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Massachusetts Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Massachusetts on
Q: Would starting a new master's program right after PhD impact my chance of filing for the EB1-A visa?

Greetings,

I hope the message finds you well. I am an international graduate student and I recently defended my PhD dissertation (STEM field). I intend to file for EB1A visa; I think I've met 3 out of the 10 criteria. Then there's that second part from USCIS that reads... Read more »

Samuil Buschkin
Samuil Buschkin answered on Nov 16, 2021

The definition of extraordinary ability is a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor. You prove extraordinary ability by showing “sustained national or international acclaim” and that your... Read more »

3 Answers | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Which work Visa do I need as a Bangladeshi citizen to work @ a Coffee business in Boston MA. They are my ex UK employer.

Dear Sir/Madam,

I am from Bangladesh, I recently received job offer from an employer in US and I would like to know what's the procedure for Bangladeshi citizens to be able to meet the immigration requirements. I will be working at a Coffee chain shop in state of Massachusetts which I... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Nov 7, 2021

You may qualify for an L visa or you will need an H visa. More information is needed. Secondly, it is the employers responsibility to take care of the initial visa requirements for the employee. I suggest you have the emplooyer contact an experienced immigration attorney.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Will applying for CPT conflict with my marriage-based green card application?

I'm currently on F-1, but I'm waiting for my marriage-based green card interview date and work permit (I already did my biometrics). I wish to apply for CPT for an employment opportunity directly related to my course of study (I'm a Ph.D. student and already used my OPT after my... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 24, 2021

No.

You may apply for your OPT EAD as planned which would not affect your pending AOS LPR case.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have changed my status from an F-1 to an H1B visa on US soil. Do I have to be out outside the US to renew my visa?

I had an f1 visa on my passport and I do not have an h1b visa stamped on my passport, however, i got a legal status for a h1b last October (2021). I wanted to enter my visa and was hoping that this would allow me to travel internationally, however my visa on my passport is still an F1.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 19, 2021

Immediately advise your assigned immigration attorney retained by the sponsoring company.

2 Answers | Asked in Immigration Law for Massachusetts on
Q: Could I face issues while renewing 10yr E19 GC, if I get divorced before 2 yrs of receiving it? I had a 10 yr+ marriage

I'm an Indian citizen holding an E19 Green Card that was issued in Aug '20. I separated from my husband around July '21 due to irreparable issues in the marriage. We both want to apply for a mutual divorce by Nov, '21. The green card is a 10-yr one. My marriage has been of 10.5... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Oct 12, 2021

As the spouse of a priority worker you derive your status from his status. You indirectly received your LPR status through marriage. There may be questions regarding whether the marriage was a legitimate marriage. However, given the length of your marriage it is unlikely. If asked, it sounds like... Read more »

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1 Answer | Asked in Divorce, Family Law, Immigration Law and Federal Crimes for Massachusetts on
Q: 2 years ago, my friend married a guy but he's using her for the green card. How can I report him anonymously?

This guy is from Haiti. He has been staying on the tourist visa and he seduced my friend to married him. He has a kid with her now: a 2 years old daughter.

Kevin L Dixler
Kevin L Dixler answered on Oct 3, 2021

More information is needed, but it cannot come from her. You have no affirmative duty nor direct evidence of fraud by the husband! Strangely, you ‘may know’ more incriminating facts about her!

It reads more like, she ‘seems to want’ out of a marital relationship that appears to...
Read more »

2 Answers | Asked in Divorce and Immigration Law for Massachusetts on
Q: Immigration does not recognize 1991 divorce from the DR. Does he have to get a divorce here in MA to be recognized?

Both husband and wife did not have a domicile in DR at the time of the divorce. Now in 2021, he is trying to remarry but immigration states before getting married to someone else he needs proof that one or both needed to reside in the Dominican Republic of which neither lived in DR. Is there... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 10, 2021

It certainly presents a problem as if the USCIS does not recognize that DR dissolution of marriage then any attempt to marry a person in the United States would create an allegation of polygamy (being married to two or more people a the same time).

It definitely needs to be properly completed.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Husband filed to remove conditions I want a divorce. Can he get alimony from me?
Kyndra L Mulder
Kyndra L Mulder answered on Jul 26, 2021

I assume your husband is the immigrant. He can have the conditions of his LPR status removed on his own by filing a waiver of the joint filing requirement. He can request alimony in a dissolution proceeding and he can request the affidavit of support be enforced.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My parents just migrated to US and have a green card; can they sponsor my brother as well?

Hello,

I have sponsored my parents and my brother green card. My parents were able to get immigration visa and now in US with green card; however, my brother is not considered close relative, therefore, his visa can take up to 10 years; Question: can my parents sponsor him now as well as... Read more »

Adan Vega
Adan Vega answered on Jul 12, 2021

One of your permanent resident parents can file the FORM I-130 on behalf of your brother IF he is unmarried.

If that process is possible, your brother will be classified in a different category ( F2A or F2B) than the F4 and the issuance of the immigrant visa may occur at an earlier time.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Is the one step adjustment process available to a foreign adult legally living in the U.S through a student visa?

