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Massachusetts Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Massachusetts on
Q: Is it illegal to separate children from parents without cause?

Children are being separated from their parents upon entry to this country for the purpose of pressuring some who seek amnesty at the border and or pressuring members of Congress to pay for a wall to deter immigration.

Carl Shusterman
Carl Shusterman
answered on Jun 18, 2018

This is up to the Federal Courts to determine. It certainly is a very cruel way of pressuring those seeking asylum in the US not to do so.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: I asked the last question about H1B after OPT, I want to apply for any photo ID that I can carry with me.
Carl Shusterman
Carl Shusterman
answered on Jun 14, 2018

Sure, you can apply for a drivers license.

2 Answers | Asked in Immigration Law for Massachusetts on
Q: I was on OPT and I transferred to H1B status without leaving the US (have no valid visa) Can I apply for government ID?

I was on OPT and I transferred to H1B status without leaving the US, my F1 visa has expired and I didn't get H1B visa stamp in my passport because I didn't leave the US. Can I apply for government photo ID?

Carl Shusterman
Carl Shusterman
answered on Jun 14, 2018

You are in lawful H-1B temporary working status. What type of government ID would you like to apply for?

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I go to Canada or Home country COS stamping from H4 to f1. And I can withdraw my I-539 application from USCIS.
Carl Shusterman
Carl Shusterman
answered on Jun 12, 2018

If you exit the US while your change of status application is pending, it will be considered abandoned.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: When can I file for citizenship?

I received a green card through marriage in April 2016. My temporary green card expired in April 2018. I sent my application in March 2018 for my permanent green card. i received the 797 notice and Biometrics are done. Do I have to wait until my permanent green card is approved to submit my... View More

Carl Shusterman
Carl Shusterman
answered on Jun 12, 2018

As long as you are still married and living together, you can apply for naturalization in January 2019.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: My boyfriend has lost all of his documents in a house fire. He is not a citizen.

He came as a child and had a temporary green card that was not renewed. How do we proceed?

Carl Shusterman
Carl Shusterman
answered on Jun 11, 2018

He can get a copy of his file by filing a FOIA request with the USCIS.

Thanks to a law called the Freedom of Information Act (FOIA, for short), persons wishing to see what information and documents U.S. immigration officials have collected on them—or on another person, with that...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: How can I correct an information mix up due to a typo on an immigration FORM?

I submitted form I-821 to USCIS, but made a typo on the Alien number box (A#). A week later I received a notice of action and noticed the typo (437 instead of 347). I then received a second notice of action but this time it had someone else's name on it. I called the USCIS 1800 number but they... View More

Carl Shusterman
Carl Shusterman
answered on Jun 4, 2018

You obviously need some help. Contact one of the following:

1. USCIS Ombudsman

2. Your Member of Congress

3. An Immigration Attorney

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Is there any issue here - my daughter married a guy from France

a little over a year ago but now they are going to separate. Does that affect his status?

Carl Shusterman
Carl Shusterman
answered on Jun 1, 2018

Does he have a green card? If so, is it a 2-year green card or a 10-year green card?

If your marriage ends in a divorce before your conditional permanent residence (CPR) expires, you should submit an I-751 waiver to the USCIS as soon as your divorce becomes final.

Most foreign-born...
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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Does failure to be recruited for Egyptian mandatory military affect getting US citizenship? Read the info section please

In Egypt, we have mandatory military services for males aged 18-30. An Egyptian male can legally defer his military service for the purpose of studying abroad until he is 29, then he has to return to Egypt to be enrolled in the military or get a medical exemption. There is a situation when the... View More

Carl Shusterman
Carl Shusterman
answered on May 29, 2018

No, this should have no adverse effect on your ability to become a US citizen.

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1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: After taking a break from job, do I need to find another employer before previous employer H1B expiration date?

I am currently on H1B status which is valid till 04/07/2019 but was thinking of taking a break from job and change status to H4. If I want start a new job again after the break do I need to find one before my current H1B end date of 04/07/2019 i.e. should the new employer file for my H1B transfer... View More

Carl Shusterman
Carl Shusterman
answered on May 28, 2018

If your spouse is in H-1B status, and you wish to stop working, you can apply to change your status to H-4. As long as you maintain your H-4 status, whenever you find another employer, you can change your status back to H-1B.

Good luck!

Carl Shusterman

www.shusterman.com

1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Am I eligible to get H4-EAD using spouse's approved I140 immigration petition from previous employer?

My spouse has an approved I140 immigration petition from his previous employer. His new employer has yet to begin the green card process which is probably sometime this year. Am I eligible to get an H4-EAD with his approved I140 immigration petition from previous employer? And is it feasible to go... View More

Carl Shusterman
Carl Shusterman
answered on May 28, 2018

Since your spouse is in H-1B status and has an approved I-140, you probably are eligible for an EAD as an H-4 visa holder. The Trump Administration is considering stopping H-4 visa holders from obtaining EADs. It would be a smart idea to apply before they do so.

Good luck!

