Massachusetts Immigration Legal Questions

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255 legal questions have been posted about immigration by real users in Massachusetts. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include asylum, green cards, and consular law. All topics and other states can be accessed in the dropdowns below.
Massachusetts Immigration Questions & Legal Answers - Page 6
Do you have any Massachusetts Immigration questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 255 previously answered Massachusetts Immigration questions.

Recent Legal Answers

Can I get my money back?

Answered 10 years and 4 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
You may be able to get your money refunded if no work was done. You coukd contact the attorney directly and request a return of your money including the government filing fees. You could also file a lawsuit against her. Depending upon the amount involved, you may be able to file a small claims action. You may also want to contact the state bar association. There may be an arbitration process available regarding attorney's fees. New York offers such a program and many people take advantage of it as there are less procedural hurdles involved.... Read More
You may be able to get your money refunded if no work was done. You coukd contact the attorney directly and request a return of your money including... Read More
As we just had an approved cancellation of removal get to the point of visa availability, I can tell you that it takes approximately 3 years currently from the date of filing. 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 More
As we just had an approved cancellation of removal get to the point of visa availability, I can tell you that it takes approximately 3 years... Read More

How to apply for green card and health benefit for my father

Answered 10 years and 5 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
You may not petition for a parent to receive an immigrant visa until you are a United States citizen. You must also be over the age of 21. You can find more information about petitioning for a family member at http://myattorneyusa.com/immigration-law-and-practice/immigration-to-the-usa/family-immigration. You should contact  agency that specializes in health benefits to see if your father qualifies.... Read More
You may not petition for a parent to receive an immigrant visa until you are a United States citizen. You must also be over the age of 21. You can... Read More
The child would not necessarily automatically be a United States citizen, but the father could petition for the child to become a lawful permanent resident. 
The child would not necessarily automatically be a United States citizen, but the father could petition for the child to become a lawful permanent... Read More

Do I provide separate checks for biometric services and naturalization application?

Answered 10 years and 6 months ago by attorney Doreen A. Emenike   |   1 Answer   |  Legal Topics: Immigration
Hello, Both methods are fine. Our law office has used separate and single checks at different times without any problems. Good Luck.   Disclaimer:The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney.     ... Read More
Hello, Both methods are fine. Our law office has used separate and single checks at different times without any problems. Good... Read More
Congratulations on your eligibilty for US citizenship! You do not need to send in all the bank statements and tax returns at this time. You should take them with you to your interview. The Immigration Officer will need to see evidence from you that you and your spouse are still married, living together, and have a joint financial relatinship. That could include things such as a lease, a mortgage, utility bills in both names, a few months of bank statements, joint car insurance, life insurance, cell phone bills, etc.... Read More
Congratulations on your eligibilty for US citizenship! You do not need to send in all the bank statements and tax returns at this time. You should... Read More

Visa for Cancellation of removal

Answered 10 years and 6 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
Visas become available on October 1st when the new fiscal year begins. However, you will likely not recei a visa. The demand for visas for cancellation of removal is much greater than the number of visas available. Aproved cases are essentially put in a line based upon date approval. Those waiting longest will be given a visa first. It may be months or even another year before a visa is available to you. ... Read More
Visas become available on October 1st when the new fiscal year begins. However, you will likely not recei a visa. The demand for visas for... Read More

what to do if i cant find my original passport

Answered 10 years and 6 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
You will need to explain what happened to USCIS in a written response. You need to submit this request  within the timeframe provided by the immigration officer. Did you file a police report or notify your consulate of the lost passport? Do you have a copy of your passport? Did you apply for a new passport yet? If so, submit this evidence with the response. If not, you should contact the police and/or your consulate immediately.... Read More
You will need to explain what happened to USCIS in a written response. You need to submit this request  within the timeframe provided by the... Read More

Can i be deported?

