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Massachusetts Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Massachusetts on
Q: Citizenship application & selective service registration mistake.

I applied for U.S. citizenship and responded to the selective service requirement by stating that I was not required to register because I believed I entered the U.S. when I was 25 years and 3 months old. I actually entered on July 21, 2020, and I am currently 30 years old. I have only received a... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 8, 2025

If you entered the U.S. at age 25 and 3 months, you were still within the Selective Service registration window (which ends at age 26). If you didn’t register and were required to, USCIS may ask for an explanation. However, if you actually entered after turning 26, then you were not required to... View More

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3 Answers | Asked in Immigration Law and Family Law for Massachusetts on
Q: Could marrying my undocumented boyfriend cause negative immigration consequences?

I am a U.S. citizen and have lived here for 34 years. My boyfriend has been living in the U.S. for 22 years without any immigration issues; he entered without inspection and did not go through the system. We are considering getting married, but I am worried that marrying him might flag him as... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 16, 2025

If your boyfriend entered the United States without inspection, then you will not be able to sponsor him as a US citizen spouse. He will have to qualify for a waiver of an admissibility and exit the United States to have his interview overseas in his native country.

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: How can I access my husband's previous green card application history for my own application?

I'm seeking information about my husband's previous marriage-based green card application history to ensure I'm on the right page when filing for my own green card. What steps should I take to access this information, and is filing a FOIA request necessary?

Stephen Arnold Black
Stephen Arnold Black
answered on May 16, 2025

Yes, you can file a freedom of information act request, also known as FOIA.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can a daughter on F1 visa be a caregiver for sibling in Boston without affecting her immigration status?

Can my adult daughter, who is on an F1 student visa, serve as a caregiver for my 17-year-old daughter, a US citizen, while living in Boston, MA? My adult daughter has completed her studies and is currently employed under Optional Practical Training. Her caregiving duties would primarily involve... View More

James L. Arrasmith
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answered on May 7, 2025

Your adult daughter's immigration status may be at risk if she takes on formal caregiving responsibilities while on OPT. F-1 visa holders must maintain their primary purpose of being in the United States, which is to study and complete their authorized practical training. While she has... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Clarifications on document submission for Spanish student visa application at Boston Consulate.

I'm applying for a Spanish student visa at the Boston Consulate with BLS and need clarifications regarding document submission. Do all documents need to be issued in Spanish, and is there any risk in submitting electronic documents printed as originals, particularly for medical certifications?... View More

James L. Arrasmith
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answered on May 7, 2025

For document language requirements, many key documents must be submitted in Spanish. The acceptance letter from your Spanish institution must be in Spanish, and for applicants staying a full academic year, medical certificates must also be in Spanish. If your medical certificate is not already in... View More

1 Answer | Asked in Immigration Law and Family Law for Massachusetts on
Q: Can an F1 student legally be a caregiver for a US citizen minor in MA?

Can my adult daughter, who is on an F1 student visa and legally residing in the US, serve as a caregiver for my 17-year-old daughter, who is a US citizen? Both daughters plan to move to Boston, MA, with the caregiving arrangement expected to last for one year. There will be no conflict with my... View More

James L. Arrasmith
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answered on May 1, 2025

Your question touches on the intersection of immigration regulations and Massachusetts state law regarding caregiving arrangements. This requires careful analysis of both areas.

F1 visa regulations impose specific restrictions on employment and activities for international students. F1...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: When to hire an immigration lawyer for expediting step-children's I-130 in crisis?

I filed I-130 petitions for my step-children in Nigeria on April 4, 2025, and received Form I-797C, Notice of Action, on April 9, 2025, confirming they are being processed. My step-children’s mother and aunt, who lived with them, have both passed away unexpectedly, and we have her death... View More

James L. Arrasmith
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answered on Apr 24, 2025

Given the tragic loss of your step-children's mother and aunt in Nigeria, coupled with the deteriorating security situation involving increased kidnapping incidents, you should consider engaging legal counsel immediately to request expedited processing of the I-130 petitions. The U.S.... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I submit Form N-400 before spouse's 3-year citizenship anniversary?

