Massachusetts Recent Legal Answers from Lawyers

If your mother has an “active” green card which is not expired and has not been out of the US on this trip one year or more, she would be able to return on the basis of the green card by presenting it to the air carrier and to U.S. Customs and border (CBP) inspection officers. If the green card is not expired, but your mother has been out of the US for one year or more and a reentry permit is expired, she may be able to present the green card to the air carrier and U.S. Customs and border inspection officers along with explanations and proof as to why she did not reenter the US within one year of leaving. If CBP wishes to admit her with a waiver, it can allow her to fill out and pay for an I-193 application for waiver of passport and/or visa. An alternative for your mother is to apply to the consulate or embassy for a special immigrant visa (DS-117) if she is able to prove that she had a good emergency reason for not being able to return to the US within the one-year validity date of the green card or the time on a reentry permit. On the other hand, if she is abandoning the green card now, she would send in the I-470 form to the Williston, Vermont, address on the instruction to the form, and then could possibly apply for and obtain a visitor’s visa from the American consulate or embassy. With reference to an I-131, a reentry permit cannot be applied for by an individual outside the U.S.  Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Good Morning:   Massachusetts is a lifetime lookback state. That means the RMV will enter and suspension for OUI/DUI offenses that occured out of state whenever they are notified. We should be able to help you however get any suspension backdated to the conviction date and not commence on the date the RMV is notified. Please feel free to call the office at 978-612-6447... Read Answer

The qualifications for a L-1 visa are that you worked overseas for an affiliate, subsidiary, division, or for the same company for at least one out of the past three years prior to filing for the L-1 in an executive, managerial, or specialized knowledge position. If you qualify, you or the company may wish to set up an appointment with an immigration lawyer to go over the particulars of your situation and that of the company. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

You must be 21 on the date of filing. If you file papers for your parents prior to your turning 21, the petitions will unfortunately be denied. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

You are not a naturalized citizen unless you filed form N-400, took the exam, and attended the interview after age eighteen.  Instead, you are 'arguably' a derivative citizen.  Perhaps, only a permanent resident. If both of your parents 'naturalized' before your eighteenth birthday, then you will need both certificates.  Due to the fear of losing those certificates, you may have to offer up your green card and photocopies of the certificates. If you don't have a green card, you will have a problem!   If you don't have the certificates and only have copies, you really need to file for a citizenship certificate with form N-600. based upon arguable derivative citizenship.  Most attorneys, including myself, strongly recommend that you file the N-600 before the certificates are lost.  Otherwise, you may never be issued a U.S. Passport, again! The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

More information is needed about the drug distribution charge, that is, whether it resulted in a conviction for immigration purposes or whether the U.S. now considers him a drug trafficker, who may be indefinitely inadmissible without further information.  Also, whether you are a U.S. citizen, who is at least 21 years old.  The information concerning your dad's arrest ought to be carefully reviewed before you decide whether to petition your dad.... Read Answer

In the month of February 2022, the dates for filing visa chart for most countries of the world other than India, Mexico, and the Philippines (longer waiting times) is only up to October 1, 2007. The dates for filing chart controls the time that further steps short of immigrant visa interviews can begin. The final action dates chart which controls when immigrant visa interviews can be scheduled and immigrant visas issued is currently only up to March 22, 2007 for most countries of the world. With an August 2008 priority date, your brother will have to continue waiting. Unfortunately, progress in your brother’s category has been very slow recently. Hopefully it will begin to speed up soon. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Yes, we would be happy to assist you with your case. We handle cases in the United States and all over the world, so if you entered into a marriage with a foreign national and you are overseas, you would have to process at the US consulate there. The case process ends in a marriage interview at the US consulate, where you will be asked questions on whether the marriage is bona fide and entered into in good faith. Additionally, you have to convince the consulate officer interviewing you that you have made concrete plans to return to the United States with your wife, and produce evidence at the interview that you have taken those steps. Feel free to contact me by phone or email and either myself or my co-counsel will arrange to discuss your case with you. ... Read Answer

It is difficult for me to envision that you would have a problem with status given the fact that you submitted your application on time even if H-4 application was not approved for several months thereafter. A copy of the receipt of filing or approval would show the date that your application was received by USCIS, and that should be sufficient evidence to a USCIS officer that you have been maintaining legal status. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