Answered 10 years and 6 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
You can be removed from the United States at any time after you violate your nonimmigrant status. You are currently present in the United States without authorization and as such can be removed at any time. You are not entitled to removal proceedings as you waived such rights when entering the United States under the visa waiver program. There are numerous visa options available to individuals from Portugal, but once you fail to maintain status most options disappear. ... Read More
You can be removed from the United States at any time after you violate your nonimmigrant status. You are currently present in the United States... Read More
As the client has an order of deportation, he would have to have that removed before he could be restored to a permanent resident and allowed to come back. His attorney should file a motion with the court of deportation to have his case reopened. He or she may have to deal with the question of what happens next in the criminal proceedings after the withdrawal of the guilty plea. Also for what reason the court vacated its order. 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 More
As the client has an order of deportation, he would have to have that removed before he could be restored to a permanent resident and allowed to come... Read More

Can I still apply for citizenship if I was on probation for a&b

Answered 10 years and 6 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
You can apply for citizenship even though you were charged with assault and battery in 2008. Since the crime was committed over five years ago, that would be outside the required period of good moral character. An immigration examiner would look at the severity of the offense to determine whether he or she would consider it further in adjudicating your citizenship application even outside the five-year period of good moral character. 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 More
You can apply for citizenship even though you were charged with assault and battery in 2008. Since the crime was committed over five years ago, that... Read More

How do I best prove physical presence in the U.S. for the purpose of naturalization?

Answered 10 years and 6 months ago by Alexander Joseph Segal (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
You need to carefully read the instructions to N400. this information is there.  You can also read the article below to start your research:   How to Apply for Naturalization In the USA. 
You need to carefully read the instructions to N400. this information is there.  You can also read the article below to start your... Read More

Do I have to physically be present in the state that I am applying from 3 months prior to filling for citizenship?

Answered 10 years and 6 months ago by Alexander Joseph Segal (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
You have to be a resident of the state in which you file the petition at least for 90 days prior to the day when you filed that petition. Whether you are physically present in that state at the moment you drop the envelope containing N400 in the mail is irrelevant.    How to Become Naturalized. ... Read More
You have to be a resident of the state in which you file the petition at least for 90 days prior to the day when you filed that petition. Whether you... Read More

Indian Born Australian Citizen - Green card

Answered 10 years and 6 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Applicants for permanent residence in the U. S. are generally charged to the country in which they are born, not to the country of citizenship (if different). You would be charged to the India quota unless neither of your parents was born in and neither of your parents had a residence in India at the time of your birth. 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 More
Applicants for permanent residence in the U. S. are generally charged to the country in which they are born, not to the country of citizenship (if... Read More

green card holder want to apply for US citizenship

Answered 10 years and 7 months ago by attorney Doreen A. Emenike   |   1 Answer   |  Legal Topics: Immigration
Hello, The result would be different if you have traveled less during the past few years. However, without knowing how often you are out of the U.S., it would be difficult to let you know if you can expect success this time. You may want to speak to an attorney and give them a list of your travel dates outside the U.S. so that they can help you find out what the likely result may be. Good luck.   The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney.     ... Read More
Hello, The result would be different if you have traveled less during the past few years. However, without knowing how often you are out of the... Read More
Hi. She will need a valid passport. However, if she has been here that long, she will be barred from coming back to the US for 10 years. 
Hi. She will need a valid passport. However, if she has been here that long, she will be barred from coming back to the US for 10 years. 

Bring my wife to usa

Answered 10 years and 7 months ago by Wendy Barlow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Immigration
Based upon the information provided your only option is to marry outside the United States. Once you have married, you can file an immigrant visa petition on her behalf with USCIS. The process will take approximately two years.      
Based upon the information provided your only option is to marry outside the United States. Once you have married, you can file an immigrant visa... Read More
There is nothing wrong with the way that your company intends to process your case. The L-1 visa is one that is dual intent – that is, a beneficiary can have both the intent to immigrate and the intent to stay in the U. S. on nonimmigrant visa only. The order of whether to file the EB-1C petition at this time or later should not matter. The adjudication of the EB-1C category case will usually take longer than the processing of an L-1 extension anyway. Generally speaking, trouble with the EB-1C I-140 petition does not have much impact upon an L-1 extension in our experience. However, if you are concerned, you can ask your company to file the L-1 extension through premium processing and wait until it is approved before filing the EB-1C case. . 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 More
There is nothing wrong with the way that your company intends to process your case. The L-1 visa is one that is dual intent – that is, a... Read More

Will I be under the 10 years penalty?