I received my permanent resident status on 11/3/2020, and my spouse became a US citizen on 08/08/2022. I have been living in the USA since receiving my green card, with only brief trips outside the country, all less than a month. I am employed full-time and have a PhD from my country of origin. My... View More

James L. Arrasmith
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answered on Apr 24, 2025

Based on the information you've provided, you are eligible to apply for naturalization under the 3-year rule for spouses of U.S. citizens. Since your spouse became a citizen on August 8, 2022, your 3-year period would complete on August 8, 2025.

You can indeed submit your Form N-400...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Will my future child be eligible for U.S. citizenship at birth given my and my parents' residency history?

I am a U.S. citizen who lived in the U.S. for 10 years, all of which were before I turned 14. I am married to a non-U.S. citizen, and we currently reside in the UAE. I visit the U.S. every year or every other year. My American parents both lived in the U.S. for 15 years – all of those years were... View More

Nahirobi Altagracia Peguero Luciano
Nahirobi Altagracia Peguero Luciano
answered on Apr 18, 2025

Your future child will not automatically become a U.S. citizen at birth because you do not meet the physical presence requirement. However, since your parents are U.S. citizens, who lived in the U.S. for 15 years after age 18, you can apply for your future child’s citizenship after his birth and... View More

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1 Answer | Asked in Immigration Law, Criminal Law and Traffic Tickets for Massachusetts on
Q: Concerned about naturalization application issues relating to past criminal trespass and speeding violations.

I am applying for naturalization (N-400) and I'm concerned about a few issues. In 2014, I was involved in criminal trespass in the third degree in Alabama, which was discharged with "dismissal on costs" totaling $328.00 plus a $100 bonding fee. In 2019, I received a speeding... View More

James L. Arrasmith
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answered on Apr 16, 2025

You do not need to withdraw your naturalization application based on these incidents alone. U.S. Citizenship and Immigration Services (USCIS) looks at your overall moral character during the statutory period—typically the five years leading up to your application. Minor traffic violations, such... View More

2 Answers | Asked in Immigration Law for Massachusetts on
Q: How to terminate a U.S. removal case from Canada?

I have a past removal case in the U.S. (Boston Immigration Court), but I no longer live in the U.S. I'm currently a protected person in Canada and have no plans to return or seek immigration status in the U.S. How can I formally request termination of my U.S. removal case? Do I need to file a... View More

Monica E Rottermann
Monica E Rottermann
answered on Apr 13, 2025

Yes, you would have to file a motion to terminate with the immigration court and also serve the motion on the Department of Homeland Security along with your evidence. You should be aware though that despite no longer being in the United States, case law does allow the judge to issue a removal... View More

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1 Answer | Asked in Immigration Law and Employment Law for Massachusetts on
Q: Can I do additional door-to-door window cleaning work on a J-1 visa in Massachusetts?

I have been approved to participate in the Summer Work and Travel Program on a J-1 visa, with a confirmed job as a grocery clerk. I am considering doing additional door-to-door window cleaning work while in the U.S. Do I need special approval for this additional job to ensure compliance with my... View More

James L. Arrasmith
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answered on Apr 5, 2025

If you're in the U.S. on a J-1 visa through the Summer Work and Travel Program, your work options are limited to the job that was pre-approved and listed on your DS-2019 form. That means you're only authorized to work as a grocery clerk, as that's the position tied to your visa... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Will I fall out of status if my H-1B isn't approved by October 11th when my L2S visa expires?

I am currently in the U.S. on an L2S visa, and I am working for a company. My work status is set to expire on October 11th, 2025. I was selected for the H-1B cap this year (2026), and my company will be filing the petition soon. They will process it as a change of status and will use premium... View More

James L. Arrasmith
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answered on Apr 5, 2025

If your L2S status expires on October 11th and your H-1B change of status petition isn’t approved by that date, you would be out of status starting October 12th. Filing the H-1B petition before your current status expires doesn’t automatically let you stay past the expiration unless it's... View More

1 Answer | Asked in Immigration Law, Child Custody, Civil Rights and Family Law for Massachusetts on
Q: Seeking legal protection and custody advice in unstable marriage due to threats and racial hostility.

