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Karina Garcia Herhusky

Karina Garcia Herhusky

  • Immigration Law, Criminal Law
  • North Carolina
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Karina Herhusky is a dedicated professional who strives to provide the best legal representation for her client and believes that empathizing with clients is the key to a successful representation, for that reason she understands the importance of keeping clients informed throughout every step of the process.

As an immigrant herself, she understand from a client’s prospective, the challenges faced by immigrants attempting to legalize their status; or facing other legal issues that may have an impact on their legal status. As a wife and mother, she empathizes with families who may be facing the threat of separation due to their immigration status. As a fierce advocate, she will advocate on behalf of clients with criminal charges or traffic citations, to get the best outcome possible for her clients.

Practice Areas
  • Immigration Law
  • Criminal Law
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
North Carolina
10th Circuit
  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Durham County Public Defender's Office
- Current
Matheson and Associates PLLC
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
Professional Associations
North Carolina Bar Association # 52607
Wake County Bar Association
- Current
North Carolina Society of Hispanic Professionals
- Current
North Carolina Advocates for Justice
- Current
Websites & Blogs
Legal Answers
2 Questions Answered

Q. What are the eligibility requirements for H1-B cap gap?
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?
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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Contact & Map
Herhusky Law Office
8801 Fast Park Drive, Sute 301
Raleigh, NC 27617
Telephone: (919) 900-6610
Fax: (919) 870-9045