Answered 10 years and 7 months ago by attorney Harun Kazmi   |   1 Answer   |  Legal Topics: Immigration
Since you overstayed and left, you are barred for 10 years. It is not worth trying to get a tourist visa. When your child turns 21, you should them file for your green card. You should be prepared to document when you left the US, so that you account for the 10 year bar.
Since you overstayed and left, you are barred for 10 years. It is not worth trying to get a tourist visa. When your child turns 21, you should them... Read More

overstayed visa

Answered 10 years and 7 months ago by attorney Harun Kazmi   |   1 Answer   |  Legal Topics: Immigration
Hi. Your only option to fix your status is marriage to a US citizen. It will also depend on the type of visa you entered with 2.5 years ago. 
Hi. Your only option to fix your status is marriage to a US citizen. It will also depend on the type of visa you entered with 2.5 years ago. 

Filing from permanent green card after getting a divorce.

Answered 10 years and 8 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
You can file for removal of the conditional basis of your residence status alone if you have a divorce upon a showing that the marriage was bona fide at its beginning. You can put together all evidence that you and your husband were living together such as lease or deed, rent receipts, tax returns, utility bills, cable bills, credit card statements, photographs, sworn statements of others, etc. 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 More
You can file for removal of the conditional basis of your residence status alone if you have a divorce upon a showing that the marriage was bona fide... Read More

why my H4 visa denial without any reasons?

Answered 10 years and 10 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
It is difficult to say why you had an H-4 visa denial, especially if there is no reason given for such. This is a complaint that many immigration lawyers have with consular decisions on nonimmigrant visas – lack of explanation. I do not believe that not writing an SSN on the DS-160 form would be a cause of denial. If you did not disclose that you were in the U. S. previously on a J-1, that could be seen as dishonest. Work in the Lithuanian military may be a cause of concern if it involved specialized skills or training in firearms, explosives, nuclear, biological or chemical experience. There is also a chance that the consular officer was not entirely convinced of the bona fides of the marriage taking into account your husband returning to the U. S. so quickly after the date of your marriage or the impression that you gave at the interview. But again, it is difficult to say why, and if you wish to try to obtain more information, you can ask for reconsideration or file another non-immigrant visa application at the consulate. 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 More
It is difficult to say why you had an H-4 visa denial, especially if there is no reason given for such. This is a complaint that many immigration... Read More

Italian citizenship/Brazilian citizen in the U.S.A.

Answered 11 years and 2 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Unfortunately an Italian passport will not help out your present situation. As a beneficiary of DACA approval, you are constrained by US immigration laws so that you cannot leave without forfeiting your status unless you obtain advance parole which is only given for humanitarian reasons, business or study purposes.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 More
Unfortunately an Italian passport will not help out your present situation. As a beneficiary of DACA approval, you are constrained by US immigration... Read More

K-1 Visa

Answered 11 years and 4 months ago by attorney Harun Kazmi   |   1 Answer   |  Legal Topics: Immigration
Hello. No you cannot. If you go to his country and marry and you will have to file a marriage case. You cannot proceed with the fiance visa if you get married. If you marry, that will take a year. The fiance visa normally takes 7-9 months for the alien to arrive in the US.  
Hello. No you cannot. If you go to his country and marry and you will have to file a marriage case. You cannot proceed with the fiance visa if you... Read More

I'm having a cancer tumor removed

Answered 11 years and 5 months ago by attorney Harun Kazmi   |   1 Answer   |  Legal Topics: Immigration
Hello. Her best option is to get a tourist visa. She can apply directly at the Embassy and prove why she is coming and that she will return to DR. This will include your medical information, her money and job in DR, etc. Let em know if she would like assistance. 
Hello. Her best option is to get a tourist visa. She can apply directly at the Embassy and prove why she is coming and that she will return to DR.... Read More