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Massachusetts Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Massachusetts on
Q: What are the requirements to sponsor my wife from China, came to the U.S. Via J2, currently under Asylum.

Sponsor for, green card, citizenship, work permit, does the 3 years of marriage have to pass before applying?

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 5, 2023

A United States citizen can sponsor a foreign national who entered the country with a visa. This is so even though your spouse may be out of status. However, if she entered with a J visa, she may be subject to the 2 year home residence requirement. You should work with an attorney.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: What are the requirements to sponsor my wife for her green card, work permit or citizenship, are they different?

Is the 1st requirement, that prior to any application you be married for 3 years?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Jun 5, 2023

It depends on where she is and how she came

To the US if she’s here. Please hire an immigration lawyer.

3 Answers | Asked in Immigration Law for Massachusetts on
Q: what are the requirements to sponsor my wife, for her eventual citizenship? is is different for her children?

what are the sponsors financial requirements, is there another option besides tax returns to provide income documentation?

Giselle M. Rodriguez
Giselle M. Rodriguez
answered on May 23, 2023

Thanks for your question!

The requirements to sponsor your wife vary depending on whether you are looking at completing the adjustment of status process or the consular processing routes.

Other financial documentation includes paystubs, W-2’s or 1099’s (If applicable); Employer...
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0 Answers | Asked in Immigration Law for Massachusetts on
Q: Do I have to pay visa transfer fee after getting my H1B transfer?

I signed the offer letter stating that I will be liable for the H1B visa transfer fee if the visa has been transferred and I would not join. Do I have to pay the fee? They gave me the quote of $8k.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hello , I want to file a petition for my mother and my sister who is 39 however she is under the trysomy 21 down syndro

my sister is dependant on my mother ,mom can't take care of her because of mom medical situation

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

While you can sponsor your mother for a green card if you are a US citizen, if you sponsor your sister, the waiting time for a green card is over 10 years. Please see

https://www.shusterman.com/green-cards-for-parents/

and

https://www.shusterman.com/green-cards-for-brothers-and-sisters/

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have O3 visa & we got I140 approval for EB1B. Can I independently apply 4 O1 as priority dates aren’t current for GC?
James L. Arrasmith
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answered on Mar 2, 2023

As an O-3 visa holder, you may be eligible to apply for an O-1 visa if you meet the eligibility criteria for the O-1 category. The O-1 visa is a nonimmigrant visa category for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: i arrived to US last month with B2 visa. i want to change my visa to green card. my sister is Citizen can she request?
James L. Arrasmith
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answered on Feb 23, 2023

If you arrived in the US on a B2 visa and wish to obtain a green card, you may be eligible to do so through a family-based immigration process if you have a qualifying family member who is a US citizen or lawful permanent resident.

If your sister is a US citizen and at least 21 years old,...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: When I can Apply for citizenship, is it 5 years from the date of issue of my Greencard or from the asylum approval date?
James L. Arrasmith
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answered on Feb 25, 2023

The five-year period for eligibility to apply for U.S. citizenship starts from the date that you became a lawful permanent resident (LPR) and received your green card. This is typically the date on which the green card was issued, which can be found on the front of the card.

If you received...
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2 Answers | Asked in Immigration Law and Adoption for Massachusetts on
Q: Hello, Im over 21 and I was wondering if it’s possible for me to be adopted to get citizenship!
James L. Arrasmith
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answered on Mar 2, 2023

It is possible for an adult to be adopted in order to obtain citizenship, but the process can be complicated and there are specific requirements that must be met.

In general, an adoption for immigration purposes must be a full and final adoption, meaning that it terminates the legal...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: I filed an i130 for my French husband in March, still waiting wondering if there is anyway he can stay in the Us

We wanted to know if there is anyway he can stay in the US while this is pending. He travels back and forth for 3 months at a time but it’s becoming costly at this point. We are also planning our big family wedding in June since when we got married in jan of 2022 it was during Covid.

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 30, 2023

Filing only the I-130 petition for your husband will not be enough for him to remain in the United States while the petition is pending. To allow him to stay, you must also file an I-485 application for adjustment of status.

If you are a U.S. citizen, filing the I-485 application for...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: hi, i gave asylum and i won green card but i don't know where to give the documents given to me i don't know how to get
Ana S. Mendieta
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Ana S. Mendieta
answered on Nov 17, 2022

Dear writer, I strongly suggest you contact an immigration attorney in your locality or go to a legal aid office for further assistance in obtaining your green card based on asylee status.

On the internet I found this information. I do really hope this helps you.

Catholic...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: My girlfriend and I currently want to get married. She is twice divorced She is an American she can help me to my green

I’m in asylum process she help to get papers to previous husbands

Giselle M. Rodriguez
Giselle M. Rodriguez
answered on Oct 19, 2022

Hi - Thank you for your question!

Generally, the asylum process could take years to get to the final stage. If eventually, you do in fact get married, you should maybe consider the marriage-immigration process. However, I would have to ask a few follow-up questions regarding your entry and...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: I’m petitioning my mom.she had an expedited removal 10 years ago.Do I have to submit additional info with form I-I30?

She was removed at the border under 7AiI and prohibited to enter US for 5 years. She has remained in her home country and it has been 10 years since incident. Do I need to include additional information/evidence before submitting form? It is my understanding that I-I30 is only to establish... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Aug 24, 2022

You will need to provide the information requested on the I-130 related to removal proceedings but you should not need to submit any documents. Once the case gets to NVC you will likely be asked for the documents.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: First MCH was in 2011. Then few individual hearings but didn't call. Now get again MCH this month after 11 years.

CR1 thr marriage. ,I 751 denied in 2011. Applied in court for judge to review. Letter of notice of master calendar hearing in removal proceedings.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 14, 2022

What is the reason you do not retain a local immigration counsel to review the I-751 denial and assess your removal case de novo?

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Small spelling mismatch in mother's passport [US citizen immediate relative green card application]

Hello! My mother's current passport has a small spelling mistake (an extra character added to last name). She has already used this passport and traveled to the US with it. Before applying for her green card, we will try to amend the mistake and get her a new passport issued with the correct... Read more »

Giselle M. Rodriguez
Giselle M. Rodriguez
answered on Jul 29, 2022

Hi - Thank you for your case description and for explaining your concerns.

Most USCIS forms have a section/question where it asks whether the applicant has used other names in the past or at present - That may be a good starting point for you in disclosing that.

With regard to...
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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...
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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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