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Massachusetts Immigration Law Questions & Answers
2 Answers | Asked in Family Law, Immigration Law, Personal Injury and Domestic Violence for Massachusetts on
Q: Greetings. My name is Mikael 34 years old.I've been victim of domestic violence. Can i file for citizenship?

We've been in a relationship for almost 5 years I have videos of the abuse and after we break up she and her brother stated that if i ever go back to my country they will get me killed.

James L. Arrasmith
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answered on Jan 8, 2024

Mikael, I'm sorry to hear about your situation. Experiencing domestic violence is a serious matter, and it's important to know that there are legal protections available to you.

Regarding your citizenship query, being a victim of domestic violence does not automatically qualify...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Can I add spouse after applied IVP? The IVP is still pending

My fiancé applied for eb2 niw and the I-140 has been approved. Although he is in the United States, he submitted an Immigration visa proceeding (ivp) application through Consular in December 2023. We plan to get married in the United States in the next few months. Since we Coming from different... View More

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answered on Dec 30, 2023

If your fiancé has an approved I-140 under the EB-2 NIW (National Interest Waiver) category and has filed for an Immigration Visa Proceeding (IVP) through consular processing, there are options for you to apply for a green card after getting married.

Once you are married, you can be added...
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Q: In Massachusetts, Can you be terminated from a job, by employer,if you were arrested but trail ended in not guilty?
Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Dec 3, 2023

I think that you may have a case against your employer. Possibly for terminating you before you were able to exonerate yourself against allegations of committing a crime. In addition, there are statutes in In some states, nuch like New York that would address an employer terminating an employee... View More

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Q: In Massachusetts, Can you be terminated from a job, by employer,if you were arrested but trail ended in not guilty?
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answered on Dec 3, 2023

In Massachusetts, employment is generally at-will, which means an employer can terminate an employee for any reason or no reason at all, as long as the reason is not illegal. However, being arrested and having a trial that ends in a not guilty verdict doesn't automatically protect you from... View More

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: I want to Forgo O3 visa for TPS, how do I switch back to O3 once TPS expires or is cancelled.

Husband is on J1 visa, I am on J2. Husband got a new job offer that sponsors O1 visa. We are applying for O1/O3 visas. At the same time TPS has been extended for my country. I want to apply for TPS so I can have EAD. I understand if I work with EAD From TPS While on O3, I will be forgoing the O3. I... View More

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answered on Nov 20, 2023

In your situation, where you're considering switching from an O-3 visa to Temporary Protected Status (TPS) to obtain an Employment Authorization Document (EAD), it's important to understand the implications of this change on your immigration status. If you opt for TPS and use the EAD to... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can a naturalized US citizen born in Cuba receive Spanish citizenship via the Nietos Law without loosing US citizenship?

Some of my family members are going through the process of becoming dual citizens of Cuba and Spain under the Spanish Law of Democratic Memory. For those of us that are naturalized US citizens, do we lose our US citizenship if we accept the Spanish?

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answered on Nov 19, 2023

As a naturalized U.S. citizen, you can apply for Spanish citizenship under the Law of Democratic Memory (Nietos Law) without automatically losing your U.S. citizenship. The U.S. allows dual citizenship, which means you can be a citizen of both the U.S. and another country, like Spain, without... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: How can I forgo my O3 status in order to use employment authorization that comes with TPS

Hi, I am currently in the US on a J2 visa (my husband is J1). We are in the process of switching to O1 (husband) and O3 for myself. In addition TPS has been extended for my country till June 2025. O3 does not offer any possibility of employment. I will like to apply for TPS so that I can be... View More

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answered on Nov 19, 2023

In your situation, it's important to understand that holding O3 status and applying for Temporary Protected Status (TPS) are independent processes. If you are granted TPS while on an O3 visa, you have the flexibility to choose which status to maintain. TPS comes with employment authorization,... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Husband is applying for O1: Should I apply for O3 (without possibility of being employed) or apply for TPS?

Husband and I are from Cameroon. We are currently on J1 (him) and J2 (myself) visas. He got an offer for a new job that is sponsoring his O1 visa. I would be getting an O3. We will be filing the O1/O3 visa applications by end of November 2023. Meanwhile TPS has been extended till June 2025 for our... View More

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answered on Nov 18, 2023

Deciding between TPS (Temporary Protected Status) and an O-3 visa depends on your immediate needs and long-term plans. TPS allows you to work in the U.S. with an Employment Authorization Document (EAD), but it is temporary and dependent on the continued designation of Cameroon for TPS.

If...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Do I have legal status after travel abroad with advanced parole? . Now im paroled into the US.

I was in court proceedings in Boston and court was closed. I was waved in into the US back in 2006 but didn't get a passport stamp. Suddenly, i was in court! They said that i said I entered illegally but is not true.

My son petitioned me in 2018. I submitted my AOS then. After court... View More

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answered on Nov 18, 2023

Being paroled into the U.S. after traveling with advanced parole generally means you are in a period of authorized stay, but it does not in itself confer legal status. Your status is dependent on the progress and outcomes of your immigration applications and petitions.

