Ask a Question

Get free answers to your Immigration Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Massachusetts Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Massachusetts on
Q: I'm a green card holder, my wife is a F1 student in US. We married BEFORE I got GC, so can we file I-485 for her GC?
Ismail Mohammed
Ismail Mohammed
answered on Nov 6, 2017

Good afternoon,

Thank you for reaching out to me and I am happy to assist you. If you are a permanent resident, you call file for an adjustment of status for your wife. Please consult with an immigration attorney before you do.

Ismail Mohammed

0 Answers | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Can I work on my personal social media while I'm on a L1A visa?

I currently have a L1A visa. I am aware that you aren’t allowed to work/make money from anything else beside the company who sponsored my visa.

I used to be active on my own social media in the country I came from and I would like to carry on working on it here in America during my free... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can my Canadian wife stay in the United States while she waits for her Green Card application?

We are visiting family in the United States and I was offered a job in the US which I would have to start in a few weeks if I accepted as I am not currently working in Canada. I am a US citizen and my wife is a Canadian citizen. We also have a baby that is both US and Canadian citizen. I do not... View More

Myron Morales
Myron Morales
answered on Oct 19, 2017

After she has been in the U.S. for 90 days, you can file a petition to adjust her status from visitor to lawful permanent resident. She can obtain a work and travel permit while the application is pending.

1 Answer | Asked in Contracts, Employment Law and Immigration Law for Massachusetts on
Q: Can a USA employer finance my Masters degree cost for F-1 Visa?

am from Bangladesh. I am graduating this year on December 2017. I am a freelancer and currently working for a USA firm for more than one year, as my BOSS is very happy with my work he wants to finance my Masters degree in the USA. He wants to give me a employee contract letter with 30K or funding... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 12, 2017

Yes. He should sit down with an immigration attorney to go over to process.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have custody of my minor Venezuelan nephew? how can I apply for his legal residency?

My 14 years old nephew is here at the USA (MA) with me with a tourist visa. He is legally allow to stay until December but due to the critical situation in Venezuela we would like for him to stay with us - What do a need to do to get my nephew to stay with a legal status?

Myron Morales
Myron Morales
answered on Oct 4, 2017

If you are a U.S. citizen, then you should consult with an attorney about seeking an adjustment of status to Lawful Permanent Residence on his behalf. They will need to review your legal custody documents to determine if they are sufficient for U.S. immigration purposes before they file.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: if i apply for green card after getting married hw long 2 get temporary green card to stay in us,until i get permanent
Myron Morales
Myron Morales
answered on Sep 14, 2017

If you have been married for less than two years at the time of approval, you will be given conditional residence for two years. How long it takes to get this depends upon the timing at your local office, but on average it takes about six to eight months. In the interim, you can apply for work... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hi there, My husband's interview date is set for mid September however he is currently getting treatment.

Do we have to postone the interview because of this health issue, kidney stones and slight fatty liver. He is currently getting treatment for it.

Thank you

Namita Agarwal
Namita Agarwal
answered on Aug 29, 2017

Yes - if you are unable to attend your scheduled appointment you should reschedule with a written request.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: What will happen to the already filled cases under the Raise Act recently introduced by the president?

For a married son/daughter who already has a case filled, does it mean that, if it indeed the bill passes, they would see their application vanish? What will happen to the waiting line?

Namita Agarwal
Namita Agarwal
answered on Aug 29, 2017

The bill has not been passed so there would be no impact on pending family based immigration petitions.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: How long after my currentdivorce is finalize do i have to wait to marry or get k1 visa petion for my current boyfriend ?

We been together for 2 years & half i didnt get a divorce before because we were not talking but now we did and i want to bring my boyfriend how is it better as fiance or getting married and can i start the pettion right after my divorce is finalized?

Roger Carl Algase
Roger Carl Algase
answered on Jul 10, 2017

After the divorce becomes final, there is no waiting period before filing for a fiance visa or getting married and filing a spouse green card petition. It is important to check with the divorce lawyer to make absolutely sure that the divorce is in fact final and that nothing further needs to be... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Roger Carl Algase, thank you so much for your answer about DS-160 !

Roger Carl Algase, thank you so much for your answer about DS-160 ! Is the question about petitioner's income new ?? I will bring the contract, the copy of pay check ( or I can even bring original pay check ) and invoice as a proof. Do you think is it enough ??

Roger Carl Algase
Roger Carl Algase
answered on Jun 11, 2017

Up until very recently the only documentation from an employer that was normally required at an immigrant visa interview was a simple letter from the employer confirming that the applicant would continue to work in his or her current status after returning to the US. Now, it appears that the visa... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: DS-160 form asks petitioner's monthly income.Is that gross income of his company or how much he gets after he pays us ?