Carl...
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1 Answer | Asked in Immigration Law for Massachusetts on
Q: What is the maximum duration to stay outside US before returning back to US for visitors on B1/B2 tourist visa?

My parents are currently in US on B1/B2 tourist visa from 02/16/2018 and will be here till 07/25/2018. How long they have to be back in India or outside US so that they can travel back to US on the same tourist visa? I think the maximum duration they can stay in US is 6 months in one visit, correct?

Carl Shusterman
Carl Shusterman
answered on May 28, 2018

They can apply for an extension of their tourist status if they can show good cause to do so. If they are going to stay in the US for 6 months or more, I recommend that they return to India for a minimum of 6 months or more before seeking to return to the US as tourists.

Good luck!...
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2 Answers | Asked in Criminal Law and Immigration Law for Massachusetts on
Q: My friend was driving without driver's license he's foreign. any consequences to me if I signed to release car?

My friend was driving without driver's license he's foreign and the cops pull him over and towed his car. he's asking to get his car from towed parking lot there's any consequences to me if I signed to release his car? Any advice will be highly appreciate.

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on May 11, 2018

It is hard to say without knowing your specific circumstances, but this might be a better question for the police agency that has the car in impound.

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: During my interview for I-485 the officer told me he will denied as there is no visa available. can I apply again ?

I haven't got the denial letter yet and online status showin "interview finished and case must be reviewed", Visa not available means USCIS received my file when retrogresson started? Can I apply again before getting the denial letter.

Carl Shusterman
Carl Shusterman
answered on May 8, 2018

Need more information to answer your question. Why was there "no visa available"?

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: What do I need to have in place to hire a nanny who is not a U.S. citizen?
Shan Dimitris Potts
Shan Dimitris Potts
answered on May 4, 2018

Hello,

More information is needed to answer this question. Is the person already in the U.S? Do they have a valid work permit card? If you are planning on hiring someone from abroad you should sponsor their visa and create an employer-employee relationship. I suggest you talk to an...
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1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: After accepting an offer from company A, I received a better offer from another company. Would it be okay to tell Co. A?

My H1B is already transferred by company A. Under these circumstances what should I do, as the offer from company B would be excellent for my career?

Carl Shusterman
Carl Shusterman
answered on May 4, 2018

You can have Company B submit an H-1B petition requesting a change of employers after you work for Company A for a short time.

1 Answer | Asked in Immigration Law for Massachusetts on
Q: USCIS ask me to take biometrics to withdraw asylum

I applied asylum 3 months ago but then I received information from my home country that I am no longer in the danger of persecution. Therefore, I request USCIS to withdraw my asylum case shortly after I filed, before biometrics appointment. But USCIS responded that they will be able to withdraw it... View More

Carl Shusterman
Carl Shusterman
answered on Apr 30, 2018

Simply write a certified letter to your local Asylum Office withdrawing your application. There is no need for you to attend a biometrics appointment. https://www.avvo.com/legal-guides/ugc/asylum-winning-your-case

1 Answer | Asked in Immigration Law for Massachusetts on
Q: USCIS ask me to take biometrics to withdraw asylum

I applied asylum 3 months ago but then I received information from my home country that I am no longer in the danger of persecution. Therefore, I request USCIS to withdraw my asylum case shortly after I filed, before biometrics appointment. But USCIS responded that they will be able to withdraw it... View More

Carl Shusterman
Carl Shusterman
answered on Apr 30, 2018

Simply write a certified letter to your local Asylum Office withdrawing your application. There is no need for you to attend a biometrics appointment. https://www.avvo.com/legal-guides/ugc/asylum-winning-your-case

1 Answer | Asked in Criminal Law and Immigration Law for Massachusetts on
Q: Walked out of a supermarket with 126$ worth of groceries with nobody stoping me. What consequences can I expect?

At a self checkout machine at a supermarket there was a problem when finalizing the payment. A message prompt on screen” wait, help is on the way” My friend waited while bagging his groceries. Some time went by and nobody approached him to help. He walked out of the store confused with the... View More

Lissa McKinney
Lissa McKinney
answered on Apr 10, 2018

It seems to me that THIS TIME your friend may get by without a criminal prosecution. This might depend on whether the store had a security camera inside and outside, and whether the license plate of his vehicle or ID becomes known. Some stores have a 'take no prisoners' approach to... View More

1 Answer | Asked in Immigration Law for Massachusetts on
Q: Which way best to withdraw asylum application before biometrics or after biometrics to avoid immigration issues in futur

I am trying to withdraw my asylum application that I did 2 months ago because I found that I am no longer in danger of persecution. I did not appear at the Biometrics and request the USCIS office to withdraw it. But USCIS keeps asking me to take biometrics with new schedule to properly withdraw... View More

Carl Shusterman
Carl Shusterman
answered on Apr 9, 2018

Simply write a certified letter to your local Asylum Office withdrawing your application. There is no need for you to attend a biometrics appointment. https://www.avvo.com/legal-guides/ugc/asylum-winning-your-case

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