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Massachusetts Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Massachusetts on
Q: What are the requirements to sponsor my wife from China, came to the U.S. Via J2, currently under Asylum.

Sponsor for, green card, citizenship, work permit, does the 3 years of marriage have to pass before applying?

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 5, 2023

A United States citizen can sponsor a foreign national who entered the country with a visa. This is so even though your spouse may be out of status. However, if she entered with a J visa, she may be subject to the 2 year home residence requirement. You should work with an attorney.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: What are the requirements to sponsor my wife for her green card, work permit or citizenship, are they different?

Is the 1st requirement, that prior to any application you be married for 3 years?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Jun 5, 2023

It depends on where she is and how she came

To the US if she’s here. Please hire an immigration lawyer.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hello , I want to file a petition for my mother and my sister who is 39 however she is under the trysomy 21 down syndro

my sister is dependant on my mother ,mom can't take care of her because of mom medical situation

Carl Shusterman
Carl Shusterman
answered on May 9, 2023

While you can sponsor your mother for a green card if you are a US citizen, if you sponsor your sister, the waiting time for a green card is over 10 years. Please see

https://www.shusterman.com/green-cards-for-parents/

and

https://www.shusterman.com/green-cards-for-brothers-and-sisters/

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I’m petitioning my mom.she had an expedited removal 10 years ago.Do I have to submit additional info with form I-I30?

She was removed at the border under 7AiI and prohibited to enter US for 5 years. She has remained in her home country and it has been 10 years since incident. Do I need to include additional information/evidence before submitting form? It is my understanding that I-I30 is only to establish... View More

Monica E Rottermann
Monica E Rottermann
answered on Aug 24, 2022

You will need to provide the information requested on the I-130 related to removal proceedings but you should not need to submit any documents. Once the case gets to NVC you will likely be asked for the documents.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: First MCH was in 2011. Then few individual hearings but didn't call. Now get again MCH this month after 11 years.

CR1 thr marriage. ,I 751 denied in 2011. Applied in court for judge to review. Letter of notice of master calendar hearing in removal proceedings.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 14, 2022

What is the reason you do not retain a local immigration counsel to review the I-751 denial and assess your removal case de novo?

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Small spelling mismatch in mother's passport [US citizen immediate relative green card application]

Hello! My mother's current passport has a small spelling mistake (an extra character added to last name). She has already used this passport and traveled to the US with it. Before applying for her green card, we will try to amend the mistake and get her a new passport issued with the correct... View More

Giselle M. Rodriguez
Giselle M. Rodriguez
answered on Jul 29, 2022

Hi - Thank you for your case description and for explaining your concerns.

Most USCIS forms have a section/question where it asks whether the applicant has used other names in the past or at present - That may be a good starting point for you in disclosing that.

With regard to...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Is there a way to get a work permit without leaving the US if I entered with a tourist visa?

I studied architecture finished all courses but never got my degree, I gained 5 years of experience on an specific field in Mexico. I’m currently in the US, fell in love with someone and would not want to risk having to leave the US to complete a process for a work visa to work in my field.

Giselle M. Rodriguez
Giselle M. Rodriguez
answered on May 3, 2022

Good Morning:

Is the person you fell in love with in the United States a U.S. Citizen or legal permanent resident (green card holder)?

As long as you had the intention of returning to your country of origin during your recent entry into the U.S. with the tourist visa you may...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have a friend who is US naturalized citizen. He wants to bring his son here as a US citizen. How long would that take?

He may have done something, but I don't know yet. By the way, he's from GHANA. A friend is going to Ghana, and he wants to find out whether a form needs to be completed to be sent to the son? What are the required forms to be completed by both the father and the son? And how long does... View More

Agnes Jury
Agnes Jury
answered on Mar 20, 2022

He would start by filing form I-130 with USCIS (see: www.uscis.gov). Your/your friend's questions would be answered best by doing a consultation with an experienced immigration attorney. You can find one here on Justia.com, Avvo.com or AILA.org. If your friend can't find an attorney to do... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My n400 got denied and I need some more advice

I applied for n400 about a year ago and got denied on grounds of not being in the same state with my husband. We were both in school then. Now graduated and living together happily and wanting to reapply again. Any advice will be great

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Mar 2, 2022

You may reapply for naturalization in the United States filing a new form N-400 but I strongly suggest you do not do it on your own and consult to fill out prepared the form and submit all the bona fide proofs of your current marriage with a licensed Immigration Attorney.

1 Answer | Asked in Immigration Law and Gov & Administrative Law for Massachusetts on
Q: Can your tourist visa be taken away if you stay 4 months in the United States?
Giselle M. Rodriguez
Giselle M. Rodriguez
answered on Feb 26, 2022

Good Afternoon:

This depends on your individual circumstances and on your immigration history.

