Massachusetts Recent Legal Answers from Lawyers

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

Sorry to hear about the incident. You chould have a case. It often depends on whether you have documented injuries or how bad they are as to whether it is worth pursuing. If you have any medical treatment, consider reaching out to a personal injury lawyer to evaluate the case. If you didn't let the restaurant know yet, consider also letting them know in case you do need to pursue this further. It can also put them on notice of the issue.... Read Answer

I am so incredibly sorry for your loss. As both a Massachusetts lawyer and lifelong resident, I firmly believe that no one should ever have to experience something as devastating as losing a loved one—let alone under circumstances that were preventable. Please know that your question is both understandable and completely appropriate. When a family is faced with a tragedy like this, it’s important to get clear, honest guidance about what your rights may be. The short answer is yes — you very likely have legal recourse to pursue a wrongful death claim against the restaurant and potentially others involved. When a death certificate indicates homicide and attributes the cause to the actions of the restaurant’s employees, it raises serious concerns about: Negligence, Failure to supervise or train employees, Failure to provide a safe environment, or Direct wrongful acts of employees for whom the company may be legally responsible. Under wrongful death law, an employer can be held liable when its employees, acting in the course of their employment, engage in conduct that causes someone’s death—whether through intentional actions or negligent behavior. Additionally, restaurants and other businesses have a legal duty to provide a reasonably safe environment for customers and to take preventive measures when there is a foreseeable risk of harm. Your family has the right to seek: Accountability, Answers, and Financial compensation for the harms and losses this tragedy has caused, including loss of companionship, emotional suffering, funeral expenses, and the economic impact of losing your husband. What matters most right now is that you don’t have to navigate this alone. A wrongful death investigation should begin immediately, because evidence—videos, witness statements, internal reports—can disappear or be lost over time. An attorney can help protect that evidence and make sure the truth is uncovered. If you’d like, I can help you understand what the next steps normally look like, what types of claims may apply, and how families are typically supported during cases like this. And if all you need in this moment is a compassionate ear, I’m here for that too. Again, I am deeply sorry for what you’re going through. If you'd like to chat about this in more detail, please feel free to reach out to me. ... 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

Susan:  I'm sorry to read about your and your husband's predicament.  I suggest you retain a probate and family attorney who will guide you through the process of appointment as a conservator.  Although you can self represent the probate courts are very backed up and form-focused, so there may be delays that an experienced attorney can cut through.  While this is not my area of practice, iff you like I can refer you to one.... 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

Most likely you have a case if the evidence proves what you allege. The theory of liability would be negligent supervision by the staff employees to allow this to happen. Discuss your case with counsel about possible contingency fee representation which means you pay nothing unless you win the case. ... 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

You would most likely require a joint financial sponsor. You can attempt to act alone, but most likely the USCIS will forward you a request for evidence and require you to engage a joint sponsor. This could be anybody that is a US citizen or green card holder living in the United States that will meet the minimum income threshold under the poverty guidelines that is willing to help you.    ... Read Answer