I am a Nigerian immigrant with a 10-year green card expiring in 2033, married to an American citizen, and the father of a nearly two-year-old son. My marriage has become unstable, marked by my spouse's threats to expel me from our home, including one real incident. Additionally, I face racial... View More

James L. Arrasmith
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answered on Apr 5, 2025

First, your safety and your child's well-being come first. If your spouse is threatening you or has forced you out of your home, you can contact local authorities or a family court to seek a protective order. This can help prevent future incidents and give you legal grounds to stay in the home... View More

2 Answers | Asked in Immigration Law and Traffic Tickets for Massachusetts on
Q: Can an undocumented immigrant be deported for driving without a license in Massachusetts?

As an undocumented immigrant, is there a risk of deportation if I go to court for a fine due to driving without a license? My court date is scheduled for April 8, 2025, but I am afraid of the potential consequences.

Lissa McKinney
Lissa McKinney
answered on Mar 24, 2025

Well, no one can guarantee that they wont be in the building, but ordinarily an immigrant would not be deported for a misdemeanor motor vehicle offense. It might matter what Court you are going to- it is possible Ice is more in attendance at larger busier courts....they can't be everywhere.... View More

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1 Answer | Asked in Immigration Law, Landlord - Tenant and Domestic Violence for Massachusetts on
Q: Concern about immigration status after terminated temporary harassment order in MA.

I am an international student with an F-1 visa, and I recently had a temporary harassment prevention order filed against me by my landlord in Massachusetts. The order was based on a one-sided story, and after a hearing, it was terminated after 10 days. I have had no interactions with immigration... View More

James L. Arrasmith
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answered on Mar 20, 2025

A terminated harassment prevention order that lasted only 10 days will likely have minimal impact on your F-1 status. Since the order was dismissed after a hearing, it suggests the claims weren't substantiated, which works in your favor. Immigration authorities are primarily concerned with... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Green card name mismatch – apply for citizenship?

I am currently on a conditional green card, obtained through marriage, and have applied for the I-751 removal of conditions, with the application pending since November 2023. As I prepared to apply for citizenship using the N-400 form, I noticed that my name is incorrectly listed on my green card,... View More

James L. Arrasmith
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answered on Mar 20, 2025

It's important to address the name discrepancy before submitting your N-400 application. USCIS may see the mismatch as a potential issue, which could cause delays in your naturalization process. Since your I-751 is still pending, you have an opportunity to request a correction before moving... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Will I face re-entry issues to the US as a green card holder?

I am a green card holder for over 6 years with no criminal history. I plan to travel to Paris this April. I have not received any notices or requests from USCIS regarding my green card status, but I'm worried that I might not be able to re-enter the U.S. due to administrative changes. Could I... View More

James L. Arrasmith
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answered on Mar 20, 2025

As a green card holder for over six years with no criminal history, you should generally have no issues re-entering the U.S. after your trip to Paris. U.S. Customs and Border Protection (CBP) officers may ask about the purpose and length of your trip, but as long as you have not been outside the... View More

2 Answers | Asked in Adoption and Immigration Law for Massachusetts on
Q: Is a child from Haiti at risk of deportation if living in MA for 4 years without status?

I know a child from Haiti who has been living in the U.S. for four years and is currently under the guardianship of a U.S. citizen, but the child does not have citizenship. The child is 12 years old, and no legal action or application has been filed to adjust their immigration status. Is the child... View More

Ismail Mohammed
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answered on Mar 6, 2025

Hello,

If the minor child is out of status, Immigration and Customs Enforcement can initiate removal proceedings against them. Has the US citizen guardian considered adopting the child?

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can marrying a U.S. citizen affect my IR2 green card status and path to citizenship?

I have an IR2 green card, which I obtained through my step-dad bringing me to the U.S. It's been three years since I received it. I'm considering marrying a U.S. citizen and would like to know if this marriage will affect my legal status or any conditions of my current green card.... View More

James L. Arrasmith
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answered on Mar 9, 2025

Your IR2 green card status, obtained through your stepfather, typically doesn't carry conditions related to marriage, unlike certain other family-based green cards. Since you've already held your IR2 green card for three years, getting married to a U.S. citizen will not negatively impact... View More

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