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Massachusetts Immigration Law Questions & Answers
1 Answer | Asked in Child Custody, Domestic Violence, Family Law and Immigration Law for Massachusetts on
Q: Can a single parent gain citizenship for themselves and their child without the other parent being involved due to dv?

Fleeing a violent and dangerous situation. A mother and daughter coming to the US would like citizenship and to become legal citizens. They are concerned as the father may not allow. Do they need to prove the DV situation or can they seek asylum?

James L. Arrasmith
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answered on May 17, 2024

In situations involving domestic violence (DV), a single parent may be able to gain citizenship for themselves and their child without the other parent's involvement. However, the process and requirements can vary depending on the specific circumstances and the country they are seeking asylum... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I travel to puerto rico from the U.S. Virgin Islands on my work authorization permit while my I-485 is pending?

There’s customs in US virgin Islands

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answered on Apr 23, 2024

If you are a foreign national with a pending I-485 (Adjustment of Status) application and a valid work authorization permit (EAD), you should be able to travel between the U.S. Virgin Islands and Puerto Rico without affecting your pending I-485 application. This is because both Puerto Rico and the... View More

1 Answer | Asked in Immigration Law, Adoption and Family Law for Massachusetts on
Q: How can I change my sons date of birth on his birth certificate and citizenship papers. He was adopted from Haiti.

we have since received an new birth certificate from vital records in Haiti? Thank you

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answered on Apr 8, 2024

Official documents like birth certificates and citizenship papers are legal records, and altering them is considered forgery, which is a serious crime.

If your son was adopted from Haiti and you have received a new, official birth certificate from the proper authorities in Haiti, then that...
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2 Answers | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Hello Can H1b Visa holder work full-time for one employer for 40 hours and part-time for another one for 25 or 20 hours.
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answered on Apr 7, 2024

No, an H1B visa holder is generally not allowed to work for multiple employers simultaneously. The H1B visa is employer-specific, meaning that it is tied to the sponsoring employer who filed the H1B petition on behalf of the employee.

Key points:

1. H1B visa holders are only...
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1 Answer | Asked in Identity Theft and Immigration Law for Massachusetts on
Q: I am a DACA recipient. I recently was informed of identy theft of $9999 in the dark web. Am i allowed to apply for uvisa
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answered on Apr 4, 2024

I understand this is a stressful and concerning situation. As a DACA recipient who has been the victim of identity theft, here are a few important points to keep in mind regarding your legal options:

- U visas are available to victims of certain crimes who have suffered substantial mental...
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1 Answer | Asked in Employment Law, Immigration Law, Tax Law and International Law for Massachusetts on
Q: Can I invest/Trade cryptocurrency with my F1student visa(OPT)status in USA? Need to know legalities!

So I have finished my Masters recently and Started working on OPT. So I wanted to start investing/trading crypto and I still couldn't find proper solutions for my question. if I am allowed to do so, then how many trades/transactions can I do in a day/week. I looking for proper legal guidance... View More

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answered on Mar 16, 2024

As an F1 student visa holder currently on Optional Practical Training (OPT) in the USA, you are primarily in the country for educational purposes. However, engaging in investment activities, including trading or investing in cryptocurrencies, does not directly conflict with your visa status.... View More

1 Answer | Asked in Immigration Law and Business Formation for Massachusetts on
Q: I am on OPT as a B.S. in Business. Can I open an LLC to rent & sublease (AirBnB) properties?