You can apply for an advance parole document, but should be aware that except for emergencies, applications can take over six months to process at this time. Insofar as problems perhaps arising with an advance parole document in your situation, you may be on tenterhooks if the I-485 application is denied while you are outside the country. At that point, you might be at the mercy of the local CBP practice on the admission of denied I-485 applicants holding advance parole documents. In many quarters, it is thought that legally speaking, the advance parole automatically expires with the I-485 denial since the advance parole is an ancillary application to the I-485 and its life is dependent on the fate of the I-485. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

There are potential Probate Court proceedings that could make sense here if your sister is not acting appropriately. A Guardianship proceeding is initiated to deal with personal and health care issues, and a Conservatorship proceeding is initiated to deal with financial issues. To get some initial direction, you may want to call your local Council on Aging and tell somebody there the dilemma you are facing.... Read Answer

Your friend has to qualify for a visa on his own merits. He starts by applying for a B2 visa at the US Consulate in his country of residence. Documents to establish his intention to return after his visit is completed would be income tax returns showing steady and gainful employment, a letter from his employer, pay stubs fro three months and a deed to property ownership, if any. ... Read Answer

Dear Anonymous,    In a long term marriage, the marital estate is typically divided equally. If your home life is unbearable, your first step should be to determine what you need to do to make life at home pleasant. This may mean moving out or asking your spouse to move out.  You should contact several divorce attorneys to help you find one that is a good fit for your individual needs. ... Read Answer

Dear Anonymous,  What you are going through is very difficult. You have the right to be respected as a Wife and Mother. If you are not already in counseling, then I suggest that you seek a therapist to help you process your emotions during this time. If you are thinking that you are ready to end the marriage, you should consult several different divorce attorneys to help you better understand your options and find someone that you are comfortable with.  Do not hesitate to contact my office. ... Read Answer

Perhaps a "demand letter" carries some legal force in another state, but in Massachusetts it may amount to no more than a scare tactic. Perhaps the demand letter was sent with the intention of trying to get you to make payments that you may not be responsible for making. There are extensive legal procedures that creditors must follow before the situation would ever get to the point where a sheriff could be involved. A lawsuit would have to be filed on a timely basis against your husband's estate (and perhaps against you, if the creditors are claiming that you bore some responsibility for or received some benefit from the debt). The estate would have the right to file an answer to the lawsuit, and the creditors would have to prove that they have a valid debt.... Read Answer

The need for probate would exist if the real estate were in your mother's sole name at the time of her death. Whether probate is needed for real estate after someone's death is not based on how much it is worth. Perhap the best way to think of whether probate is needed is to ask this question:  If the real estate were being sold, who would be able to sign the deed, and what would give that person the right to sell the real estate that is in somebody else's name?... Read Answer

While an intending immigrant’s assets can be used to provide for support if the petitioner does not have the ability to support on his or her own, an immigrant’s overseas job income is generally not considered for purposes of an affidavit of support since the immigrant is coming to the US and supposedly giving up his or her position in the home country. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Your father can name you his agent under a Durable [Financial] Power of Attorney, giving you access to his finances while preserving his, and under a Medical Power of Attorney, allowing you to speak for him when he cannot communicate.  The earlier these are in place, the better.  To make sure they give you all the authority you need (applying for Medicaid, hiring home health, paying taxes, redirecting mail if he moves, etc.), talk with an elder law attorney.  Don't just download some "one size fits all" form.  You can find an elder lawyer near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org),... Read Answer

Your mother's debt is her debt and the debt of her estate.  It is not your debt.  While it must be paid before anything is distributed to you and your siblings, you do not need to pay it.  If the debt seems likely to be greater than the assets, let some creditor pay to probate her estate.... Read Answer

Eight years or eighty years makes no difference:  married is married.  In some states a surviving spouse has a lifetime right of occupancy even without a written agreement.  In some states the home automatically passes to the surviving spouse.  In some states the spouse has a lifetime right of occupancy and a 1/3rd interest in the home if it is sold.  Check with a Massachusetts probate attorney.... Read Answer