Massachusetts Immigration Legal Questions

Generally speaking, the SOC code on the H1B registration, LCA, and I-129 petition should be consistent. USCIS adjudicators crosscheck the SOC code on all three applications, and inconsistency would invite a RFE and likely denial. In your case, with the initial SOC of 43-6012 being legal secretaries and administrative assistants and SOC 23-2011 being paralegals and legal assistants, it is apparent that the latter SOC code is better suited to fit the H-1B requirement of the position being in a specialized occupation. There is also the issue that the wage for SOC 43-6012 is less for legal secretaries and administrative assistants than for paralegals and legal assistants and that the organization may have used that fact to get a higher level wage thereby increasing the chances of the H-1B registration being selected. Perhaps the best solution is to continue using the SOC code and explain exactly how the job in question qualifies as a specialty occupation requiring at least a specialized baccalaureate degree.... Read Answer

USCIS has been known to give difficulty where H1B beneficiaries who were selected in the H1B registration process attempt to transfer to a new employer before October 1. The best scenario would be for you to work for the company that applied for your H1B registration/H1B petition after October 1 and then present paystubs from that employer in support of your transfer petition. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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

The H-1B modernization regulation that was just passed should not have any effect upon the way that USCIS looks at your qualifications. The language favors a less restrictive interpretation in that it switches from requiring a degree “in the specific specialty” to a degree “in a directly related specific specialty” and the definition of “directly related” is “a logical connection between the required degree, or its equivalent, and the duties of the position.” USCIS will not focus on degree titles, liberal arts, etc., and consider whether the “actual course of study is directly related to the duties of the position”. Your degree in mechanical engineering combined with years of experience which were determined to be the equivalent of a bachelors in computer information systems and engineering should in my opinion still enable you to obtain a H-1B extension barring no further issues in your case. 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

Most classes of appeals to the Administrative Appeals Office are being completed within six months. As a general question, many law firms including ours have had success with I-140 appeals. From the time that a PERM application is begun, an approximate time for an adjudication in a case that moves normally is two years. To your question of whether you should consider requesting your attorney to file in an I-140 next year if your new PERM is still pending and your appeal is denied, I cannot give an answer as I do not know your situation well enough to comment. 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

F-1 student visas are given in the discretion of US consular officers. If they believe that you would maintain nonimmigrant status while in the US and leave if and when your schooling ends, they are entitled to give you the F-1 visa. The consular office will judge your acceptability on the totality of circumstances, not just that your father has filed a petition for you. 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

Generally the rule is that an individual file for asylum within 1 year of coming into the country, you did not mention how long you have been in the States. There is an exception to the 1-year rule if it is due to things like Change in Circumstances/Extraordinary Circumstances. Strongly you recommend getting with an immigration attorney to review your case.... Read Answer

I do not see that there would be a problem with you flying overseas to another country if you are the subject of a shoplifting charge. The difficulty may be with the return to the US, especially if you have to obtain another visa at an American consulate or embassy. In such case, the nonimmigrant visa application form asks you to answer whether you have ever been arrested. 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

On OPT, a student is allowed to work in the field related to the schooling major. I am not quite sure what you mean “apply for a contract”, but if you mean self-employment, that is also allowed in your field of study. 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

A J-1 medical residency automatically invokes a two-year foreign residence requirement which is usually difficult to waive in a situation like yours. If your wife can obtain the position under H-1B, that would probably be a better choice. Unless your wife has a waiver or has served out the two-year home residence requirement, she is not eligible for permanent residence. Under a two-year residence requirement, an individual cannot assume a H category visa status. Waiver would only be available where extreme hardship would occur to a US citizen or permanent resident spouse or child if the waiver is not approved, or your wife would face persecution in the home country, or your wife obtains an interested US governmental agency waiver, or qualifies for a Conrad-30 state medical waiver. Assuming that you receive your permanent residence in 2-3 years, you can begin to sponsor your wife, but she would not be eligible for permanent residence finalization unless she has obtained a waiver or fulfilled the two-year residence requirement. 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

If there was nothing more than an overstay on the F-1 visa status and USCIS did not give you a denial or revocation of that or a further status, and you were never the subject of removal proceedings in which you received an unfavorable decision of the immigration court, you would not be subject to the 10 year bar for overstay. Under those circumstances, you might be able to travel overseas and return with a nonimmigrant or immigrant visa. I note that an American consular officer may be reluctant to give you a nonimmigrant visa based on discretion like B-1/B-2 visitor or F-1 student. Because you are no longer legal in the United States, you would not be allowed to regain valid nonimmigrant status except to leave and return. You would generally also not be allowed to adjust status to permanent residence here unless you married a US citizen or had a USC child over the age of 21 sponsor you or you are the beneficiary of §245(i) which allows adjustment to undocumented immigrants who have a basis for such and had a labor certification or immigrant petition filed on their behalf by April 30, 2001, and last entered the US by December 21, 2000. 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 may look into the Violence against Women Act (VAWA) to see if you qualify in the event that your circumstances become so intolerable that you cannot wait for the interview or your husband will not support your case for the green card to maintain a hold over you. USCIS has the following on eligibility on its website: You were subjected to battery or extreme cruelty by your U.S. citizen or lawful permanent resident relative during the qualifying relationship. (If you are applying as a spouse, you may also be eligible if your U.S. citizen or lawful permanent resident spouse subjected your child to battery or extreme cruelty); You are residing or have resided with your abusive U.S. citizen or lawful permanent resident relative; and You are a person of good moral character. If you are self-petitioning as the spouse of an abusive U.S. citizen or lawful permanent resident, then you must also demonstrate that you entered into the marriage in good faith and not for the purpose of evading immigration laws. If you decide to move forward, you would either file form I-360 with all your evidence alone or concurrently with an I-485 application to USCIS’s Vermont service center at: USCIS Vermont Service Center 38 River Road Essex Junction, VT 05479-0001 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

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

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

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

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

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

The area of citizenship for children born outside the United States is many times complex and from what you are stating, I doubt that you were a citizen at birth. I suggest that you ask your parents whether they have a copy of your green card or even wrote down your alien registration number. The alien registration number would start with the letter A and be followed by eight numbers in blocks of two, three and three. If your parents did not keep the number, you could perhaps find it through your Social Security record. If you do have such, you could perhaps file a request on Form I-90 for a replacement green card explaining your situation to USCIS along with attaching whatever evidence that you have of your entitlement to the card. Good luck! 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