his or her disposal and following all the applicable rules and regulations. Your lawyer should realize that a small nuance of that story may make a great deal of difference to an immigration official and will find a way to bring your best qualities to the forefront.
That’s what our law office provides. Personalized service and a phone number to contact your attorney at any time with questions about your case.
Should I Apply for Deferred Action for Childhood Arrivals (DACA)?
U.S. Citizenship and Immigration Services [USCIS] recently started accepting applications for Deferred Action for Childhood Arrivals [DACA], which would delay any removal proceedings for eligible applicants for a period of two years, subject to renewal, and would allow successful applicants to apply for employment authorization to work legally in the United States.
You may request consideration of deferred action for childhood arrivals if you are under 31 years old as of June 15, 2012 and at least 15 years old as of the date of application (unless you are currently in removal proceedings or with a final removal or voluntary departure order) and meet the following additional requirements set forth by USCIS:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Just because you are eligible for DACA, does not necessarily mean you SHOULD apply.
While DACA is a step forward in immigration law, it is not a pathway to permanent residence or a visa to stay in the United States. It differs from the proposed DREAM Act in that while students and graduates may work in the U.S., their status remains in limbo and it does not guarantee that removal proceedings may not be instituted against them in the future. It is important to note that applicants are providing their personal information to USCIS and the Department of Homeland Security. Although the current guidelines state that those cases not involving a criminal offense, fraud or a threat to national security or public safety will not be referred to Immigration and Customs Enforcement [ICE], it is worthwhile to consult with an immigration attorney to whether or not you should apply for relief under DACA given your past personal history.
The Law Office of Kristina A. Gasson is currently accepting clients seeking advice as to whether they should apply for relief under DACA. Please contact us to schedule a consultation.
Law Office of Kristina A. Gasson – Immigration Services Locally & Nationally
Welcome to the website and blog of the Law Office of Kristina A. Gasson, now accepting clients in Medford, Greater Boston, nationally and across the globe. We provide professional and thorough immigration advice and services at affordable rates at our home office in Medford, MA, but we employ a variety of technology to communicate with our clients in different states or countries if need be.
Please visit our Immigration and Estate Planning pages for more information about the legal services we provide, and as with any legal information or attorney-authored website, please read our Disclaimer.