Massachusetts Immigration Law Questions & Answers

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

2 Answers | Asked in Immigration Law for Massachusetts on
Answered on Jan 15, 2019
Kelli Y Allen's answer
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 referred to court you cannot file an I-485 or apply for temporary employment authorization at this time. Your case is complicated so I encourage you not to try to handle it on your own.

Q: I lost my relationship verification paper. Bit, I want to apply for green card and need the paper. Is there any way?

2 Answers | Asked in Immigration Law for Massachusetts on
Answered on Jan 13, 2019
Kelli Y Allen's answer
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 photographs, affidavits, joint bills, joint bank statements, joint ownership of property, etc. I highly suggest having an immigration attorney handle this case for you, as the evidentiary requirements have...

Q: I am a permanent resident(10years green card)getting a divorce soon.Can I apply for citizenship AFTER divorce?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jan 7, 2019
Allen C. Ladd's answer
Yes. Your permanent residence was, for several years, tied to your marriage. You are long past that period. Good luck.

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

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jan 5, 2019
Allen C. Ladd's answer
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. in your home country, to see what the requirements are.

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.

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Jan 5, 2019
Allen C. Ladd's answer
It's normal these days. You should get work card about 6 months after fingerprint date.

Q: Possible to marry an immigrant legally months before the wedding to obtain legal status, so honeymoon can be out of U.S

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Dec 17, 2018
Ms Grace I Gardiner's answer
It’s possible but one of the questions asked is about what address you live at and when did you begin living together

If you are not living together immigration will assume the marriage is for immigration benefits. Uscis sometimes randomly run bed checks. I advise filing after you are married and living in the same house.

Q: So I just found out that my girlfriend is an illegal immigrant. She overstated her visa by over a year.

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Dec 17, 2018
Ms Grace I Gardiner's answer
If you were planning on marrying her I suggest she stays and you apply for her green card. If she leaves now she faces a ten year bar and you will have to prove extreme and exceptional hardship to you to overcome her unlawful presence

I suggest you call my office at 8139616119 for further questions

Q: I am on F1 visa, can I apply for change of status to H1B either after graduation or after OPT without a valid passport?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Dec 17, 2018
Hector E. Quiroga's answer
The government will want to see that you have a valid passport as evidence that you are going to leave to return to your home country after you complete your OPT or your H1B.

Q: Hello I want to get marry to my boyfriend which Visa process is faster k1 visa or spouse visa ?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Dec 11, 2018
Ms Grace I Gardiner's answer
The time frame for either one is about the same, but if you did not pay for the birth of your daughter here in the USA you can or may be denied at the interview. Make sure you have documentation to show proof of payment

Q: Shoplifting conviction over 15 years ago. how do i get it expunged. I live in MA. Can I also apply for citizenship?

1 Answer | Asked in Criminal Law and Immigration Law for Massachusetts on
Answered on Nov 2, 2018
Melvin Alanson Heard's answer
As a former Assistant District Attorney in Dorchester District Court,I am very familiar with the ins and outs of convictions. My criminal defense firm, Heard Law Office, is happy to advise you on sealing your conviction and assist with the immigration issues as well.

We are available 24/7 including weekends.

Contact us directly at 617-631-3237 or melvin@heardlawoffice.com.

Q: I divorced in US but still married in RF. Do I need to provide decree of separation from RF to apply for citizenship?

2 Answers | Asked in Immigration Law for Massachusetts on
Answered on Nov 1, 2018
Ms Grace I Gardiner's answer
US government will give full faith and credit to your USA divorce. You can submit it with your US citizenship application

Q: can i apply for citizenship after a shoplifting conviction

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Oct 11, 2018
Peter Munsing's answer
You can but you might pull the record, see what sections you were actually under, as that may not be an issue. More to the point depending on when it was you may be able to have it expunged. Finally, depending on what section you are applying for citizenship under may or may not matter.

Q: Does a previous mistake on a DS-160 for a non immigrant visa (B1/B2) affect my wife's chances to get a CR1 visa?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Oct 11, 2018
Peter Munsing's answer
Fiancee is not an official status under the law so I do not see that as an issue. You may want to review the previous submissions to note any inaccuracies, then consult with a member of AILA who can tell you if any inaccuracies are a problem.

When I say inaccuracy I mean 1)inaccurate at the time made, not because of something later and 2) that weren't merely an oversight or misunderstanding--you are laypeople and aren't expected to be lawyers (though the system may give you that...

Q: Can I get an artist visa when I've worked at a temp agency?

1 Answer | Asked in Immigration Law and Entertainment / Sports for Massachusetts on
Answered on Oct 2, 2018
Hector E. Quiroga's answer
It depends what type of visa you have right now and what you are permitted to do in terms of work. If it’s under the OPT program, part time work at a temp agency shouldn’t impact your ability to get an O1 visa.

Q: Question regarding my cos h4 to f1

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Sep 28, 2018
Hector E. Quiroga's answer
You must wait until the change is approved, and it can’t be approved more than 30 days before the program start date. If you are out of status now, that is if your H4 status is no longer valid, you may have to file for an extension of status to fill the gap so you are no longer out of status. You may want to speak with an immigration attorney. Changing from another nonimmigrant to student is especially complex.

Q: If I apply for EB-1A green card prior to adjusting status to an approved O-1 visa, could it affect my transition to O-1?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Sep 19, 2018
Hector E. Quiroga's answer
The first step in getting the green card through an employment visa is to have your employer file the I-140, Petition for Alien Worker. That can take a while to adjudicate. You can stay in the country while that is being processed as long as you have valid nonimmigrant status; it doesn’t matter which one.

You should be able to file concurrently, yes.

Q: If I already got J1 waiver and then I marry outside USA and bring my wife to USA. How would my wife get the waiver?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Sep 10, 2018
Hector E. Quiroga's answer
If your wife has never been to the US on a J visa, then she shouldn’t need a waiver.

Q: my wife came here with a fiance visa, she was given a green that will expire in May of 2019 what do i need to do to

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Aug 23, 2018
Hector E. Quiroga's answer
Within 90 days of the expiration of her green card, you both must file form I-751, Petition to Remove Conditions on Permanent Residence.

Q: Could I be a U.S citizen already?

1 Answer | Asked in Immigration Law for Massachusetts on
Answered on Aug 8, 2018
Kevin L Dixler's answer
All of the documentation must be certified and proper. Otherwise, the USCIS can issue a request for additional evidence, perhaps, even deny the application, which may seem unlikely. This can delay matters. If you have concerns, then consider hiring a competent immigration attorney. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

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