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Massachusetts Immigration Law Questions & Answers
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.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My parents just migrated to US and have a green card; can they sponsor my brother as well?

Hello,

I have sponsored my parents and my brother green card. My parents were able to get immigration visa and now in US with green card; however, my brother is not considered close relative, therefore, his visa can take up to 10 years; Question: can my parents sponsor him now as well as... Read more »

Adan Vega
Adan Vega answered on Jul 12, 2021

One of your permanent resident parents can file the FORM I-130 on behalf of your brother IF he is unmarried.

If that process is possible, your brother will be classified in a different category ( F2A or F2B) than the F4 and the issuance of the immigrant visa may occur at an earlier time.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Is the one step adjustment process available to a foreign adult legally living in the U.S through a student visa?

My dad is a green card holder and petitioned me, a U.S student visa holder, for a green card. Should I have filed for adjustment of status as well since I already live in the U.S or is that only for children under 21 years old?

Kyndra L Mulder
Kyndra L Mulder answered on Jun 27, 2021

There is not such thing as a one step process. You must have an approved Alien Relative Petition and then you must file to adjust status.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: What can my son do if his wife refuses to return to the US after a visit to Thailand.

She is in the US legally. Came on a Fiance visa and they got married. They have a son, born in the US. The 3 of them would go for a visit, but she might not want to return to the US with the boy.

Kevin L Dixler
Kevin L Dixler answered on Jun 23, 2021

This is a challenge. There appears to be domestic issues that need to be resolved. Perhaps, marriage counseling is needed in Thailand.

If his wife wishes to abandon her lawful permanent resident status, and live in Thailand, then she and your son need to decide whether they can remain...
Read more »

2 Answers | Asked in Immigration Law for Massachusetts on
Q: was born in canada and have canadian pasport. bin in the us since i was 5 and have a green card perminent resident. also

bin married for over 30 years to my wife who is a born in the us and an american citizen. do i have to take a citizenship test ?

Adan Vega
Adan Vega answered on Jun 9, 2021

The information that you have posted indicates that you appear to be a permanent resident

and not a U.S. citizen.

You will need to file the FORM N-400 with USCIS if you wish to obtain U.S. citizenship. The FORM N-400 will provide you with information regarding eligibility for...
Read more »

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: i came in the united states when i was 11 years old now I'm 20 can i do anything to get a citizenship or get close to

the only thing I've done is file for an ITIN number but other than that everything has been done by my family but it feels like there is so many opportunities that I'm missing out on that my family is not a aware off.

Kyndra L Mulder
Kyndra L Mulder answered on Jun 2, 2021

DACA?

Provisional Waiver?

Consultation with an experienced Immigration Attorney?

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Undocumented teen, just turned 18.Family member opened SS# and claims on taxes but wont give it to her. What options?

Teen, 18, High School senior, undocumented, no birth certificate(trying to get one from Haiti), no ID, Aunt wont give SS# but claims on taxes, can't do DACA because of possible SS#, does not live with either parent but with family instead. Is there a way to find out her SS#?

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on May 18, 2021

There are many questions here, the most obvious is how do you have a SS# if you are undocumented? You need to sort this out before someone gets you into trouble without your knowledge. Please consult an attorney urgently. You can find one on the Justia Directory or on thevAmerican Immigration... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Please what is the success/denial rate for marriage based green cards.

I met my wife last year, she’s on a tourist visa and we got married Dec 2020. I want to help her apply for a marriage based green card. Please what’s the rate of success (estimate) with marriage based green card applications?

Stephen Arnold Black
Stephen Arnold Black answered on Mar 16, 2021

If you married for love then the chances are good. Immigration agents are very skilled at detecting fraud.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I get married to my boyfriend despite us not living together? I am a permanent resident. We are college students.

We are going to different colleges in different states and will probably be doing long-distance for a while. Will this marriage be legitimate in Massachusetts? He is not American. If possible, I want him to live with me in America permanently.

Hector E. Quiroga
Hector E. Quiroga answered on Feb 25, 2021

Yes. You will have to show evidence of good faith marriage as well as an explanation as to why you are currently living apart.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I-130 petition for my brother who lives in Pakistan and is married to two wives. Will this have implications?

In Pakistan, you can have more than one wife by law.

Kevin L Dixler
Kevin L Dixler answered on Jan 29, 2021

Yes, this is a problem. The names of all spouses must be included in the petition. Bigamy is grounds for inadmissibility. This means that, as a bigamist, he should be disqualified from lawful immigration. This will require any previously approved I-130 petition to be revoked, even years later.... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Is it allowed to apply for STEM Extension from outside USA?

