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Massachusetts Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Massachusetts on
Q: How can I correct an information mix up due to a typo on an immigration FORM?

I submitted form I-821 to USCIS, but made a typo on the Alien number box (A#). A week later I received a notice of action and noticed the typo (437 instead of 347). I then received a second notice of action but this time it had someone else's name on it. I called the USCIS 1800 number but they... View More

Carl Shusterman
Carl Shusterman
answered on Jun 4, 2018

You obviously need some help. Contact one of the following:

1. USCIS Ombudsman

2. Your Member of Congress

3. An Immigration Attorney

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Is there any issue here - my daughter married a guy from France

a little over a year ago but now they are going to separate. Does that affect his status?

Carl Shusterman
Carl Shusterman
answered on Jun 1, 2018

Does he have a green card? If so, is it a 2-year green card or a 10-year green card?

If your marriage ends in a divorce before your conditional permanent residence (CPR) expires, you should submit an I-751 waiver to the USCIS as soon as your divorce becomes final.

Most foreign-born...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Does failure to be recruited for Egyptian mandatory military affect getting US citizenship? Read the info section please

In Egypt, we have mandatory military services for males aged 18-30. An Egyptian male can legally defer his military service for the purpose of studying abroad until he is 29, then he has to return to Egypt to be enrolled in the military or get a medical exemption. There is a situation when the... View More

Carl Shusterman
Carl Shusterman
answered on May 29, 2018

No, this should have no adverse effect on your ability to become a US citizen.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: What is the maximum duration to stay outside US before returning back to US for visitors on B1/B2 tourist visa?

My parents are currently in US on B1/B2 tourist visa from 02/16/2018 and will be here till 07/25/2018. How long they have to be back in India or outside US so that they can travel back to US on the same tourist visa? I think the maximum duration they can stay in US is 6 months in one visit, correct?

Carl Shusterman
Carl Shusterman
answered on May 28, 2018

They can apply for an extension of their tourist status if they can show good cause to do so. If they are going to stay in the US for 6 months or more, I recommend that they return to India for a minimum of 6 months or more before seeking to return to the US as tourists.

Good luck!...
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1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Am I eligible to get H4-EAD using spouse's approved I140 immigration petition from previous employer?

My spouse has an approved I140 immigration petition from his previous employer. His new employer has yet to begin the green card process which is probably sometime this year. Am I eligible to get an H4-EAD with his approved I140 immigration petition from previous employer? And is it feasible to go... View More

Carl Shusterman
Carl Shusterman
answered on May 28, 2018

Since your spouse is in H-1B status and has an approved I-140, you probably are eligible for an EAD as an H-4 visa holder. The Trump Administration is considering stopping H-4 visa holders from obtaining EADs. It would be a smart idea to apply before they do so.

Good luck!

Carl...
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1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: After taking a break from job, do I need to find another employer before previous employer H1B expiration date?

I am currently on H1B status which is valid till 04/07/2019 but was thinking of taking a break from job and change status to H4. If I want start a new job again after the break do I need to find one before my current H1B end date of 04/07/2019 i.e. should the new employer file for my H1B transfer... View More

Carl Shusterman
Carl Shusterman
answered on May 28, 2018

If your spouse is in H-1B status, and you wish to stop working, you can apply to change your status to H-4. As long as you maintain your H-4 status, whenever you find another employer, you can change your status back to H-1B.

Good luck!

Carl Shusterman

www.shusterman.com

2 Answers | Asked in Criminal Law and Immigration Law for Massachusetts on
Q: My friend was driving without driver's license he's foreign. any consequences to me if I signed to release car?

My friend was driving without driver's license he's foreign and the cops pull him over and towed his car. he's asking to get his car from towed parking lot there's any consequences to me if I signed to release his car? Any advice will be highly appreciate.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on May 11, 2018

It is hard to say without knowing your specific circumstances, but this might be a better question for the police agency that has the car in impound.

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: During my interview for I-485 the officer told me he will denied as there is no visa available. can I apply again ?

I haven't got the denial letter yet and online status showin "interview finished and case must be reviewed", Visa not available means USCIS received my file when retrogresson started? Can I apply again before getting the denial letter.

Carl Shusterman
Carl Shusterman
answered on May 8, 2018

Need more information to answer your question. Why was there "no visa available"?

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: What do I need to have in place to hire a nanny who is not a U.S. citizen?
Shan Dimitris Potts
Shan Dimitris Potts
answered on May 4, 2018

Hello,

More information is needed to answer this question. Is the person already in the U.S? Do they have a valid work permit card? If you are planning on hiring someone from abroad you should sponsor their visa and create an employer-employee relationship. I suggest you talk to an...
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1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: After accepting an offer from company A, I received a better offer from another company. Would it be okay to tell Co. A?

My H1B is already transferred by company A. Under these circumstances what should I do, as the offer from company B would be excellent for my career?

