Karina Garcia Herhusky

Karina Herhusky is a dedicated professional who strives to provide the best legal representation for her clients. She believes that empathizing with clients is the key to successful representation. Karina understands the importance of keeping clients informed throughout every step of the process.

An immigrant herself, Karina understands a client’s perspective, including the challenges they face to legalize their status and other issues that may have an impact on their legal status. As a wife and mother, Karina empathizes with families who may be facing the threat of separation due to their immigration status. She fiercely advocates on behalf of clients facing criminal charges or traffic citations, to get the best possible outcomes.

North Carolina Central University School of Law

J.D. (2016)

Activities: Immigration and Naturalization clinics, Veterans clinics, North Carolina Commission on Racial and Ethnic Disparities in the Criminal Justice System.

Peirce College

B.S. (2008) | Paralegal Studies

Honors: Cum laude

Fayetteville Technical Community College

A.A. (2006) | Paralegal Technology

Activities: Guardian Ad Litem Program

Managing Attorney

Herhusky Law Office, PLLC

2019 - Current

Attorney

Matheson and Associates PLLC

2018 - 2019

Attorney

Durham County Public Defender's Office

2018

Document Reviewer

Consilio LLC

2017 - 2018

Online Spanish Instructor

Mid Atlantic Professionals, Inc. DBA SSI

2012 - 2016

Legal Assistant

Legal Aid of North Carolina

2015

North Carolina Bar Association  # 52607

Member

Current

American Immigration Lawyers Association

Member

Current

Wake County Bar Association

Member

2018 - Current

North Carolina Society of Hispanic Professionals

Member

2018 - Current

North Carolina Advocates for Justice

Member

2015 - Current

North Carolina

10th Circuit

• Credit Cards Accepted

Immigration Law

Asylum, Citizenship, Deportation Defense, Family Visas, Green Cards, Immigration Appeals, Investment Visas, Marriage & Fiancé(e) Visas, Student Visas, Visitor Visas, Work Visas

Criminal Law

Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes

Q. What are the eligibility requirements for H1-B cap gap?

December 21, 2018

A: A cap-gap extension extends an eligible F-1 student's status to bridge the gap between the end of the F-1 and the beginning of the H1-B. It allows the student to remain in the U.S. during the gap. The H1-B cap limits the amount of H1-Bs allowed each fiscal year. The fiscal year begins October 1st, when a new batch of H1-Bs become available. Employers can file for an H1-B up to 6 months before April 1(the new fiscal year), to add their application to the list of applications waiting for October 1st. The cap does not apply to all H1-Bs, if you are employed by a qualifying institution, you may be exempt from the cap. In your case, since you are employed by a non-profit research organization, you will have to check with the organization, or their legal counsel.

Q. What are the risks to divorcing a US citizen as an undocumented immigrant?

December 21, 2018

A: Usually when an immigrant marries a U.S. citizen and the U.S. citizen files a petition for permanent residence on behalf of the immigrant, the immigrant is granted conditional permanent resident status until the couple has been married for two years. This two year conditional period is supposed to deter people from entering into sham marriages for the sole purpose of obtaining an immigration benefit. In order for the immigrant to remove the granted conditional permanent status, the immigrant will have to file a form to remove the conditional status before the temporary green card expires. The form has a a built-in waiver for those who have divorced their U.S. citizen spouse, but USCIS will still require proof that the marriage was entered in good faith, for legitimate reasons and not for the purpose of obtaining an immigration benefit. Divorce could definitely affect your stay in the U.S., please consult an attorney that could advise you based on your particular situation.

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