Hello, I am on F1 visa and am currently employed post-graduation on my initial OPT which is about to end in January. For some personal reason, I have been out of the country since a month. My company is in the process of preparing documents and I most likely will apply for STEM Extension in the... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 24, 2020

It would probably be best in the long run for you to return to the US and apply here. It would likely simplify things in the long run.

1 Answer | Asked in Employment Law, Immigration Law and Employment Discrimination for Massachusetts on
Q: Can an employer refuse to hire you on OPT?

I am a Masters' graduate from a STEM degree. I graduated in May 2020 so I am currently on OPT. I was given a confirmed written offer by a company, but when they were doing background checks etc, they asked me about my visa status. I told them I was on STEM OPT so I officially had 3 years of... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 11, 2020

If employment is at will, then there is probably nothing you can do about it. It is hard to say if discrimination based on visa status is valid, given a company’s long-term goals. Your best option would be to discuss your case with an attorney with knowledge of workplace issues.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: What the meaning of a question from I-130 form (WAS THE BENEFICIARY EVER IN IMMIGRATION PROCEEDINGS?)
Michael E.D. Templo, Jr.
Michael E.D. Templo, Jr. answered on Oct 4, 2020

It means whether the person being petitioned (beneficiary) was ever in removal, deportation, or any other proceeding required under immigration law to ensure due process.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My daca renewal is delayed... what can I do?

I filed for my DACA renewal in May 2020, a little bit more than 150 days before my current EAD expires. My EAD expires in October 2020. I have only received notice of action I-797C, and not form I-797 that would say I was approved. Is there an automatic extension given to Daca recipients due to the... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Sep 19, 2020

If your new card does not arrive in time call the 1 800 number and make an info pass appointment at your local USCIS. You may be eligible to receive a stamp in your passport indicating an extension.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Husbands biometric appt was cancelled for Covid, waiting on new appt, Green card exp in Oct. What do we do if expires?

The appointment was originally in May and cancelled. We are waiting on new appointment but do we have to do anything or file some paperwork in case it expires before we get a new appointment?

Hector E. Quiroga
Hector E. Quiroga answered on Sep 17, 2020

1st, contact USCIS to see about getting it rescheduled. While you are doing that, see if you can make an InfoPass appt. to get an extension sticker on it.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Family Immigration

My parents are in the process of applying for a Green card. All the papers are ready except for the Police certificate. They lived in Burma for 4 years around 40 years ago under a diplomatic visa. They don't have contact with anyone in Burma so they are not able to get the Police certificate.... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Sep 8, 2020

They will need to travel to Burma (Myanmar) to get the clearances. Below is a link to a website that describes what is needed: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Burma.html

3 Answers | Asked in Immigration Law for Massachusetts on
Q: Hi, i am Tina a Immigrant that came here on a visiting visa. I need a lawyer. Can you help represent me?

I came been here since 2016 got married but i am living here without a document. I live in Worcester Massachusetts

Kyndra L Mulder
Kyndra L Mulder answered on Aug 20, 2020

Provided you married a USC you can and should file to adjust status through your spouse.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: My mom has green card(60 Y) . She is stuck outside US due to covid over 180 days. She is high risk. What should she do?

She has heart disease and high blood pressure. Afraid to travel. Do not want to lose her green card. What is the best advise to maintain her green card

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Aug 13, 2020

Hi, the pandemic going on right now and all the reasons you stated above(Age, health) should be sufficient reasons to include in her application for re entry into the U.S. Green card holder can stay outside the U.S for longer than the required 6 months so long as there is a supportable valid reason... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hi, my husband case got approved from the Visa Center I'm just waiting for his interview at the US Embassy in Haiti.

The Embassy is now closed, I'm having surgery on my right arm and I don't have anyone to care for me after my surgery. I have three kids but they're too young to care for me. I wanted to ask is there anyway I can write a letter to the U.S. Embassy in Haiti with my doctor's note... Read more »

Mario Musil
Mario Musil answered on Aug 10, 2020

You or your lawyer can write an expedite request to the NVC to see if they can schedule an appointment based on your medical need.

Good luck to you!

1 Answer | Asked in Immigration Law for Massachusetts on
Q: What is the earliest that an I-129 petition can be filed for an L-1 visa extension, when filing via a service center?
Aman U. Khan
Aman U. Khan answered on Aug 8, 2020

Your employer may file an L-1A EOS 6 months prior to the expiration of your I-94.

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