Reminder – Office Expanding to 2nd Location 

Agarwal Law Offices is very excited to announce the opening of a second location in Framingham, Massachusetts beginning September 1, 2017.
The official address is: 945 Concord Street, Framingham, MA 01701. We will continue to maintain the Andover, MA location at 3 Dundee Park. This expansion will allow Attorney Agarwal to meet and work with clients from Essex and Middlesex Counties. Similar to our convenient Andover office, located directly behind the Commuter Rail Station, the Framingham location is minutes from Route 128 and Interstate 495, and offers optimum access to metropolitan Boston via the Massachusetts Turnpike.

The expansion of Agarwal Law Offices comes after an assessment of the need for quality immigration service providers in the Metro-West region of Massachusetts. Through extensive experience and positive results, Attorney Agarwal is best suited for the needs of this rich population of immigrants. In addition, we hope to provide added convenience to our existing clients who prefer one location over another, as we constantly strive to accommodate our clients. Check back for office hours at each location soon. We look forward to serving the community and hope to see you soon!

U Visa Filing Tips

This guide is intended for potential applicants of a U visa.Basic Qualifications

The U visa is for immigrants who have been victims of a crime and assist or are willing to assist U.S. authorities in investigating and/or prosecuting that crime. To be eligible to apply for a U visa, a person must: Have suffered substantial physical or mental abuse as a result of being a victim of certain types of crimes; Possess information about that criminal activity; Provide a certification from a law enforcement official, prosecutor, or judge that the person has been, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity; and Show that the criminal activity violated the laws of the United State.
Be honest in your filing
It is most important to divulge the truth in your U visa application. Do not exaggerate the extent of the crime you were a victim of or the substantial harm you suffered as a result of the crime.
Complete the certification in a timely fashion

The U visa certification, Form I-918B is required to be certified by an authorized law enforcement agency. Be sure to acquire this certification before filing or your application will not be accepted.
File all relevant waivers with the petition

If you entered the country without inspection and are applying for a U visa, you will need to file a waiver – I-192. It is best to file this waiver with your U visa application as to avoid any unnecessary delays.
Permanent Residency post-U visa

The following conditions need to be met for applying for permanent residency after obtaining your U visa: o Continuous physical presence in the U.S. for least 3 years while on U-Visa status. o Never unreasonably refused to provide assistance to the law enforcement agencies since received U-Visa. o Continue to have U-Visa status at the time the applicant applies for adjustment of status. o Lawfully admitted to the U.S. as applicant with U-Visa status. o Presence in the U.S. is justified on humanitarian grounds, to ensure family unity or is in the public interest.

USCIS New Interpreter Policy

USCIS has introduced a “Declaration for Interpreted USCIS Interview” form (Form G-1256). USCIS requires that the interpreter provide consecutive interpretation to ensure that accuracy. Form G-1256 must be signed by both the interviewee and the interpreter at the beginning of the interview. The form requires the interpreter to agree to not disclose or share any of the information discussed or learned fromthe interview. Attorneys may not act as both legal representative as well as interviewer for the interview. 

DOS Special Passport Acceptance Fairs 

The Department of State is holding special Passport Acceptance Fairs across the United States to help you get your passport this Spring. Adults who are first time applicants and all children can apply early and avoid the rush! New events will be added every Monday.
Please see the current list of events here. Events are grouped by state, so you may have to scroll down to find an event near you.

Most events are for first time applicants and children using Form DS-11 to apply.

If you are eligible to renew your passport, you should renew by mail. For instructions, see Renew by Mail.

Remedies for Excessive Case Delays 

Pursuant to the Adminstrative Procedures Act, if an I-485 adjustment of status or citizenship application is being unreasonably delayed, an individual may file a Writ of Mandamus to force U.S. Citizenship and Immigration Services (USCIS) to make a decision on the application. Not only is the duty of USCIS to adjudicate a petition a mandatory one, courts have upheld that the duty should also be completed within a reasonable time period.
This suit must be filed in the federal district court with jurisdiction over the director of the local USCIS office that has delayed the decision on the application. The court may grant or deny the application, or send the case back to USCIS for a decision.

For more information about these services, please schedule a consultation at 978-905-9992.

Naturalization Process for Military Servicemen

Generally

You may qualify for naturalization if one of the following requirements is met: You have been a permanent resident for at least 5 years; You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen; You have qualifying service in the U.S. armed forces; Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met. More specifically, applicants are required to show that they have: Resided continuously in the U.S. for five years before applying, (see legal basis), or Resided continuously in the U.S. for three years in the case of qualified spouses of U.S. citizens.

 

Military Service Generally

Generally, qualifying military service includes service with one of the following branches: Army, Navy, Air Force, Marine Corps, Coast Guard, certain components of the National Guard and the Selected Reserve of the Ready Reserve. A member of the U.S. armed forces must meet the requirements and qualifications to become a citizen of the United States. He or she must demonstrate: Good moral character Knowledge of the English language Knowledge of U.S. government and history (civics), and Attachment to the United States by taking an Oath of Allegiance to the U.S. Constitution.

 

Service in Peacetime

Section 328 of the INA applies to all members of the U.S. armed forces and those already discharged from service. An individual may qualify for naturalization if he or she has: Served honorably in the U.S. armed forces for at least one year Obtained lawful permanent resident status, and Filed an application while still in the service or within six months of separation

 

Service During Periods of Hostility

Under special provisions in Section 329 of the INA, the President signed an executive order on July 3, 2002, authorizing all noncitizens who have served honorably in the U.S. armed forces on or after Sept. 11, 2001, to immediately file for citizenship. This order also covers veterans of certain designated past wars and conflicts. The authorization will remain in effect until a date designated by a future presidential executive order.

Oath Ceremony – What to Expect

Naturalization Continuous Residence Requirements

Naturalization Exceptions & Accommodations

Same Sex Marriage Immigration FAQs