Carl Shusterman
Carl Shusterman
answered on May 4, 2018

You can have Company B submit an H-1B petition requesting a change of employers after you work for Company A for a short time.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: USCIS ask me to take biometrics to withdraw asylum

I applied asylum 3 months ago but then I received information from my home country that I am no longer in the danger of persecution. Therefore, I request USCIS to withdraw my asylum case shortly after I filed, before biometrics appointment. But USCIS responded that they will be able to withdraw it... View More

Carl Shusterman
Carl Shusterman
answered on Apr 30, 2018

Simply write a certified letter to your local Asylum Office withdrawing your application. There is no need for you to attend a biometrics appointment. https://www.avvo.com/legal-guides/ugc/asylum-winning-your-case

1 Answer | Asked in Immigration Law for Massachusetts on
Q: USCIS ask me to take biometrics to withdraw asylum

I applied asylum 3 months ago but then I received information from my home country that I am no longer in the danger of persecution. Therefore, I request USCIS to withdraw my asylum case shortly after I filed, before biometrics appointment. But USCIS responded that they will be able to withdraw it... View More

Carl Shusterman
Carl Shusterman
answered on Apr 30, 2018

Simply write a certified letter to your local Asylum Office withdrawing your application. There is no need for you to attend a biometrics appointment. https://www.avvo.com/legal-guides/ugc/asylum-winning-your-case

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Which way best to withdraw asylum application before biometrics or after biometrics to avoid immigration issues in futur

I am trying to withdraw my asylum application that I did 2 months ago because I found that I am no longer in danger of persecution. I did not appear at the Biometrics and request the USCIS office to withdraw it. But USCIS keeps asking me to take biometrics with new schedule to properly withdraw... View More

Carl Shusterman
Carl Shusterman
answered on Apr 9, 2018

Simply write a certified letter to your local Asylum Office withdrawing your application. There is no need for you to attend a biometrics appointment. https://www.avvo.com/legal-guides/ugc/asylum-winning-your-case

1 Answer | Asked in Criminal Law and Immigration Law for Massachusetts on
Q: Walked out of a supermarket with 126$ worth of groceries with nobody stoping me. What consequences can I expect?

At a self checkout machine at a supermarket there was a problem when finalizing the payment. A message prompt on screen” wait, help is on the way” My friend waited while bagging his groceries. Some time went by and nobody approached him to help. He walked out of the store confused with the... View More

Lissa McKinney
Lissa McKinney
answered on Apr 10, 2018

It seems to me that THIS TIME your friend may get by without a criminal prosecution. This might depend on whether the store had a security camera inside and outside, and whether the license plate of his vehicle or ID becomes known. Some stores have a 'take no prisoners' approach to... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My Girlfriend is waiting for her tourist VISA. If she works during this time can she get denied?

She was here working legally as an Au Pair for 2 years. Recently she applied for a tourist visa. We are planning on getting married within the next 6 months. If she works during this time can it affect our marriage and her ability to get a work permit?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Feb 9, 2018

She is not allowed to work in the US until she gets a work authorization or a green card.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My I-140 (EB1A) is approved and my I-485 is pending. Could I accept a job in industry, if offered?

I am a postdoctoral research fellow. Could I accept a job in the industry when I have a pending I-485? Thank you!

Roger Carl Algase
Roger Carl Algase
answered on Jan 9, 2018

The answer would be yes, if the I-485 has been pending for more than 180 days.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Currently applying for NIW GC. Can I change from H1B to F1 and still wait for my GC or I have to be on H1.

Hi,

I am currently in the process of applying for my GC through the NIW category. I am currently on H1. I am really interested in pursuing a course that needs to be full time. Hence I need to convert to F1 in future. Can my GC application still be valid if I change status or do I have to... View More

Roger Carl Algase
Roger Carl Algase
answered on Jan 9, 2018

Unfortunately, changing to F-1 while a green card case is pending is not allowed. F-1 status requires "nonimmigrant intent", i.e. intention to return to one's country after the completion of studies and not to remain in the US permanently. Applying for or being sponsored for a green... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can a lawyer help me get a copy of my father's US Citizenship papers so I can become a citizen through him?
Edit Stelczner
PREMIUM
Edit Stelczner
answered on Dec 27, 2017

You should speak with an attorney in private and provide all details of your case so that you can get an accurate answer. It is certainly feasible to get citizenship eventually based on having a US citizen parent.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Refunded payment for work in violation of visa?

I am an international student and I tutored another student for pay without knowing that it wasn't allowed. It was the same course where I had an on-campus job as a teaching assistant. After realizing that it wasn't allowed I gave him back the money in full. Would there be any legal /... View More

Kevin L Dixler
Kevin L Dixler
answered on Nov 25, 2017

The fact that you returned the remuneration, that is the fee in full, means that you likely did not violate the law. The government often looks for a knowing violation of the law. That said, if you received no payment in kind, then you did not violate the law.

The challenge is receiving...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hello, Me and my GF are planning on getting married. She's 19, Im 23. Can she sponsor my green card ?

We met during last summer, and this summer it grew into something more, and she said yes. She's currently at university at N. Carolina, while I live in MA due to my work obligations. We see each other during summer, and every break she has from uni, and long weekends.

Do you think... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Nov 9, 2017

Yes. She can file an immigration visa petition for you, and you can apply for a green card at the same time. You have to be married to do this.

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