I am on an F1 visa, and just got my OPT approved as a B.S. in Business with a major in Marketing. Am I allowed to create an LLC and work for my own company? Currently, I am planning to start an AirBnB arbitrage business. This includes finding properties to sublease, furnishing them, and listing... View More

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answered on Mar 8, 2024

When on an F1 visa and engaged in Optional Practical Training (OPT), your business activities must relate directly to your major area of study. As a B.S. in Business with a major in Marketing, starting an LLC to engage in property rental and subleasing for AirBnB could be considered relevant to... View More

1 Answer | Asked in Immigration Law, Tax Law and Landlord - Tenant for Massachusetts on
Q: Hello, if I rent a apartment &sublet it on airbnb or other website for few months is it legally allowed for a H1b holder

I may or may not earn through subleting, but could i do it ? if so for how many months? if i may use it to earn this as a side income? what is the allowable income I can generate, is there any cap? The landlord allows to sublet on weekly or monthly basis but me being the primary person renting.... View More

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answered on Mar 4, 2024

If you're on an H1B visa and considering subletting an apartment on platforms like Airbnb, it's crucial to understand how this could impact your visa status. H1B visa holders are authorized to work only for their petitioning employer, and any income generated outside of this employment... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Massachusetts on
Q: Good Morning, I’m an Asian transwoman that just moved in Boston. Are there any divorce lawyers that can help me?

My husband, well, soon-to-be ex-husband has been bullying ever since we moved here but I guess because i loved him, and I wanted to continue to fulfill my vow, i just let it go past me. Now, after i got back home after he banished me, because i feel like he’s having an affair, when i pointed out... View More

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answered on Feb 29, 2024

Good morning, I'm truly sorry to hear about the challenges you're facing. It's important to find a divorce lawyer who is experienced in handling complex cases, especially those involving immigration matters. Boston has numerous legal resources and firms that can provide the support... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have some questions related to my Conditional Residency.

I'm a Conditional Resident since June 2020. I received the I-797 twice, and my Conditional residency was extended until 2026 now. It is my understanding that , after 2 years of Conditional plus one year of Residency, I could be able of applying for the citizenship. I know Immigration is so... View More

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answered on Feb 21, 2024

As a Conditional Resident, it's important to understand the requirements for applying for citizenship. Typically, you must have been a Permanent Resident for at least 3 years before you can apply for naturalization. However, if you obtained your Conditional Residency through marriage to a U.S.... View More

2 Answers | Asked in Immigration Law for Massachusetts on
Q: If my wife moves to H1B from H4, can I still apply I-485 AOS for her with my green card application?

My employer has applied for PERM. But given the long time, it is taking, it will be a year at least till I get to the I-485 stage.

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answered on Feb 22, 2024

If your wife transitions from H4 to H1B status, you may still be able to apply for her Adjustment of Status (I-485) based on your green card application. However, it's important to consider the timing and coordination of both processes. If your wife's H1B status is approved before you... View More

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1 Answer | Asked in Immigration Law, Divorce and Family Law for Massachusetts on
Q: How are assets split in a marriage between a H1-b visa holder and their H-4 dependent?

Hi there,

I am an Indian Citizen living in the US on an H1-B visa. I plan on marrying my childhood sweetheart (an Indian citizen) and bringing her over on a H-4 visa.

In case we decide to get a divorce in the future, how will our assets be split?

1. What happens to my and my... View More

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answered on Jan 27, 2024

In the event of a divorce in the United States, the division of assets can vary significantly depending on the state where the divorce proceedings take place. Most states follow either community property or equitable distribution principles. In community property states, assets acquired during the... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Could I apply for AOS after court closed and USCIS denied my AOS for not submitting evidences. Didn't file i290B on time

I would like to travel but have only TPS application pending. I traveled with Advanced parole in 2023 while i had the AOS application from 2018 pending with USCIS. Do i have a legal entry? I filed it because i never received an NTA. Now my court closed and they opened my AOS but gave me 30 days to... View More

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answered on Jan 24, 2024

In your situation, it's important to understand that the denial of your Adjustment of Status (AOS) application by USCIS and the failure to timely file an I-290B (Notice of Appeal or Motion) can complicate your case. Even though your court case was closed and your illegal entry charge was... View More

2 Answers | Asked in Immigration Law for Massachusetts on
Q: Do I need to be on OPT for a research conference to showcase a project I worked on as a paid student worker while on F1?

