Massachusetts Immigration Legal Questions

If your boyfriend entered legally, and you are a U. S. citizen, you can sponsor him for the green card once you are married. The fact that you have an age difference of  20 years will be looked at by U.S.C.I.S. at the time of the interview, but that is only one of many factors that an officer looks at in determining the bona fides of a marriage case. You say that your relationship is very real and very legitimate, and so I assume that you will pass the bona fide test. I note that many entrants from Europe enter under the visa waiver program and U.S.C.I.S. in the past gave problems to those who overstayed, but that has been alleviated by recent policy that allows U.S.C.I.S. to adjudicate applications from such individuals. To start the application process, you would have to file I-130 relative petition with I-485 adjustment of status application and other relevant documentation to the U.S.C.I.S. lockbox in Chicago.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

Hello.  Although he may qualify based in his background, it is very tough to get an h1b for a small company.  It would depend on the size of your business, employees, income, etc.  In addition, there is a quota and you cannot file until 4/1/15 and he cannot work upon approval until 10/1/15.... Read Answer

Hello. If your father marries the mother, he can petition for her to come to the US as an immigrant. It will take about a year to process and come here. The mother cannot come because her child is a US citizen. The child can only petition the mother once it reaches 21 years of age. Thanks and let me know if there are any wedding plans.... Read Answer

An applicant for citizenship is supposed to have the intention to reside in the US when he or she becomes a citizen. That being said, unless there are egregious reasons for believing that you do not intend to stay in the country when you become a citizen, you should be able to work in Canada while waiting to be approved for US citizenship. 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

Given your fact situation, you are most likely eligible for consideration under the deferred action for childhood arrivals (DACA) program of the administration so long as you fit certain other conditions including graduating from high school or attending GED classes. The application would be made on form I –821D. With such application, you would be allowed to stay for a period of at least two years with employment authorization privileges.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

A naturalization application based upon marriage to a US citizen and being submitted in three rather than the usual five years requires that the couple have stayed constantly together with very little separation during the three-year period. In your case where your husband and you have been separated for one and a half years, you would have to wait for the five years. As you are probably aware, you are eligible to file for naturalization 90 days ahead of five-year limit. 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

You would probably be best served by contacting an attorney in Boston and asking him or her to assist you in obtaining your arrest record and disposition of the case. If the matter has not been resolved, there is a chance that the attorney may be able to resolve it for you you even though you are outside the US at this time. 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

Hi. Yes, you can file for a Waiver of his inadmissibility after his interview occurs in Brazil either based on the fiance or a marriage case. However, he is barred for 10 years which will expire in 2 years. You may want to time out a new marriage case filing next year to process after his 10 year bar is up. That would be easier and cheaper than trying to get a waiver. If you file either option now, he will still have to wait 10 -12 months for an interview. ... Read Answer

Hi. We have also received these 60 day notices. They are obviously behind. She will get denied a tourist or student visa because she has a pending green card case based on marriage to a US Citizen. You are at the end of the process. If you provided all documents to the NVC, then the interview is the last step. You should get notice around that 60 day period. ... Read Answer

You would probably be best off applying for a visiting visa with the American consulate or embassy rather than attempting to reenter the country on the basis of your British passport. At the consulate or embassy, you could attempt to explain the circumstances of your past entry, and it will then be up to the consular officer as to whether he or she wishes to issue you the appropriate visa. 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

You are allowed to apply for citizenship if you have been married to a US citizen for three years; the US citizen has held that status for three years; and you have been living together without significant break during those three years. The fact that you obtained your permanent residence through work should not be an obstacle. 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

A change of status is done on form I-539 with fee of $290 assuming that there is some basis to change to another category. H-1B, the visa for persons of specialized knowledge, is currently unavailable unless you will be working for an institute of higher education, nonprofit organization connected with an institute of higher education, government research organization, or nonprofit research organization. You may also be able to move on to a J-1 exchange visitor visa status (although there are restrictions by many program sponsors on changing status in the US) if the sponsoring organization has the ability to issue DS-2019 acceptance forms. Please be aware that many J-1 programs have a two-year foreign residence requirement.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

No one can guarantee you that a U. S. consular officer will be able to approve a visa for you within your vacation time. Although it is likely that you would be able to obtain the visa in a short period of time since you were previously given a visa in a different category, things occur sometimes that can delay an adjudication of a visa application. In your case, you should allot more time in the event that things do not go smoothly within 10 days. Otherwise you may consider traveling overseas when you have more time. 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

You can initiate your motion to reopen the denial of your OPT based on the evidence that you now have along with your detailed statement of what occurred. If you are able to obtain confirmation from the DSO, that would be even better. It is difficult to say whether the motion will be granted, but you should certainly go forward in your situation assuming that everything is as you have related. 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

An I-485 adjustment of status to permanent residence form can only be filed by an individual who is residing in the United States. I suggest that the better course would be for you both to be married here and if he needs to return to Morocco, for him to also apply for an advance parole on form I-131. An advance parole is usually available 90 days after the entire case is filed with U.S.C.I.S. If he leaves now, his case would probably become longer and more complicated. 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

Form I-129F is for fiancés who plan to enter the US under nonimmigrant K-1 visa status. They would then be expected to marry the US citizen within 90 days. This appears to be the proper visa for your boyfriend if he is your fiancé at this time. I suggest that he come to the US under K-1 visa rather than under a visitor’s visa if the intent is for you to marry at the time that he enters the country. The I-129F is not a form to be used for an individual who is already in the country. 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

Generally speaking, adjustment of status interviews at U.S.C.I.S. field offices take approximately five – seven months. Assuming that all goes well, your wife would be eligible for naturalization three years from the date of her approval as long as you have been a citizen for three years, you have both married for three years, and you have been living together for the three years. She would be allowed to file the naturalization application 90 days before the third year ends. 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

Consular officers can be somewhat picky and it could be that your fiancé would be better off with a more recent original job letter. To be safe, you should obtain another job letter from your employer and if time is a consideration express mail it to your fiancé. 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

A juvenile record consisting of pilfering a CD from a retail store and failing to attend school would not affect a naturalization application 10 years after the incidents that you describe. Citizenship applications require good moral character during the statutory period, which in your case is five years. I note that the N-400 application requests that you must put down your incidents with the law even if the record is sealed. Failure to disclose prior unlawful episodes could lay you open to a charge of misrepresentation. If you decide to file for a replacement green card because your present green card is expiring, the offenses that you have described would have no effect upon your being able to renew the green card.  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 question is why your husband was deported. If for certain crimes, he would not be eligible to return. The same would apply if he was a recidivist who continually broke the immigration laws in going in and out of the country. If those do not apply, and if you are a US citizen or permanent resident, you or one of the American citizen children over the age of 21 could petition for him (I will assume that one or more of the grandchildren is from one of the US citizen children and that at least one of the children is over the age of 21), have the petition approved, and he would later interview at the American consulate in his home country. He would be denied and he could then begin the process of applying for a waiver of the 10 year bar for having remained in the US for one year illegally (form I-601) and for advance permission to enter the US after deportation (form I-212).  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

A permanent resident who has held the status for five years can apply for US citizenship on his or her own. If married to a US citizen for three years, living together for three years, and the US citizen having US citizenship for three years, he or she can apply for citizenship after three years. There is nothing automatic to allow a permanent resident to become a US citizen just because he or she married one.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