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Massachusetts Immigration Law Questions & Answers
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

1 Answer | Asked in Constitutional Law, International Law and Immigration Law for Massachusetts on
Q: Can Dominicans born abroad lose citizenship due to treason?

I want to know if Dominicans born abroad to Dominican parents can lose their Dominican citizenship due to treason, or are they immune due to jus sanguinis?

James L. Arrasmith
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answered on Feb 24, 2025

Under Dominican law, if you were born abroad to Dominican parents, you are considered a Dominican citizen by blood (jus sanguinis) and hold a protected status. This status grants you strong constitutional safeguards regarding your citizenship.

The Dominican Constitution makes a clear...
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1 Answer | Asked in Immigration Law and Tax Law for Massachusetts on
Q: Do I need to file IRS tax forms as a Ukrainian humanitarian parolee?

I arrived in the U.S. on September 16, 2024, under the United for Ukraine (Ukrainian Humanitarian Parole) and have been in the U.S. without leaving for 152 days. I have received a Social Security Number and Employment Authorization but have not worked or earned any income in the U.S. I have no... View More

James L. Arrasmith
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answered on Feb 16, 2025

Given your situation as a Ukrainian humanitarian parolee who hasn't earned U.S. income during your stay, you aren't required to file any IRS tax forms for the 2024 tax year since you haven't met the substantial presence test yet.

Your tax obligations will change once you meet...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hello, I just need a little help with some immigration laws

So, I am married to someone who is here on a work visa, but it recently expired, and they are waiting to hear back about the extension of their work visa from USCIS. I just want to know if there is anything we can do or if we should just sit back and wait. We are also in the process of filing for... View More

James L. Arrasmith
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answered on Jan 23, 2025

When your spouse's work visa has expired and you're awaiting an extension decision from USCIS, it's important to know that they may be eligible for a grace period. Typically, some visa categories allow a 60-day grace period during which they can remain in the U.S. without working... View More

3 Answers | Asked in Immigration Law for Massachusetts on
Q: Does H1b Extension of Stay have to be approved for a new employer to apply for Change of Employment?

I am on H1b visa since Oct 2021. My status was going to expire on Sept 30th, 2024. My current employer applied for a Extension of stay and the USCIS sent I-797C receipt notice on August 16th. The case is still pending so I don't have I-797A approval notice. I got a new job and they are filing... View More

Andrew L Wizner
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answered on Jan 9, 2025

USCIS regulations offer the possibility of H-1B portability, meaning that an H-1B worker who is changing employers may start work for the new employer while its petition is in process, provided that the new employer's petition was filed while the H-1B worker is still maintaining status and has... View More

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: I am on F1 OPT working for a legitimate employer for past 6 months. I have a valid EAD, F1 visa, i20 and employment lett

er. I am planning to travel to India in January last week. Will I face any issue on reentry

James L. Arrasmith
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answered on Jan 3, 2025

You have maintained valid status by working for a legitimate employer and holding a valid EAD. Your F1 visa, properly endorsed I-20, and employment letter are typically sufficient for travel. You should confirm that your I-20 has a valid travel signature.

When you arrive at the port of...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Do I qualify for SIJS? My dad promised me citizenship, but put me through emotional and physical abuse. I am Brazilian.

I would like to know if I qualify for SIJS. I am 18 years old, and I was convinced by my father to move to the U.S. a year ago. He promised me citizenship, claiming he would apply for it shortly after my arrival and decision to live in the U.S. However, he took months to apply and subjected me to... View More

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answered on Dec 21, 2024

Based on what you've shared, you may qualify for Special Immigrant Juvenile Status (SIJS). SIJS is designed to help young people under 21 who have suffered abuse, abandonment, or neglect by one or both parents. Your situation involving abuse and unfulfilled promises from your father could be... View More

1 Answer | Asked in Civil Rights and Immigration Law for Massachusetts on
Q: I am a mother of an American child (8 years old).. I need protection for not BE Deported

mother single status students ( passed date do departure ) illegal and involve in domestic violence 2019.

can i get assistance , what i need to do?

James L. Arrasmith
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answered on Dec 19, 2024

Given your situation involving domestic violence and having a U.S. citizen child, you may qualify for immigration relief under VAWA (Violence Against Women Act) or potentially U petition for victims of crimes. Your status as a mother of an American child is also relevant for potential relief... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: i make about $ 10,000 on ssi do i get brake on n400 application fee thanks
James L. Arrasmith
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answered on Dec 18, 2024

Yes, if you receive SSI (Supplemental Security Income) benefits, you may qualify for a fee waiver for the N-400 naturalization application fee.

To request the fee waiver, you'll need to submit Form I-912 (Request for Fee Waiver) along with your N-400 application. Since your annual...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: i have green card can i send finance app to my girl friend back home in iran
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 9, 2024

Only US citizens may file fiance visa petitions

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1 Answer | Asked in Child Custody, Family Law and Immigration Law for Massachusetts on
Q: Motion to get custody and change the supervisor visitation parenting time

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James L. Arrasmith
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answered on Dec 3, 2024

When seeking to modify custody and supervised visitation arrangements in Massachusetts, you'll need to file a modification complaint with the court that issued your original custody order. You'll have to demonstrate that there has been a material change in circumstances since the last... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Immigrant Petition I130 family member. Question on affidavit of support. And child follow on.

I filed for the sister immigrant 20 years ago, she later had children but they were never added before the petition was approved this year. I may try to add them now, but maybe I cannot, So as I must file the Affidavit of support, should I add people under Item Number 2. "Family Members... View More

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answered on Dec 1, 2024

Your financial situation with a combined income of $140K appears sufficient for sponsoring multiple family members, though the exact requirements will depend on the current poverty guidelines and total household size. You should list any potential beneficiaries under Item 2 of the Affidavit of... View More

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