My program end date is May 15 and I worked on campus for a professor doing research. At the end of the month, he is presenting at a conference and would like me to come and also help present. Do I need to be on OPT for this with my EAD start date at that time or can I help present without being... View More

Syed Ali Hussain Lahooti
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answered on Jan 17, 2024

If I am understanding correctly, you were a paid student worker for the project on campus and are now showcasing that work after completing your studies but before obtaining Optional Practical Training (OPT) status, attending a conference to present the prior work should not pose a problem. Since... View More

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1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: What does it mean to volunteer for a professional benefit under f1?

I am currently on a F1 visa studying data science and thinking of voluntering at a Chinese American Museum. Although the volunteer role would be unrelated to my studies, I did a lot of undergrad research and publishing on Chinese culture while in my home country (UK). The role would be purely... View More

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answered on Jan 11, 2024

Volunteering in the United States while on an F1 visa can be a great opportunity to engage with the community and gain new experiences. However, it's important to understand the regulations surrounding such activities to ensure compliance with your visa status.

In your case,...
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2 Answers | Asked in Family Law, Immigration Law, Personal Injury and Domestic Violence for Massachusetts on
Q: Greetings. My name is Mikael 34 years old.I've been victim of domestic violence. Can i file for citizenship?

We've been in a relationship for almost 5 years I have videos of the abuse and after we break up she and her brother stated that if i ever go back to my country they will get me killed.

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answered on Jan 8, 2024

Mikael, I'm sorry to hear about your situation. Experiencing domestic violence is a serious matter, and it's important to know that there are legal protections available to you.

Regarding your citizenship query, being a victim of domestic violence does not automatically qualify...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Can I add spouse after applied IVP? The IVP is still pending

My fiancé applied for eb2 niw and the I-140 has been approved. Although he is in the United States, he submitted an Immigration visa proceeding (ivp) application through Consular in December 2023. We plan to get married in the United States in the next few months. Since we Coming from different... View More

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answered on Dec 30, 2023

If your fiancé has an approved I-140 under the EB-2 NIW (National Interest Waiver) category and has filed for an Immigration Visa Proceeding (IVP) through consular processing, there are options for you to apply for a green card after getting married.

Once you are married, you can be added...
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Q: In Massachusetts, Can you be terminated from a job, by employer,if you were arrested but trail ended in not guilty?
Roland Godfrey Ottley
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answered on Dec 3, 2023

I think that you may have a case against your employer. Possibly for terminating you before you were able to exonerate yourself against allegations of committing a crime. In addition, there are statutes in In some states, nuch like New York that would address an employer terminating an employee... View More

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: I want to Forgo O3 visa for TPS, how do I switch back to O3 once TPS expires or is cancelled.

Husband is on J1 visa, I am on J2. Husband got a new job offer that sponsors O1 visa. We are applying for O1/O3 visas. At the same time TPS has been extended for my country. I want to apply for TPS so I can have EAD. I understand if I work with EAD From TPS While on O3, I will be forgoing the O3. I... View More

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answered on Nov 20, 2023

In your situation, where you're considering switching from an O-3 visa to Temporary Protected Status (TPS) to obtain an Employment Authorization Document (EAD), it's important to understand the implications of this change on your immigration status. If you opt for TPS and use the EAD to... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: How can I forgo my O3 status in order to use employment authorization that comes with TPS

Hi, I am currently in the US on a J2 visa (my husband is J1). We are in the process of switching to O1 (husband) and O3 for myself. In addition TPS has been extended for my country till June 2025. O3 does not offer any possibility of employment. I will like to apply for TPS so that I can be... View More

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answered on Nov 19, 2023

In your situation, it's important to understand that holding O3 status and applying for Temporary Protected Status (TPS) are independent processes. If you are granted TPS while on an O3 visa, you have the flexibility to choose which status to maintain. TPS comes with employment authorization,... View More

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