My dad is a green card holder and petitioned me, a U.S student visa holder, for a green card. Should I have filed for adjustment of status as well since I already live in the U.S or is that only for children under 21 years old?

Kyndra L Mulder
Kyndra L Mulder answered on Jun 27, 2021

There is not such thing as a one step process. You must have an approved Alien Relative Petition and then you must file to adjust status.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: What can my son do if his wife refuses to return to the US after a visit to Thailand.

She is in the US legally. Came on a Fiance visa and they got married. They have a son, born in the US. The 3 of them would go for a visit, but she might not want to return to the US with the boy.

Kevin L Dixler
Kevin L Dixler answered on Jun 23, 2021

This is a challenge. There appears to be domestic issues that need to be resolved. Perhaps, marriage counseling is needed in Thailand.

If his wife wishes to abandon her lawful permanent resident status, and live in Thailand, then she and your son need to decide whether they can remain...
Read more »

2 Answers | Asked in Immigration Law for Massachusetts on
Q: was born in canada and have canadian pasport. bin in the us since i was 5 and have a green card perminent resident. also

bin married for over 30 years to my wife who is a born in the us and an american citizen. do i have to take a citizenship test ?

Adan Vega
Adan Vega answered on Jun 9, 2021

The information that you have posted indicates that you appear to be a permanent resident

and not a U.S. citizen.

You will need to file the FORM N-400 with USCIS if you wish to obtain U.S. citizenship. The FORM N-400 will provide you with information regarding eligibility for...
Read more »

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: i came in the united states when i was 11 years old now I'm 20 can i do anything to get a citizenship or get close to

the only thing I've done is file for an ITIN number but other than that everything has been done by my family but it feels like there is so many opportunities that I'm missing out on that my family is not a aware off.

Kyndra L Mulder
Kyndra L Mulder answered on Jun 2, 2021

DACA?

Provisional Waiver?

Consultation with an experienced Immigration Attorney?

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Undocumented teen, just turned 18.Family member opened SS# and claims on taxes but wont give it to her. What options?

Teen, 18, High School senior, undocumented, no birth certificate(trying to get one from Haiti), no ID, Aunt wont give SS# but claims on taxes, can't do DACA because of possible SS#, does not live with either parent but with family instead. Is there a way to find out her SS#?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on May 18, 2021

There are many questions here, the most obvious is how do you have a SS# if you are undocumented? You need to sort this out before someone gets you into trouble without your knowledge. Please consult an attorney urgently. You can find one on the Justia Directory or on thevAmerican Immigration... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Please what is the success/denial rate for marriage based green cards.

I met my wife last year, she’s on a tourist visa and we got married Dec 2020. I want to help her apply for a marriage based green card. Please what’s the rate of success (estimate) with marriage based green card applications?

Stephen Arnold Black
Stephen Arnold Black answered on Mar 16, 2021

If you married for love then the chances are good. Immigration agents are very skilled at detecting fraud.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I get married to my boyfriend despite us not living together? I am a permanent resident. We are college students.

We are going to different colleges in different states and will probably be doing long-distance for a while. Will this marriage be legitimate in Massachusetts? He is not American. If possible, I want him to live with me in America permanently.

Hector E. Quiroga
Hector E. Quiroga answered on Feb 25, 2021

Yes. You will have to show evidence of good faith marriage as well as an explanation as to why you are currently living apart.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I-130 petition for my brother who lives in Pakistan and is married to two wives. Will this have implications?

In Pakistan, you can have more than one wife by law.

Kevin L Dixler
Kevin L Dixler answered on Jan 29, 2021

Yes, this is a problem. The names of all spouses must be included in the petition. Bigamy is grounds for inadmissibility. This means that, as a bigamist, he should be disqualified from lawful immigration. This will require any previously approved I-130 petition to be revoked, even years later.... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Is it allowed to apply for STEM Extension from outside USA?

Hello, I am on F1 visa and am currently employed post-graduation on my initial OPT which is about to end in January. For some personal reason, I have been out of the country since a month. My company is in the process of preparing documents and I most likely will apply for STEM Extension in the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 24, 2020

It would probably be best in the long run for you to return to the US and apply here. It would likely simplify things in the long run.

1 Answer | Asked in Employment Law, Immigration Law and Employment Discrimination for Massachusetts on
Q: Can an employer refuse to hire you on OPT?

I am a Masters' graduate from a STEM degree. I graduated in May 2020 so I am currently on OPT. I was given a confirmed written offer by a company, but when they were doing background checks etc, they asked me about my visa status. I told them I was on STEM OPT so I officially had 3 years of... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 11, 2020

If employment is at will, then there is probably nothing you can do about it. It is hard to say if discrimination based on visa status is valid, given a company’s long-term goals. Your best option would be to discuss your case with an attorney with knowledge of workplace issues.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: What the meaning of a question from I-130 form (WAS THE BENEFICIARY EVER IN IMMIGRATION PROCEEDINGS?)
Michael E.D. Templo, Jr.
Michael E.D. Templo, Jr. answered on Oct 4, 2020

It means whether the person being petitioned (beneficiary) was ever in removal, deportation, or any other proceeding required under immigration law to ensure due process.

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