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Massachusetts Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Massachusetts on
Q: I am a U.S. citizen seeking to apply for a green card for my unmarried adult son, How is expected timeline for this?

I am a U.S. citizen seeking to apply for a green card for my unmarried adult son, who currently resides in Iran. I would appreciate your guidance on the application process, including expected timelines, documentation requirements, and any country-specific considerations for Iranian applicants.

James L. Arrasmith
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answered on Nov 15, 2024

As a U.S. citizen, you can petition for your unmarried adult son (over 21) using Form I-130, which falls under the Family First Preference (F1) category. This is an essential first step in the green card process.

Currently, due to visa bulletin backlogs for the F1 category, applicants from...
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1 Answer | Asked in Immigration Law and Employment Discrimination for Massachusetts on
Q: Hello there, I’m an h2b worker with an end date of Oct 31 st . I was in the process of getting a winter with extension

With a company I’ve work with before they assure me that everything is good and I don’t need to seek employment elsewhere however a few days ago they’re saying it wouldn’t be possible to get a extension with my end date and they had this information for over 3 months . I’ve been reaching... View More

James L. Arrasmith
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answered on Oct 30, 2024

I'm sorry you're going through this challenging situation. Start by collecting all your emails, messages, and any agreements you had with the company about the extension. This documentation will be crucial if you need to take further action.

Next, try to reach out to higher-ups in...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: My Fiancé got deported 7 years ago for trying to come into the United States illegally. I’m a us citizen born in America

Can I petition for him for him to come live with me in USA?

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answered on Sep 26, 2024

You can petition for your fiancé, but his previous deportation for attempting to enter the U.S. illegally will complicate the process. Since he was deported, he may be subject to a bar from reentering the U.S., which could last for 10 years or longer depending on his specific situation. To move... View More

2 Answers | Asked in Immigration Law and International Law for Massachusetts on
Q: Filed I-130 for Sister. But while waiting, she had kids, who were never added to the Petition before it got Approved.

We are in the US, My Naturalized US Citizen wife filed I-130 petitions individually for her two Sisters to come to USA from the Philippines. It took 20 years, but they both just got Approved. But during the 20 years, one Sisters had children, and the other got married and had children. These... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 1, 2024

The spouse and children can be included in the immigrant visa application. Visa processing fee will be paid for every applicant. Contact directly and in private as this is a public forum. Salamat po.

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1 Answer | Asked in Business Formation, Business Law and Immigration Law for Massachusetts on
Q: Open the business bank account on an F1 visa

Can I open the business bank account for a c corporation if I am appointed as the treasurer who is only responsible for document signing, opening bank account and no operational activities. I will own nothing of the company and not take part in the day to day operations. I am on an F1 visa and... View More

James L. Arrasmith
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answered on Aug 30, 2024

Opening a business bank account as a treasurer on an F1 visa involves navigating certain immigration regulations. Generally, F1 visa holders are restricted from engaging in unauthorized employment, and this can extend to certain activities related to business entities. Even if you are not an owner... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hi, I'm married to a US citizen but lived in Europe. If I get an European scholarship for postdoc, can I still apply J1?

My spouse is a freelancer living in the US. And I'm currently an immigration in Europe, planning to apply for permanent resident in Europe when my current one expires, which will be after I get the scholarship. Will the J1 still be possible? I plan to go back Europe after postdoc, so I... View More

James L. Arrasmith
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answered on Aug 16, 2024

You can still apply for a J-1 visa even if you receive a European scholarship for your postdoc. The J-1 visa is designed for temporary exchange programs, including research, and your intent to return to Europe after your postdoc is consistent with the visa's non-immigrant purpose. Your... View More

1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: What is the process for someone who currently lives outside the US but is looking to get an H1B visa to come work here?

Person works in the IT field

James L. Arrasmith
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answered on Jul 26, 2024

To get an H1B visa for working in the IT field in the US, you'll need to follow a few key steps. First, secure a job offer from a US-based employer who is willing to sponsor your visa. This employer must file a Labor Condition Application (LCA) with the Department of Labor to demonstrate that... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have a green card and I left the US,I have been out of America for more than 9 months and my i131 is still pending.
James L. Arrasmith
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answered on Jul 24, 2024

If you have been out of the U.S. for more than 9 months and your I-131 is still pending, it’s important to take immediate action. Being out of the country for such a long period can affect your green card status. You might need to provide a valid reason for your extended absence.

Contact...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: EB1 with an i140 approved, but god forbid if I get laid off, and forced to return to my home country

EB1 with an i140 approved (self-petitioned), but god forbid if I get laid off, and forced to return to my home country (China/India), will I lose my priority date? my priority date won't be current for a few years.

If I'm in the home country for a few years, will I lose my ability... View More

James L. Arrasmith
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answered on Jul 2, 2024

To answer this question accurately, let's break it down into several key points:

1. Priority Date Retention:

Generally, you can retain your priority date from an approved I-140 petition even if you change employers or leave the country. The priority date is typically preserved...
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3 Answers | Asked in Immigration Law for Massachusetts on
Q: I'm a citizen. I want to bring my 25 year old son to the US
Stephen Arnold Black
Stephen Arnold Black
answered on Jun 17, 2024

A US Citizen sponsoring an unmarried 25 year old immigrant would be sponsored outside of the immediate relative category under F1. You should look at the visa bulletin board department of state time table to ascertain the processing speed for your category.

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1 Answer | Asked in Immigration Law, International Law, Family Law and Child Custody for Massachusetts on
Q: Can an International Student get Emancipation in the United States?

I am a 16 year old from Pakistan in the US under a student visa. I study at MIT and currently live on campus in Boston, MA. Can I get Emancipated as my home country Pakistan doesn't have defined laws for emancipation? I have a full time job and I also Invest in Stocks and Shares. I also want... View More

James L. Arrasmith
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answered on Jun 3, 2024

As a 16-year-old international student from Pakistan on a student visa, getting emancipated in the United States can be challenging. Emancipation laws vary by state, and in Massachusetts, where you are studying at MIT, minors can petition for emancipation under certain conditions. You must... View More

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

James L. Arrasmith
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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

James L. Arrasmith
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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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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
James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

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