In general, the period of authorized stay in the United States on a tourist visa is 6 months, but always verify the actual stamp on your passport because it is there where you will be...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: You I am on STEM opt cap gap, can I transfer H1B visa before October 1??? Provided I get H1B approval notice in may???
Duo Liu
Duo Liu
answered on Feb 22, 2022

This is not an accurate question. You need to provide more facts to get an answer. In order to get an answer for you, I may ask 1) has the H1B been filed? If so, when was it filed? If not, when will it be filed? 2) Is premium processing required for the H1B petition? 3) What date was put as... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can a veterinarian on a j2 visa volunteer in an animal shelter without work permit
Duo Liu
Duo Liu
answered on Feb 21, 2022

It depends, but most likely the answer is yes.

Employment authorization may not be required when the work performed can be considered volunteering as defined by the USCIS. J-2 dependents cannot be unpaid volunteers in positions where others receive compensation to perform the same services....
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: My sister i-130 priority date is 10/18/2011. Can a lawyer help to find out the case status? Thank you!
Giselle M. Rodriguez
Giselle M. Rodriguez
answered on Jan 19, 2022

Hi - thank you for your question. The case status would depend on who petitioned for your sister and the country.

The below links might be helpful for you:

1. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-january-2022.html...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: renewing EAD under C8 category pending asylum?

Hi, I'm renewing EAD under C8 category pending asylum and noticed there are two fees $410 plus $85 biometric, should I send two checks/ money order or only one?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Jan 5, 2022

It is recommended send two separate checks: make one payable to the U.S. Department of Homeland Security form I-765 for $410 and another one for eighty five dollars for biometrics. If the USCIS captures the biometrics from its database then it would return the second check to the Applicant.

4 Answers | Asked in Immigration Law for Massachusetts on
Q: K1 home situation

Hi, I have some doubts on the address that I need to put on the ds 160. My fiancee is currently living in a room and is looking for a 1bedroom apartment for us. I wanted to know what does the interview officier need to know? Would I be able to live with her in the room or should she immediatly get... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 4, 2021

As long as your immigration case is credible you have nothing to worry about, issues may arise when parties began fabricating things for immigration purposes.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Would starting a new master's program right after PhD impact my chance of filing for the EB1-A visa?

Greetings,

I hope the message finds you well. I am an international graduate student and I recently defended my PhD dissertation (STEM field). I intend to file for EB1A visa; I think I've met 3 out of the 10 criteria. Then there's that second part from USCIS that reads... View More

Samuil Buschkin
Samuil Buschkin
answered on Nov 16, 2021

The definition of extraordinary ability is a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor. You prove extraordinary ability by showing “sustained national or international acclaim” and that your... View More

3 Answers | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Which work Visa do I need as a Bangladeshi citizen to work @ a Coffee business in Boston MA. They are my ex UK employer.

Dear Sir/Madam,

I am from Bangladesh, I recently received job offer from an employer in US and I would like to know what's the procedure for Bangladeshi citizens to be able to meet the immigration requirements. I will be working at a Coffee chain shop in state of Massachusetts which I... View More

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Nov 7, 2021

You may qualify for an L visa or you will need an H visa. More information is needed. Secondly, it is the employers responsibility to take care of the initial visa requirements for the employee. I suggest you have the emplooyer contact an experienced immigration attorney.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Will applying for CPT conflict with my marriage-based green card application?

I'm currently on F-1, but I'm waiting for my marriage-based green card interview date and work permit (I already did my biometrics). I wish to apply for CPT for an employment opportunity directly related to my course of study (I'm a Ph.D. student and already used my OPT after my... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 24, 2021

No.

You may apply for your OPT EAD as planned which would not affect your pending AOS LPR case.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have changed my status from an F-1 to an H1B visa on US soil. Do I have to be out outside the US to renew my visa?

I had an f1 visa on my passport and I do not have an h1b visa stamped on my passport, however, i got a legal status for a h1b last October (2021). I wanted to enter my visa and was hoping that this would allow me to travel internationally, however my visa on my passport is still an F1.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 19, 2021

Immediately advise your assigned immigration attorney retained by the sponsoring company.

2 Answers | Asked in Immigration Law for Massachusetts on
Q: Could I face issues while renewing 10yr E19 GC, if I get divorced before 2 yrs of receiving it? I had a 10 yr+ marriage

I'm an Indian citizen holding an E19 Green Card that was issued in Aug '20. I separated from my husband around July '21 due to irreparable issues in the marriage. We both want to apply for a mutual divorce by Nov, '21. The green card is a 10-yr one. My marriage has been of 10.5... View More

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Oct 12, 2021

As the spouse of a priority worker you derive your status from his status. You indirectly received your LPR status through marriage. There may be questions regarding whether the marriage was a legitimate marriage. However, given the length of your marriage it is unlikely. If asked, it sounds like... View More

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