Monthly Archives: July 2017

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!

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 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. 

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.

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.

1. Check in at Ceremony

   After you arrive at the ceremony, check in the officer, who will then review your responses to Form N-445, Notice of Naturalization Oath Ceremony.

2. Return your Permanent Residency Card

   You must return your Permanent Resident Card to USCIS when you check in for your naturalization ceremony. If your card was lost or stolen and you have established this with USCIS prior to the ceremony, you will not be required to return the card. You will no longer need your Permanent Resident Card because you will receive your Certificate of Naturalization after you take the Oath of Allegiance.

3. Take the Oath of Allegiance

   You will take the Oath of Allegiance at a naturalization ceremony, which will officially complete the process of becoming a U.S. citizen. You will receive your Certificate of Naturalization after taking the Oath of Allegiance.

4. Receive the Naturalization Certificate

   You should review your Certificate of Naturalization and notify USCIS of any errors before leaving the ceremony. At this point, you may use your Certificate as proof of your citizenship.

1. 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.

2. Continuous Residence

   “Continuous residence” means that the applicant has maintained residence within the United States for the required period depending on the basis for eligibility.

   Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise.

3. Physical Presence

   Applicants are required to show that they were:

   Physically present in the U.S. for thirty months within the five year period before applying, or
   Physically present in the U.S. for eighteen months within the three year period.

   In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 where the applicant has residency.

4. Exceptions

   USCIS allows for exceptions to the continuous residence requirement for the following applicants:

   The United States government, including the Military
   Contractors of the United States government
   A recognized American institution of research (List of Recognized American Institutions of Research and Other Recognized Organizations (PDF, 104 KB))
   A public international organization
   An organization designated under the International Immunities Act

1. 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.

2. Exceptions

   There are exceptions and modifications to the naturalization requirements that are available to those who qualify.

   You Are Exempt From The English Language Requirement, But Are Still Required To Take The Civics Test If You Are:

   Age 50 or older at the time of filing for naturalization and have lived as a permanent resident (green card holder) in the United States for 20 years.
   OR
   Age 55 or older at the time of filing for naturalization and have lived as a permanent resident in the United States for 15 years.

   Further, you may be eligible for an exception to the English and civics naturalization requirements due to a physical or developmental disability or a mental impairment. To request this exception, submit Form N-648, Medical Certification for Disability Exceptions.

3. Accommodations

   USCIS also provides accommodations for individuals with disabilities. USCIS provides accommodations or modifications for applicants with physical or mental impairments that make it difficult for them to complete the naturalization process. Applicants should list their needs in the space provided on Form N-400, Application for Naturalization.

1. Family-Based Residency

   A U.S. citizen or Permanent Resident has a right to file an I-130 visa petition to sponsor his or her foreign-born spouse. To get a green card based on a sex-same marriage, you must be legally married and you must be able to demonstrate that the marriage is based on a bona fide relationship.

2. K1 Fiance Visa

   A U.S. citizen may petition for his or her foreign national finance and may file Form I-129F to initiate the process. A same-sex relationship is recognized for immigration purposes regardless of whether the state the petitioner resides does not recognize same-sex marriages as valid.

3. Waivers

   An I-601 or I-601A immigration waiver may be necessary for gay and lesbian foreign nationals with grounds of inadmissibility including criminal convictions, fraud, and unlawful presence. These waivers require a demonstration of extreme hardship to a qualifying U.S. citizen or permanent resident relative.

4. Removal Proceedings

   Gay and lesbian immigrants in removal proceedings may use adjustment of status to obtain a green card through a same-sex marriage as a defense to removal. Further, gay and lesbian immigrants may also seek relief in the form of Cancellation of Removal and use same-sex married partners as qualifying relatives or may include hardship to their spouses as discretionary factors.