If your Adjustment of...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Will I be eligible for derive citizenship my Grand mother filed for me in 2003 at age 16 she passed away 3 yrs ago?
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answered on Nov 18, 2023

Eligibility for derived citizenship in the United States can be a complex matter and depends on various factors, including your age, your relationship to the U.S. citizen relative, and your immigration status. In general, derived citizenship through grandparents is not commonly provided under U.S.... View More

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Will I be eligible for derive citizenship my Grand mother filed for me in 2003 at age 16 she passed away 3 yrs ago?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 17, 2023

Children under the age of 18 automatically gain U.S. citizenship by law (derivative US citizenship)when the following 3 conditions are met:

* The child holds U.S. lawful permanent resident status, commonly referred to as being a “green card” holder.

* At least one of the...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: i have green card can i send finance app to my girl friend back home in iran
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 9, 2024

Only US citizens may file fiance visa petitions

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1 Answer | Asked in Child Custody, Family Law and Immigration Law for Massachusetts on
Q: Motion to get custody and change the supervisor visitation parenting time

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answered on Dec 3, 2024

When seeking to modify custody and supervised visitation arrangements in Massachusetts, you'll need to file a modification complaint with the court that issued your original custody order. You'll have to demonstrate that there has been a material change in circumstances since the last... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Immigrant Petition I130 family member. Question on affidavit of support. And child follow on.

I filed for the sister immigrant 20 years ago, she later had children but they were never added before the petition was approved this year. I may try to add them now, but maybe I cannot, So as I must file the Affidavit of support, should I add people under Item Number 2. "Family Members... View More

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answered on Dec 1, 2024

Your financial situation with a combined income of $140K appears sufficient for sponsoring multiple family members, though the exact requirements will depend on the current poverty guidelines and total household size. You should list any potential beneficiaries under Item 2 of the Affidavit of... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I am a U.S. citizen seeking to apply for a green card for my unmarried adult son, How is expected timeline for this?

I am a U.S. citizen seeking to apply for a green card for my unmarried adult son, who currently resides in Iran. I would appreciate your guidance on the application process, including expected timelines, documentation requirements, and any country-specific considerations for Iranian applicants.

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answered on Nov 15, 2024

As a U.S. citizen, you can petition for your unmarried adult son (over 21) using Form I-130, which falls under the Family First Preference (F1) category. This is an essential first step in the green card process.

Currently, due to visa bulletin backlogs for the F1 category, applicants from...
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1 Answer | Asked in Immigration Law and Employment Discrimination for Massachusetts on
Q: Hello there, I’m an h2b worker with an end date of Oct 31 st . I was in the process of getting a winter with extension

With a company I’ve work with before they assure me that everything is good and I don’t need to seek employment elsewhere however a few days ago they’re saying it wouldn’t be possible to get a extension with my end date and they had this information for over 3 months . I’ve been reaching... View More

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answered on Oct 30, 2024

I'm sorry you're going through this challenging situation. Start by collecting all your emails, messages, and any agreements you had with the company about the extension. This documentation will be crucial if you need to take further action.

Next, try to reach out to higher-ups in...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: My Fiancé got deported 7 years ago for trying to come into the United States illegally. I’m a us citizen born in America

Can I petition for him for him to come live with me in USA?

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answered on Sep 26, 2024

You can petition for your fiancé, but his previous deportation for attempting to enter the U.S. illegally will complicate the process. Since he was deported, he may be subject to a bar from reentering the U.S., which could last for 10 years or longer depending on his specific situation. To move... View More

2 Answers | Asked in Immigration Law and International Law for Massachusetts on
Q: Filed I-130 for Sister. But while waiting, she had kids, who were never added to the Petition before it got Approved.

We are in the US, My Naturalized US Citizen wife filed I-130 petitions individually for her two Sisters to come to USA from the Philippines. It took 20 years, but they both just got Approved. But during the 20 years, one Sisters had children, and the other got married and had children. These... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 1, 2024

The spouse and children can be included in the immigrant visa application. Visa processing fee will be paid for every applicant. Contact directly and in private as this is a public forum. Salamat po.

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1 Answer | Asked in Business Formation, Business Law and Immigration Law for Massachusetts on
Q: Open the business bank account on an F1 visa

Can I open the business bank account for a c corporation if I am appointed as the treasurer who is only responsible for document signing, opening bank account and no operational activities. I will own nothing of the company and not take part in the day to day operations. I am on an F1 visa and... View More

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answered on Aug 30, 2024

Opening a business bank account as a treasurer on an F1 visa involves navigating certain immigration regulations. Generally, F1 visa holders are restricted from engaging in unauthorized employment, and this can extend to certain activities related to business entities. Even if you are not an owner... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hi, I'm married to a US citizen but lived in Europe. If I get an European scholarship for postdoc, can I still apply J1?

My spouse is a freelancer living in the US. And I'm currently an immigration in Europe, planning to apply for permanent resident in Europe when my current one expires, which will be after I get the scholarship. Will the J1 still be possible? I plan to go back Europe after postdoc, so I... View More

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answered on Aug 16, 2024

You can still apply for a J-1 visa even if you receive a European scholarship for your postdoc. The J-1 visa is designed for temporary exchange programs, including research, and your intent to return to Europe after your postdoc is consistent with the visa's non-immigrant purpose. Your... View More

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