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Massachusetts Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Massachusetts on
Q: My US L1 visa denied amid the Covid outbreak, Is there any way i can get extension.

I am requires to go back as soon as the flights ban to India is over, i have 2 kids and wanted to know what are the options to stay here until the health crisis of coronavirus is over. I am also not able to work and is out of pay.

Hector E. Quiroga
Hector E. Quiroga answered on Apr 1, 2020

You can try to change your status, but it is unlikely that you will be able to find a status that will allow you to remain in the US and work, under the circumstances.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I sign a temporary contract with a company meanwhile another company (no contract sign) is sponsorin my green card?

Hi,

A future employer is arranging me my green card; they are paying immigration lawyers and all. We already sent all the documents, paid fees, and I will have my biometrics next week. I will sign a contract as soon I have the GC. The process is taking time and in the meanwhile my current... Read more »

Adan Vega
Adan Vega answered on Mar 18, 2020

Your fact pattern involves an employment/ labor law issue and immigration law issues. I highly recommend that you consult with a labor law attorney to assess your obligations prior to entering into an employment agreement with your current employer. You also should seek guidance from an experienced... Read more »

1 Answer | Asked in Family Law and Immigration Law for Massachusetts on
Q: Can I, a minor, marry someone without my parents consent?

I’m a 16yrs Brazilian who currently lives in Mass with my parents, they have a Student visa, who which I’m dependent. Since I came here, I came out as gay, and they never were really well receptive. I have a boyfriend, and a whole new life in here, me and my bf are fearing that my parents want... Read more »

Adan Vega
Adan Vega answered on Mar 4, 2020

You can not marry in Massachusetts without parental consent if under the age of 18. You should visit with an experienced immigration attorney and a family law attorney for specific guidance.

Good luck to you.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can non green card holders legally sell items on online marketplaces?

My family has applied for a green card years back but still dont have it. I am interested in selling some items on a site called StockX.com, in which people can buy and sell clothing and footwear. It is similar to Ebay and Facebook marketplace in which items are sold and bought by individual... Read more »

Kevin L Dixler
Kevin L Dixler answered on Feb 22, 2020

It is unclear whether you will be able to adjust status, which may be more important to you. This may depend upon whether you somehow qualify based upon Section 245i. Was the original petition filed by April 30, 2001? In general, a person is not allow to work in the U.S. without employment... Read more »

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can two completely unrelated employers file for my H1B for year 2021?

I have received job offer from a company which is ready to sponsor and apply for my visa even before I join. While my current employer is also planning on filing for me. Both are unrelated organizations. Will this cause any problem during or after the lottery process this year?

Adan Vega
Adan Vega answered on Feb 13, 2020

In the past two different employers were able to file the FORMI-129H on behalf of the same beneficiary. However, the filing procedures are not entirely set for the FY 2021 filings. USCIS will release instructions regarding the employer registration process in a few weeks.

Good luck to you.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I am a gay male living in MA... I would like to know how to get my fiance here from Ghana to marry and live here.

We have been communicating for 7 years via facebook, skype, and phone calls Daily.

Stephen Arnold Black
Stephen Arnold Black answered on Jan 30, 2020

You can sponsor him for his fiancé visa but you must show that you have physically met him within two years of filing. There are other options that you can explore. Discuss with counsel anywhere in the USA.

3 Answers | Asked in Immigration Law for Massachusetts on
Q: Hello, I want to bring my fiancé of 2 years from Ethiopia to Boston so we can get married and would like so assistance.

I've known her since 2011 and have visited her and her family many times. We have been engaged for 2 years and I want her to come to Boston so we can get married and I want her to stay with me in Boston. What is the best way to get this done?

Ms Grace I Gardiner
Ms Grace I Gardiner answered on Jan 13, 2020

You can file a fiancé visa and once she arrives you can get married within 90 days and then apply for the green card

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: I'm a F1 visa with 3 F2 dependents. My petitioner-sister/US Citizen, sent I-130 for me. When should I file I-485?

Do I file I-485 for each, self and 3 dependents?

Hector E. Quiroga
Hector E. Quiroga answered on Jan 2, 2020

With regards to when you should file: It depends when your sister sent the petition. It also depends on your country of origin. Go to:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

and select the most recent visa bulletin. Page down to “Dates for...
Read more »

1 Answer | Asked in Divorce and Immigration Law for Massachusetts on
Q: I married in PR get divorced in Springfield, MA. I will like to know if divorced is recognized and valid for immigration
Brian Waller
Brian Waller answered on Dec 21, 2019

Any legal divorce granted by a court with proper jurisdiction over the parties in the US should be recognized for immigration purposes.

2 Answers | Asked in Immigration Law for Massachusetts on
Q: I’m here on a H-1B visa( under my husband) but want to divorce my husband. How do I go about doing so?

My husband has done everything to make sure I’m his puppet that just sits at home, it even gets physical. I’m trying to go stay with other family that’s out of the state I’m in but, he is threatening to report me to the company that we’re under with the h-1b visa with. Can he do that? I... Read more »

Ashley E Lively
Ashley E Lively answered on Dec 20, 2019

You may be eligible for relief available for victims of crimes or protection under the Violence Against Women Act. I would encourage you to reach out to an immigration attorney immediately so they can help you with reproduction of your documents and your immigration status.

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: If the DHS were still accepting new DACA applications, would I be able to apply if I arrived in the US after 2012?

I arrived in the USA in 2016 as a minor and I am undocumented. If DACA came back, would I be able to apply for it (once I got the 5 year minimum)?

Masoud Jahani
Masoud Jahani answered on Dec 10, 2019

Hi

Hope below helps,

Following are DACA requirements

You were under 31 years old as of June 15, 2012;

You first came to the United States before your 16th birthday;

You have lived continuously in the United States from June 15, 2007 until the present;...
Read more »

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have submitted EB-2 NIW I-140 & I-485, if rejected, can I marry my fiancé(e) (US citizen) to avoid deportation?

Would this plan work:

If EB-2 NIW gets rejected -> marry my US citizen fiancé(e) -> apply for marriage green card?

Or do I need to get married before the rejection to avoid deportation or future difficulties in applying for a marriage green card?

Potentially relevant info:... Read more »

Amanda B Cook
Amanda B Cook answered on Dec 5, 2019

As long as there are no other red flags on your file, that would probably be fine. However, if that happens, you should be overly prepared for the extra scrutiny such a move will likely bring to your marriage application. I highly recommend hiring an attorney to help you with your marriage... Read more »

2 Answers | Asked in Family Law and Immigration Law for Massachusetts on
Q: Hi, I'm trying to get a hold of my name change papers in Spokane, WA but they are sealed how do I go about it?

I live in Boston, MA but, I have no family to go to that could help me. I really need this document as I am trying to prove I am a citizen.

Amanda B Cook
Amanda B Cook answered on Nov 21, 2019

You need to hire an attorney in Spokane.

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Pls can form 1-130 be approved and form 1-485 be reading request for more evidence,why and what are the implication ?
Stephen Arnold Black
Stephen Arnold Black answered on Nov 8, 2019

It’s unclear what you are asking. Rephrase your question.

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: How can US LPR overcome inadmissibility due to criminal offense involving moral turpitude?
Kevin L Dixler
Kevin L Dixler answered on Oct 28, 2019

First, you seem terribly mistaken. A person who is deportable can also be disqualified from naturalization and placed in removal proceedings as a result of filing. This, even if five years pass after the offense.

As a result, I strongly recommend an appointment or teleconference with a...
Read more »

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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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