Massachusetts Immigration Legal Questions

Unfortunately the job description does not qualify the position for EB-2 consideration in my estimation. The first problem is that the requirement of a bachelors degree or equivalent experience is too nebulous. The second is that you would not fit the requirements of the position as they do not call for a Masters degree.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

The difficulty in your situation is that a diversity lottery winner is only given until September 30th to complete the process for U. S. immigration. Otherwise the opportunity is lost. Your wife was accused of misrepresentation or fraud and smuggling. The smuggling was probably based upon the consul’s not being convinced that there was a bona fide marriage with the resultant outlook that your wife must be trying to smuggle you into the country. If you have any other way to immigrate in the future, you should be able to overcome the 2 charges since you will likely be able to prove a bona fide marriage.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

If the only reason that your husband and his minor son are unable to return to the US is because they have been out of the US for 4 years, this can be resolved, and it should not cost $10,000.  The only concern I have is whether this is the only reason he is being denied permission to come back.  The facts as you reported them are a little confusing, you indicate that they cannot come back because of their residency status, but at the same time you indicate that they have "valid green cards."  Permanent residence generally is deemed abandoned (and therefore lost) if the person remans out of the US for a period of 1 year or more.  They have been out for 4.  It may be that they may need to reimmigrate, I don't know if you are a citizen, but if you are, you could file for them.  I am also a little concerned with the malaria issue, but would first need to research whether Malaria is on the list of diseases that bar entry and require a waiver.  If you would like to discuss the particulars of this, please feel free to call my office at (619) 291-1112. Sincerely, Jan Joseph Bejar, Esq. For: JAN JOSEPH BEJAR, A Professional Law Corporation... Read More

Unfortunately the law has not yet passed which will allow a foreigner to obtain a green card through buying a home in this country. Such a green card has been proposed in the past few years, especially with the problems with home sales in this country. However, the chances of such legislation in the future will probably not be so great as it appears that the housing market has been experiencing an upturn. 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

For a person deported with an aggravated felony, return to the US is extremely difficult if not impossible. If you obtain a pardon, you may of course under a petition by your wife, but all politicians are very wary of using powers to pardon which could damage them politically. Generally pardon requests are made to the president or to state governors. Each state has its own procedures for dealing with individuals requesting pardons. The  ex-governor of New York, David Paterson, strongly believed in helping permanent residents who were at risk of deportation because of long-ago or minor convictions and pardoned a number of individuals for old crimes. The law provides that a full and unconditional pardon by the president, governor of the state, or constitutionally recognized executive body prevents deportation for crimes of moral turpitude, including aggravated felonies. A pardon request to the president can be made to the Office of the Pardon Attorney, 1425 New York Ave. NW., Suite 11000, Washington DC 20530.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 Customs and Border Protection is given almost plenary powers at the borders of the country. There is generally no recourse. However, you can explain your situation to the American consulate or embassy when applying for another visa, and the consular officer if convinced may issue you another visa to travel to the country. You may decide, however, not to use the same port of entry. 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

To give you a short answer, the I-134 affidavit of support form as opposed to the I-864 used in family-based immigration cases is not binding on the signers. The I-134 is a promise and not a contract to support the intending immigrant when he or she immigrates. If you are thinking about showing assets to convince a consular officer that you will be able to support yourself, $30,000 would probably not suffice. Technically speaking, assets are counted at 1/5 the value of income, and since an immigrant should be able to show ability to live in the States for at least 5 years above the poverty level, a showing of twice the amount would probably be required. In addition, a consular officer is entitled to ask the source of the funds. 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

Your concern appears to be that while your passport and letters from the immigration office have the correct name, the old name is on your present green card. If there are only one or two letters which are wrong in the name, you would probably have no problem in reentering the country with the passport and other documentation. If the name is significantly different, you may wish to wait until you receive your new green card to travel in and out of 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 More

