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Massachusetts Immigration Law Questions & Answers
0 Answers | Asked in Immigration Law for Massachusetts on
Q: Are J-1 home country requirements applied even if you don't enter the country on a J-1? Please see detailed explanation.

I'm hoping to go the the USA to do a postdoc as an L2 (L1-B dependent) or on a J-1 visa. My hesitation with the J-1 visa is that it has the two-year home country requirement. We are facing some time contraints so I'm thinking about applying for both simultaneously (to avoid delays in case... Read more »

2 Answers | Asked in Immigration Law for Massachusetts on
Q: Is there a way to get a work permit without leaving the US if I entered with a tourist visa?

I studied architecture finished all courses but never got my degree, I gained 5 years of experience on an specific field in Mexico. I’m currently in the US, fell in love with someone and would not want to risk having to leave the US to complete a process for a work visa to work in my field.

Giselle M. Rodriguez
Giselle M. Rodriguez answered on May 3, 2022

Good Morning:

Is the person you fell in love with in the United States a U.S. Citizen or legal permanent resident (green card holder)?

As long as you had the intention of returning to your country of origin during your recent entry into the U.S. with the tourist visa you may...
Read more »

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0 Answers | Asked in Immigration Law and Adoption for Massachusetts on
Q: I’d like to make enquiry on filing for my adopted child from another country, all documentation complete

I’d like to file for my adopted child to come live with me in the U.S, what would be the process to start. All paperwork is finalized in the country of adoption. Child is 17 years old. But will turn 18 in 5 months time.

0 Answers | Asked in Immigration Law for Massachusetts on
Q: I came to the US at the end of last year. Crossed the border Mexico USA. At the border, I asked for political asylum. I

I came to the US at the end of last year. Crossed the border Mexico USA. At the border, I asked for political asylum. I haven't filed any forms yet, I haven't submitted a 589. My trial has been moved to a date that is outside of the date I can apply for political asylum.

i can... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have a friend who is US naturalized citizen. He wants to bring his son here as a US citizen. How long would that take?

He may have done something, but I don't know yet. By the way, he's from GHANA. A friend is going to Ghana, and he wants to find out whether a form needs to be completed to be sent to the son? What are the required forms to be completed by both the father and the son? And how long does... Read more »

Agnes Jury
Agnes Jury answered on Mar 20, 2022

He would start by filing form I-130 with USCIS (see: www.uscis.gov). Your/your friend's questions would be answered best by doing a consultation with an experienced immigration attorney. You can find one here on Justia.com, Avvo.com or AILA.org. If your friend can't find an attorney to do... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My n400 got denied and I need some more advice

I applied for n400 about a year ago and got denied on grounds of not being in the same state with my husband. We were both in school then. Now graduated and living together happily and wanting to reapply again. Any advice will be great

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Mar 2, 2022

You may reapply for naturalization in the United States filing a new form N-400 but I strongly suggest you do not do it on your own and consult to fill out prepared the form and submit all the bona fide proofs of your current marriage with a licensed Immigration Attorney.

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Massachusetts on
Q: Can your tourist visa be taken away if you stay 4 months in the United States?
Giselle M. Rodriguez
Giselle M. Rodriguez answered on Feb 26, 2022

Good Afternoon:

This depends on your individual circumstances and on your immigration history.

In general, the period of authorized stay in the United States on a tourist visa is 6 months, but always verify the actual stamp on your passport because it is there where you will be...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: You I am on STEM opt cap gap, can I transfer H1B visa before October 1??? Provided I get H1B approval notice in may???
Duo Liu
Duo Liu answered on Feb 22, 2022

This is not an accurate question. You need to provide more facts to get an answer. In order to get an answer for you, I may ask 1) has the H1B been filed? If so, when was it filed? If not, when will it be filed? 2) Is premium processing required for the H1B petition? 3) What date was put as... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can a veterinarian on a j2 visa volunteer in an animal shelter without work permit
Duo Liu
Duo Liu answered on Feb 21, 2022

It depends, but most likely the answer is yes.

Employment authorization may not be required when the work performed can be considered volunteering as defined by the USCIS. J-2 dependents cannot be unpaid volunteers in positions where others receive compensation to perform the same services....
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: My sister i-130 priority date is 10/18/2011. Can a lawyer help to find out the case status? Thank you!
Giselle M. Rodriguez
Giselle M. Rodriguez answered on Jan 19, 2022

Hi - thank you for your question. The case status would depend on who petitioned for your sister and the country.

The below links might be helpful for you:

1. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-january-2022.html...
Read more »

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: renewing EAD under C8 category pending asylum?

Hi, I'm renewing EAD under C8 category pending asylum and noticed there are two fees $410 plus $85 biometric, should I send two checks/ money order or only one?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 5, 2022

It is recommended send two separate checks: make one payable to the U.S. Department of Homeland Security form I-765 for $410 and another one for eighty five dollars for biometrics. If the USCIS captures the biometrics from its database then it would return the second check to the Applicant.

4 Answers | Asked in Immigration Law for Massachusetts on
Q: K1 home situation

Hi, I have some doubts on the address that I need to put on the ds 160. My fiancee is currently living in a room and is looking for a 1bedroom apartment for us. I wanted to know what does the interview officier need to know? Would I be able to live with her in the room or should she immediatly get... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 4, 2021

As long as your immigration case is credible you have nothing to worry about, issues may arise when parties began fabricating things for immigration purposes.

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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.

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