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Massachusetts Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hello, This question might sound really strange to you. Is it possible to block someone's I-130 petition?

IF yes, on what grounds can it be blocked or canceled ? I understand people feel very good in immigrating their relatives such as spouses, parents and siblings. However, in my case I fear my own married life which is hanging by a thread will be over. There is a very big background on it. Please,... Read more »

Vince Sykes
Vince Sykes answered on Oct 17, 2019

An I-130 confers no benefit and only confirms that there is a bona-fide marriage or other direct relationship, i.e, siblings, parent-child, etc. So, what's to block? Those predicate facts are true or false... Nonetheless, petitioner does not have to sign; does not have to file I-130--but if already... Read more »

2 Answers | Asked in Immigration Law for Massachusetts on
Q: I have a green card, can i apply for a green card for my chinese fiance?

she is from china and living in US on H1B visa. she has two years left on her H1B visa. how long will it take approximately to get her green card. thank you

Stephen Arnold Black
Stephen Arnold Black answered on Oct 15, 2019

Retain counsel anywhere in the USA for representation.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: My friend has an expired green card with red extension sticker on back. If he travels to China, problem returning?
Hector E. Quiroga
Hector E. Quiroga answered on Oct 3, 2019

Technically, no. The date should extend the deadline of his green card so that it is no longer expired. The only issue we see is if something comes up as a result of the investigation into his continued eligibility for permanent residence.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: If upon entering the US on a green card, what happens if a border officer deems that I have not maintained residency?

If upon entering the US as a green card holder, a border security officer deems that I have not maintained residency in the US, what happens next? My understanding is that the border officer takes the green card, stamps my passport with a stamp that is good for re-entry for one year, and issues a... Read more »

Kevin L Dixler
Kevin L Dixler answered on Sep 3, 2019

This is not always the case. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Find an attorney who will explain the range of discretion that CBP has at a port of entry before you take any further... Read more »

2 Answers | Asked in Immigration Law for Massachusetts on
Q: Can grandparents with green card earn social security compensation?

They are going for their citizenship but are unable to maintain a job do to age. Social security a possible source of income?

Kevin L Dixler
Kevin L Dixler answered on Aug 19, 2019

This is more of a social security question, so it should be posted in that section.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: My husband is Canadian we received his green card in 2010. It expires next year and we are about to get divorced.

Will he have an issue getting it renewed? Should he renew it before we divorce so it's good for another 10 years or if he files for it's renewal now would anybody give him an issue and deny the renewal?

Kevin L Dixler
Kevin L Dixler answered on Jul 9, 2019

The divorce is unlikely to be an issue for simple lawful permanent resident card renewal. However, the USCIS may try review other factors, like his criminal record, if any, among other issues considered on the form due to the long delay. He should consider an appointment with a competent and... Read more »

3 Answers | Asked in Immigration Law for Massachusetts on
Q: Hi! Is it possible to come to USA with a K1 visa marry a US citizen and return back to your home country for a while?

How are you going to re-enter the USA?

Deron Edward Smallcomb
Deron Edward Smallcomb answered on May 28, 2019

The K1 visa is a single entry visa. If you leave before adjusting status, you will not be able to return without either Advanced Parole or starting over with a marriage based petition. As this is a complex issue, you should contact an experienced immigration attorney for advice.

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3 Answers | Asked in Immigration Law for Massachusetts on
Q: What to do when a conditional green card is expired and cardholder has been outside the US for more than one year?

My daughter is a US citizen and applied for K-1visa in August 2013. She and her spouse were accepted for a Fiancé VISA and they got married within 90 days of her Husbands arrival. He got accepted for a Conditional Green Card and obtained it. He has a social security number for work and had a... Read more »

Kyndra Mulder
Kyndra Mulder answered on May 23, 2019

He has likely abandoned his status by remaining outside the USA for so long. They will need to refile.

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3 Answers | Asked in Immigration Law for Massachusetts on
Q: How can I get my parents and sister a tourist visa from Brazil?

I am a green card holder, unemployed. They had their visa denied back when I had a F1 visa last year.

Kelli Y Allen
Kelli Y Allen answered on May 19, 2019

There is nothing you can do directly to get them tourist visas. Usually tourist visas are denied for failure to show non-immigrant intent. This is not something you can overcome on their behalf. Rather, each of them will have to be able to prove sufficient ties to Brazil (ex. family, job,... Read more »

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3 Answers | Asked in Immigration Law for Massachusetts on
Q: If I file an immigrant petition for my siblings, would they find it harder to get visit or work visas in the interim?

I'm a US citizen. I know right now there's a 14 year wait. Want to make sure by applying, I'm not excluding them from traveling to the US for work or vacations.