I'm working under O1-B visa and going back to my country for a vacation in summer. So I have to take an interview at consulate and now I'm filling out DS 160 form to apply. DS-160 form ask me about petitioner's monthly income but I don't know if it asks me the gross income of... View More

Roger Carl Algase
Roger Carl Algase
answered on Jun 10, 2017

These sound like "Donald Trump Era" questions. In general, "income" on immigration or visa application forms means gross income, not after tax income. It sounds as if the purpose of the question is to make sure that you will really continue to be working in your O-1 job, and you... View More

1 Answer | Asked in Divorce, Immigration Law and International Law for Massachusetts on
Q: I need a consultation on a few things.

I got married in India under Hindu Marriage Act. I am in USA right now on F1 visa and my husband is on H1B visa. Can I get a divorce in USA?

If yes, would it be valid in India as well?

What’s the process for a mutual divorce in USA for international people?

How much money... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 3, 2017

In Massachusetts if you are residing here with your spouse and the breakdown of the marriage takes place here, then you can commence a Divorce Complaint or have a Joint Petition for divorce here. You do not need to be a citizen to obtain a divorce, but you will need your marriage certificate and it... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My wife has recently obtained her citizenship through Naturalization. Am I eligible to apply for citizenship?

My wife has recently obtained her citizenship through Naturalization. She is an active duty (Reserve but on active duty status since she is in a-school now). We have been married over 5 years and we both obtained our green cards 2 years ago. Now that she is a citizen and a military member, Am I... View More

Ismail Mohammed
Ismail Mohammed
answered on May 8, 2017

Hello,

If your wife is a U.S. Citizen, you can become a permanent resident through her. If you already received your permanent residency five years ago, you are eligible to be become a citizen. Please speak with an experienced attorney.

1 Answer | Asked in DUI / DWI and Immigration Law for Massachusetts on
Q: Question on DUI consequences to H1

Hi,

I am in H1B visa. 2 weeks back I was arrested for DUI with no accidents. My attorney had recommended me for CWOF and I am currently in probation.

This week, I got an offer from a company and it's my dream job too. So If I change the company and the new company apply for... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 15, 2017

Any violation of the law is a violation of the terms of your visa. A DUI is considered a serious misdemeanor and there is a possibility that your visa will not be renewed.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I am Japanese citizen and applying for US Citizenship. I entered USA on 1/31/1974 with tourist visa.

I overstayed and in July or August of 1974 I was arrested and stayed in prison in Hattiesburg, MS for 24 hours. I was doing fundraising for a church by selling something when I met an INS officer. The next day our group of about 10 got arrested. I was released eventually after signing on something... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 11, 2017

Records may be obtained from three sources; the County Clerks Office at your county courthouse, the sheriff or police who took the original arrest record. In some cases for a minor incident such as this the record may no longer exist. If that is the case you will need a certified letter from the... View More

1 Answer | Asked in Federal Crimes and Immigration Law for Massachusetts on
Q: Can I have my citizenship process jeopardized if I obtain a medical marijuana card before interview but I have never use

Can I have my citizenship process jeopardized if I obtain a medical marijuana card before interview but I have never used it?

My citizenship interview is in two weeks. I registered for the medical marijuana card last week and I am still waiting to receive it (it will be available in a... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Mar 31, 2017

You are correct that possession of Marijuana remains a federal crime. Possession remains an aggravated felony for immigration purposes. My suggestion is that you take care of your immigration situation before you obtain the card and/or possess marijuana.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I want to know if I will get denied for green card renewal because I spent some time in jail immigration had put a hold

On me but I was released within an hour because I'm a citizen which I didn't knew derivative citizenship thru mother and today I went for my biometrics

Kyndra L Mulder
Kyndra L Mulder
answered on Mar 3, 2017

Your facts make so sense at all. You say you are a citizen so why do you need to renew your green card?

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Born in Haiti and came to U.S. at age six.

I was born in Haiti and came to U.S. at age six. Attended school, graduated, etc. here in Massachusetts. Parents became citizens when I turned 17. Am I not considered a naturalized U.S. citizen based upon this? Thank you.

Matthew J Hartnett
Matthew J Hartnett
answered on Feb 15, 2017

Possibly. This type of analysis can be complicated. Did you enter as a permanent resident? Or did you later become a permanent resident? Consider a consultation with an immigration attorney to properly evaluate.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have a green card based on asylum from European Country. Under new immigration law, am I allowed back in US?

I have a green card based on asylum from European Country. Under new immigration law that just took place, am I allowed to leave and come back in US?

Kyndra L Mulder
Kyndra L Mulder
answered on Feb 1, 2017

The recent executive order is a temporary stay on the issuance of visas and refugee status to persons from certain countries.It is not a travel ban as some of the media is saying. You are free to travel as a green card holder. Only if you came from one of the countries designated went to the... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can only one people be withdrawn from a I-539 application which contains 2 people?

My son and I are on the same I-539 receipt for a change of status (J2 to H4). My husband is H1 now. The current status for this I-539 is still pending in Vermont Center. Now my own H1b was approved and I was told I should withdraw my I-539. Can I just withdraw my H4 application and keep my... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

It's best to discuss your case directly with an Immigration Attorney.

This link may help too: https://www.uscis.gov/about-us/contact-us

The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions,...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.