An I-134 affidavit of support is non-binding. It is only a promise. Therefore you would not be held responsible for any medical bills that your mother-in-law incurs during the time that she is in the country just by virtue of having signed the affidavit of support form.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 long as you are holding valid H-1B visa status, you are entitled to live wherever you wish, even if it is in a hotel. You should inform U.S.C.I.S. of the change of address on form AR – 11. Insofar as other institutions are concerned, I believe that they would only be concerned if their mail was returned or if you did not pay on 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 More

I assume that you received approval under the President's program, Deferred Action for Childhood Arrivals. You are neither refugee nor asylee. You have a two-year period under which you are here under grace and are allowed employment authorization and, if you can obtain it, travel privileges through advanced parole. It is contemplated that at the end of the two-year period of time, you will either apply for an extension under the program or under a more permanent program if Congress can agree on the details.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

Hello. This is correct, he needs to file their immigrant visas. The category is current next month. This means once the I-130 is processed over 6 months, they may be able to come soon after. However, it is not anticipated that this will remain current. Thus, the case may get backlogged again and that is difficult to predict how long. Let me know if he needs help with their cases. Harun@ksvisalaw.com... Read More

If your visa application was refused for immigrant intent there is not much you can do other than perhaps strength the ties you have to Indonesia and reapply later with stronger proof that you will return.  Still having family in the US will make it very difficult for you to overcome that presumption of immigrant intent that otherwise will cause a denial.... Read More

You can apply for advanced parole at the same time you file to adjust status.  Advanced parole will allow you to travel without terminating the pending I-485 adjustment application (which generally requires that you remain in the US until it is approved).  Advanced parole is applied for on form I-131.  Here is a link with more information: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=44028bcbf851e210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD... Read More

I will assume that when you say that you worked off-campus, you worked and were paid for your employment and that you were not authorized under any form of internship or externship to work off-campus. That being said, whether you can adjust status to permanent residence in the U. S. at some later point depends upon the category, and whether there are any law changes. If you marry a U. S. citizen, illegal employment would not keep you from adjusting status in the U. S. Also if there are law changes which would allow other classes of persons who violated their statuses to adjust status, you might be benefited. Otherwise if U.S.C.I.S. was to know of your unauthorized employment, it would not allow adjustment of status and you would have to consular process your immigration papers.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

With an advance parole, your father would submit his advance parole approval card to U.S.C.I.S. upon his return. CBP will not take away the card. His obtaining the advance parole approval after the I-94 expiration date as no effect upon its acceptability. If your father is approved for permanent residence during the time that he is out of the country, he should show the approval sheet of his permanent residence being granted along with his authorization to be out of the States (advance parole authorization) when he reenters 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 More

As your spouse is a US citizen, and it appearing that you have a bona fide marriage since you already have a son (I am assuming that your son is born of the union of you and your wife), your wife could apply for you to return as a permanent resident by filing form I-130, having it approved, and then by you consular processing your case at your home US consulate or embassy. If you overstayed your period of time in the US by 180 days or one year prior to the order of voluntary departure, you would likely require a waiver of the three or 10 year bar respectively. Such waiver would be based upon a demonstration that non-granting of such would cause extreme hardship to your US citizen wife. 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

Look over the link below.  You may qualify for a National Interest Waiver of the Labor Certification process, which otherwise requries proving there are no US citizens or permanent residents who can fill the position you seek.  You would need a job offer (such as with a dental practice somewhere in the US).  Start this process by looking for a US employer willing to offer you a job. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60aRCRD... Read More

Chargeability applies only to the quota system we use to allocate immigrant visas, not asylum.  For asylum purposes, your country of residence and your country of citizenship will both be taken into account.  The determinative question for an asylum case will be whether you can move to one country or another to avoid the persecution you seek protection from.  You cannot obtain asylum in the US if you are able to just move to another country to avoid the persecution.  Indeed, if you are able to move to another part of the country where you reside to avoid persecution, asylum law will not intervene to protect you.... Read More