Kelli Y Allen
Kelli Y Allen answered on May 18, 2019

Just filing an I-130 petition so that they are in line waiting for a visa number should not impact non-immigrant visas in the interim.

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3 Answers | Asked in Bankruptcy, Copyright, Employment Law and Immigration Law for Massachusetts on
Q: I’m an aspiring lawyer, any advice?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

Yes. Stop wasting time asking silly questions here on Justia.

Meantime, study hard, make really good grades, get an undergraduate degree that will be there to fall back on if you flame out, apply to as many law schools as you can afford to, if several schools accept you, select the one...
Read more »

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Green card holder, living outside US for 1.5 years.. can they travel back to US on green card (no valid i-131) ?

My parents visited US in on visitor visa, and I sponsored there green card. Now they are outside US for 1.5 years. My questions is:

1. can they travel to US on green card, after 1.5 years of gap (they don't have a valid 1-131, re-entry permit) ? green card is still valid.

2. there... Read more »

Kevin L Dixler
Kevin L Dixler answered on Mar 25, 2019

More information is needed. Why did they remain outside of the U.S. for over a year?

A lawful permanent resident green card holder is presumed by CBP to abandon their green card status when they do not make their principal residence in the U.S. for more than one year. If there is any...
Read more »

2 Answers | Asked in Immigration Law for Massachusetts on
Q: I have visa F1(PhD student) and my husband F2, an employer is offering a permanent job to him (EB3), how to do it?

I understand the EB3 in the category of professionals is the one for my husband. I have a sense of the process but not sure about some things.

Does the employer need to publish the job offer in any particular way, so my husband can apply?

Kelli Y Allen
Kelli Y Allen answered on Mar 14, 2019

There is a very involved, specific process for employment petitions. The employer will need to retain an immigration attorney.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: I’m holding H1B, and about to apply PERM. Will applying affordable housing program affect getting a green card?

My income was qualified to meet the low income so I’m about to apply to the organization to get an approval from the affordable housing program to rent the studio. I’m in the process of getting green card (EB3) and about to apply PERM. Will USCIS be able to track and affect getting a greencard?

Kelli Y Allen
Kelli Y Allen answered on Jan 19, 2019

It is unlikely that will be an issue, but as I'm sure you know, there has been a lot of discussion from the administration about this sort of issue, so there's no guarantee that things won't change to where this does become a problem. But for right now, it should be okay.

2 Answers | Asked in Immigration Law for Massachusetts on
Q: I got caught crossing border and got an I-94 and was let out on bond. Im Married to a citizen now can I file an I-485

We already filed and I-130 can I also file a work permit while we wait. I was never put into removal proceedings

Kelli Y Allen
Kelli Y Allen answered on Jan 15, 2019

Presumably you were given a notice to appear (NTA) in immigration court. If so, that complicates the process tremendously. You need to seek guidance from an experienced immigration attorney as there are extra requirements for the I-130 filing while in proceedings. Also, if indeed you were... Read more »

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: I lost my relationship verification paper. Bit, I want to apply for green card and need the paper. Is there any way?

I lost a realtion verification paper but when I apply for the green card I need to have verification paper of my relation to my husband. Is there a way to solve this case?

Kelli Y Allen
Kelli Y Allen answered on Jan 13, 2019

There is no specific paper that verifies a relationship. In a spousal petition you must provide evidence that you are legally married (marriage certificate to current spouse and proof that any former marriages have been terminated) and that you have a bona fide relationship. This includes... Read more »

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: I am a permanent resident(10years green card)getting a divorce soon.Can I apply for citizenship AFTER divorce?

I am currently married to an american citizen, but we will file for divorce soon. Can I still apply for citizenship after divorce?

Allen C. Ladd
Allen C. Ladd answered on Jan 7, 2019

Yes. Your permanent residence was, for several years, tied to your marriage. You are long past that period. Good luck.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hi my USA visa is expiring in 2 days Can you suggest me any neighboring country I can go so I can get stamped
Allen C. Ladd
Allen C. Ladd answered on Jan 5, 2019

Probably your own country would be best. Unless you have permission to travel to Canada, Mexico, or a Caribbean island. That would depend on your rights as a citizen of your own country, and what kind of visa (if any) that Canada, Mexico, etc. require. Go to the webpage of Canada, Mexico, etc.... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hi.I came to US with turist visa then got married with US citizen.We have newborn baby. I Sent my papers 6month ago.

Also around 5 months ago passed fingerprints as well.

After that didn’t accept any notice from USCIS, job authorization card or interview paper.

Is it normal? If no, what I have to do?

Allen C. Ladd
Allen C. Ladd answered on Jan 5, 2019

It's normal these days. You should get work card about 6 months after fingerprint date.

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