Nicholas Pasquarello

My name is Nicholas Pasquarello, Owner and Founder of NP Immigration, LLC. I am a Columbus-based attorney who specializes in the practice of immigration law. I have of experience representing immigrants yearning to build a life for themselves and their families in the United States and am particularly experienced in Immigration Court/Removal Defense and Asylum We offer a wide array of services to zealously represent the best interest of our clients.

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Ohio

Supreme Court of Ohio Office of Attorney Services

ID Number: 0100610

The Ohio State University Michael E. Moritz College of Law

J.D. (2020) | Law

2017 - 2020

Honors: Public Service Fellow Quire Patton Boggs 2019 Public Policy Fellow

Activities: Executive Board of Immigration Law Society; Managing Editor; Ohio State Journal on Dispute Resolution; Clinical programs: Justice for Children Clinic, Civil Clinic

Ohio State University - Columbus

B.S. (2012) | Psychology & Sociology (double-major)

2008 - 2012

Very active in organizing and activism on matters of worker rights and other related matters of social justice.

Honors: Honor's Program, Phi Beta Kappa

Activities: President of United Students Against Sweatshops

Sixth Circuit Federal Court of Appeals

2023 - Current

State Bar of Ohio  # 0100610

Member

2021 - Current

American Immigration Lawyers Association

Member

2021 - Current

Q. Can I file the AOS with USCIS if it has already been filed with EOIR, while in removal proceeding?

June 10, 2024

A: This seems like a pretty complicated case where I would need a bit more detail to have earnest feedback. Entry on M1 first and only entry? Where and how detained by CBP? Were you NTA'd at that time or before? What box is checked on your NTA - Arriving Alien?

What Mr. Arrasmith said regarding Admin Closure is incorrect. The Court cannot Admin Close your case to process AOS through USCIS due to jurisdiction. If you're in Court, the Court has jurisdiction over your AOS. If you're not in Court, USCIS has jurisdiction. Because you are in Court, the Court has jurisdiction over your case. Therefore, what Mr. Arrasmith said about seeking Admin Closure to process your AOS with USCIS does not make sense and please disregard that.

In any situation, your eligibility for AOS is based on the I-130, which is still pending. You cannot have the AOS processed before the I-130 is approved. While the Court has jurisdiction for AOS, the Court does NOT adjudicate I-130s; only USCIS does that. So even if your AOS is processed by the Court, you will still most likely have to go to a USCIS office for an interview for the I-130.

There is also a particular biometrics process that has to be done for AOS when filed in Court. Make sure your attorney did this properly. Maybe that's holding things up?

Sorry this is more questions than answers, but as I said, this appears to be a pretty complex situation and much more detail would be needed to accurately advise on anything. I'd definitely seek a second opinion from another attorney on your case. Make sure to have all your documents, that's how we figure out what's really going on. ... Read More

Q. Am I elegible for an extension of my EAD?

June 6, 2024

A: If you have a pending asylum application and your work permit under that category (C8) has not expired, you should apply to renew THAT work permit as soon as possible. I'm guessing your first work permit was valid for two years, but they changed that and now C8 work permits are valid for five (5) years. Having TPS is great and all, but it's not a requirement to have a work permit under that category as well. And these work permits for TPS, category A12, are only valid through the time of the TPS designation period, which is definitely much less than the five years you get by renewing your C8 work permit.

Additionally, it's important to know that once you apply to renew your C8 work permit, it will most likely take a long time to process and you will not receive your new work permit before your current one expires. As long as you have submitted your renewal application and have received a receipt notice from USCIS confirming your renewal is filed and pending BEFORE your current C8 work permit expires, you have what's called an Automatic Extension on your work authorization. This means you continue to have legal permission to work for up to 540 days (1 1/2 years) while your renewal application is pending. Here is the USCIS website with information about this: https://www.uscis.gov/eadautoextend

If you need to demonstrate proof of your work authorization to an employer or to the DMV to get an updated license, you just need to show your current work permit and the receipt notice for your renewal application showing that it is still pending. ... Read More

Q. Soy de Nicaragua que puede hacer una persona cuando le mandan una carta de deportacion injusta

June 6, 2024

A: Si cree que se le ha ordenado deportar injustamente, es muy importante consultar y contratar a un abogado INMEDIATAMENTE. Deberá pedir a la corte de inmigracion a reabrir su caso y un factor es su diligencia en hacer que se llama un 'mocion de reabrir". Es absolutamente necesario tener un abogado para ayudar en eso.

Las mociones para reabrir dependen de los hechos de cada caso. Si nunca recibió un documento se llama "Notice to Appear" (NTA) que debería tener la fecha, hora y lugar de la audiencia, debería poder reabrir su caso. Si recibió la NTA con la fecha, hora y lugar de la audiencia, es necesario que demuestran circunstancias extraordinarias para disculpar su ausencia. ... Read More