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Massachusetts Immigration Law Questions & Answers
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.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Possible to marry an immigrant legally months before the wedding to obtain legal status, so honeymoon can be out of U.S

Will begin living together only after the wedding.

Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2018

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...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: So I just found out that my girlfriend is an illegal immigrant. She overstated her visa by over a year.

She hasn’t consulted a lawyer. What are her options? She’s planning on going back home. If she does that what will be my options to get her back in the country if we stay together?

Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2018

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...
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1 Answer | Asked in Immigration Law for Massachusetts on
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?

My passport expired in 10 month after I graduate.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Dec 17, 2018

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.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Hello I want to get marry to my boyfriend which Visa process is faster k1 visa or spouse visa ?

I met my boyfriend 4 years ago while I was taking english class . My daughter was born in the Usa, me and my daughter we lived in my home country .my boyfriend and I want to get marry but we not sure which process is better and faster .

Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2018

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

1 Answer | Asked in Criminal Law and Immigration Law for Massachusetts on
Q: Shoplifting conviction over 15 years ago. how do i get it expunged. I live in MA. Can I also apply for citizenship?
Melvin Alanson Heard
Melvin Alanson Heard
answered on Nov 2, 2018

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...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: I divorced in US but still married in RF. Do I need to provide decree of separation from RF to apply for citizenship?

The marriage in RF is still valid as the divorce did not take place de jure yet. Will this have any implications on my citizenship application in US? Or do I have to get divorced in Russian Federation as well in order to apply? I am legally divorced in US.

Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 1, 2018

US government will give full faith and credit to your USA divorce. You can submit it with your US citizenship application

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: can i apply for citizenship after a shoplifting conviction
Peter N. Munsing
Peter N. Munsing
answered on Oct 11, 2018

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.

1 Answer | Asked in Immigration Law for Massachusetts on
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?

My wife and I were in a serious relationship since 2010 and we got engaged in the summer of 2016. In October of 2016 she applied for a tourist visa in Morocco to come for a short trip to see her uncle who's a US citizen (he sent her an affidavit of support), and I planned to go see her for few... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 11, 2018

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...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I get an artist visa when I've worked at a temp agency?

I'm a music graduate from Berklee, and work at two music schools part-time. I did work for temp agency to supplement my income, but will that ruin my chances of getting the O1 visa?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 2, 2018

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.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Question regarding my cos h4 to f1

I applied for h4 to f1 in oct 2017. Its been nearly a year but still no response from USCIS. So, I can go stamping in the middle of semester with i20?

OR I need to apply with i20 before the semester begins?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 28, 2018

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... View More

1 Answer | Asked in Immigration Law for Massachusetts on
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?

I have an approved O-1 visa petition and my status will adjust to O-1 on Oct 14. Currently I am in valid H-1b status but my current job ends on Sept 30 so I will be around 2 weeks with no status in between jobs.

I want to apply for the EB-1A green card but don't want to mess up my... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 19, 2018

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... View More

1 Answer | Asked in Immigration Law for Massachusetts on
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?

I am post-doc fellow working on J1 visa. I am already in the process to get J1 visa waiver. Now I am planning to get married in India and bring my wife to USA. Will she also need J1 waiver to go on H1B dependent status? If yes how should she apply for J1 waiver as I have already filed mine.... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 10, 2018

If your wife has never been to the US on a J visa, then she shouldn’t need a waiver.

1 Answer | Asked in Immigration Law for Massachusetts on
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

renew or her green card. What forms do I need to complete and is it 3 or 6 months prior her green cards expiration date?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 23, 2018

Within 90 days of the expiration of her green card, you both must file form I-751, Petition to Remove Conditions on Permanent Residence.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Could I be a U.S citizen already?

I'm a LPR & have been since 1993. My mother became a naturalized citizen in 1997 when I was 14yrs old. My father died in 1999 in Jamaica when I was 16yrs old. They were married but he never came to the U.S. I would like to apply for N600 for my certificate of citizen but want to make sure... View More

Kevin L Dixler
Kevin L Dixler
answered on Aug 8, 2018

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.... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: When do you need an Adam Walsh waiver?

She was 16 I was 21. I was charged with sexual assault and domestic assault. The state dropped the sexual assault charge. I never registered on any list. Do I still need the waiver ?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Aug 7, 2018

It is unlikely that you will need to even file this waiver; however, if it is requested, you need to show that you are not going to be a threat to the relative you wish to bring over. The fact that the case was dropped would work in your favor.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I file a I 130 form in order to give MY FATHER a a green card?

I am about to become U.S. citizen and I would like to file a relative petition for my father who entered legally with VISA in U.S in 1998 and stayed unlawfully present for 1 year until he went back to Brazil. But In 2000 at the airport he was DENIED ENTRY and turned back to Brazil. One year later... View More

Noah Klug
Noah Klug
answered on Jul 30, 2018

Yes, you can still file for him. As an "immediate relative," his past immigration violations are essentially forgiven under the law.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: How do I apply for EAD/AP card replacement

I have filed for I485, and EAD/AP card. I receive the I797 saying that my EAD/AP card are approved and will be sent to me. 2 months later, now, I realized I could check the status online and realized that EAD/AP is "delivered" to some unknown places. I think the possibility of letting... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Jul 5, 2018

You can refile the two applications for no fee because they are based on a pending adjustment application. The basis is a lost/stolen card.

2 Answers | Asked in Immigration Law for Massachusetts on
Q: If my current partner files for someone else years ago could she file for me now?

My partner is puerto rican and she was married to a man who did not have documents. She filed for residency and then years later she was divorced. Now we are together and my visa has expired. We have a child and plan to marry but I would like to know if her previous filing would affect me when she... View More

Carl Shusterman
Carl Shusterman
answered on Jun 28, 2018

Once you are married, your wife can sponsor you for a green card. Her previous application for her former husband should have no bearing on her ability to sponsor you.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Is there any another preferable country for COS h4 to f1 visa stamping other than Home country and Canada?
Carl Shusterman
Carl Shusterman
answered on Jun 19, 2018

Generally, you need to return to your home country to apply for an F-1 student visa.

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