Massachusetts Immigration Lawyer Blog

As an immigration lawyer in Boston, my office has been inundated with calls from Europeans and others who can't return home because the Icelandic volcano has disrupted air travel or caused airport closure. If you are in the U.S. under the Visa Waiver Program (VWP) and can't leave in a timely manner and are in danger of overstaying because of the volcano, here's what you can do:

• go in person to the U.S. Customs and Border Protection (CBP) office located in Terminal E at Boston Logan International Airport; or
  
• make an INFOPASS appointment to speak with an immigration officer at the U.S. Citizenship and Immigration Services (USCIS) Boston District Office.

USCIS and CBP have trained their staff on how to handle visa waiver cases like these.

How do you extend your stay if you are in the U.S. under a visa?

If you are in the U.S. persons are traveling under a visa, you should contact the USCIS Boston District office or, if you live elsewhere, the nearest USCIS office, and follow these instructions on the USCIS website. Although USCIS recommends initiating the process of extending your stay 45 days in advance, the agency is providing guidance on how to handle these cases.

If you need additional information on how to handle your visa or immigration status, call my Boston immigration law office today at 617-722-0005. Schedule a time to meet with me and I will do my best to help you.

Boston Green Card Lawyer

You just got married--congratulations. Now, based on your marriage to a U.S. citizen, you want to apply for a green card through the adjustment of status process by filing an I-485 with U.S. Citizenship and Immigration Services. But there's one tiny problem: a few years back, you knowingly used someone else's U.S. birth certificate (from Puerto Rico, for instance) to get a Massachusetts driver's license.

As an immigration attorney in Boston, I come across this problem frequently. The question is: will fraudulently obtaining a Massachusetts driver's license by using someone's valid U.S. birth certificate prevent you from getting a green card? The answer is yes. And if you ask me know how to get a green card after getting a state driver's license in this fraudulent manner, I would simply tell you that it can't be done.

Let me explain why. The Immigration and Nationality Act contains a ground of inadmissibility, at Section 212(a)(6)(C)(ii), for anyone who falsely represents himself or herself to being a citizen of the U.S. for any purpose or benefit, or any other federal or state law. Note that the misrepresentation must be "falsely" made--it's possible that you might honestly but incorrectly believe that you are a U.S. citizen. Also, keep in mind how broad this ground of inadmissibility is. Under this standard, you would be inadmissible if you falsely claim to be a U.S. citizen in connection with obtaining ANY benefit under federal or state law including, for example, misrepresentation on Form I-9 or voting.

Does the false claim to U.S. citizenship ground of inadmissibility applies to your particular case? The answer depends on the facts of your case. It's a question best answered by a good immigration attorney because there is absolutely no waiver for false claim to U.S. citizenship.

If you are wondering whether false claim to U.S. citizenship might apply to your case, please contact my Boston immigration law office at 617-722-0005. Make an appointment to meet with me. I'd be happy to help you.

As an immigration attorney in Boston, I've helped countless immigrants navigate through the process of becoming permanent residents through marriage to a U.S. citizen. One of the most frequent questions I get is whether you can successfully obtain a green card through a marriage petition if you and your spouse aren't living together.

The answer is yes . . . and no. Let me explain.

I answered "yes" because there is absolutely no legal requirement that you and your spouse have to be living together in order for you to get a green card through a marriage-based immigration petition. The only requirement is that you and your spouse must persuade U.S. Citizenship and Immigration Services (USCIS) or an Immigration Judge that your marriage was entered into for good faith reasons. You have the burden of proving that your marriage is based on a relationship that is genuine and bona fide. And to meet that burden, you don't have to show cohabitation.

Is it possible to persuade immigration authorities that your marriage is bona fide even if you don't live with your spouse? The answer is really depends on the facts of your case. Perhaps you and your spouse have extensive documentation such as jointly-held insurance, leases, tax returns, bank account statements, which definitively shows that the two of you intend to establish a life as a married couple. But, for whatever reason, life's circumstances require your temporary separation. I've gotten green card cases such as this approved.

But remember: your marriage certificate doesn't entitle you to a green card. And if you do file a marriage-based immigration petition while separated from your spouse, proceed with caution. Marriage fraud is rampant. You shouldn't be surprised if USCIS takes a skeptical view of your relationship. In my experience as an immigration lawyer, you should have a well-documented and compelling reason for living apart.

One final piece of advice: if you are seeking a green card through marriage--whether you live together with your spouse or apart--the absolute worst thing you can do is to claim to be living together with your spouse when, in fact, you are not. Falsely claiming to live with your spouse will doom your chances for a green card. And a denial of your immigration case will likely result in a trip to Immigration Court for deportation proceedings.

If you are thinking about applying for permanent residency through marriage and would like the advice of an experienced immigration attorney, call my Boston immigration law office today at 617-722-0005.

"Can I apply for green card? Yes or no?"
"I just have a quick question"
"My immigration case is easy. What should I do?"

When potential immigration clients call me and ask me these sorts of questions, they want to hear my snap advice on their immigration cases. My usual answer is "it depends." And for potential immigration clients, "it depends" can be frustrating and disappointing response.

Why is it that my off-the-cuff answer to your immigration questions is "it depends"? Is this just my way of luring you into taking the time and incurring the needless expense of coming into my Boston immigration office for a full consultation. Of course not!

The truth is that immigration law is extremely complicated. And the immigration laws are constantly changing. When I say "it depends" what I mean is that your particular immigration options depend on the specific facts of your case. My job is to figuring out how the fact pattern of your case fits into the framework of U.S. immigration laws.

Let me give you an example. If someone were to say, "Hey Josh, I have just have a quick question. Can I you apply for a green card if you enter the United States without inspection?" The answer, in general, would be no. That is because under Section 245 of the Immigration and Nationality Act, you can't file an I-485 to apply for adjustment of status in the United States unless you can prove entry with inspection and admission.

But that quick, simple answer is misleading and inaccurate because the following 3 exceptions exist:

1. Beneficiaries of 245(i)-eligible visa petitions, i.e., I-130 or I-140 applications filed on or before April 30, 2001, may be able to file for adjustment of status even if they have no proof of how they entered the U.S.




2. Those who are applying for immigration benefits under the Violence Against Women Act or VAWA may file for adjustment of status even if they entered the U.S. without inspection.




3. If you were granted asylum, CAT (Convention Against Torture) or withholding of removal, you may be able to file an I-485 even if you initially came into the U.S. without inspection. In part, this is because asylum and asylum-related applicants apply for adjustment of status under Section 209--not Section 245--of the Immigration and Nationality Act.

Would one of these specific exception apply in your immigration case and allow you to apply for a green card even if you entered the U.S. without inspection? The answer is--you guessed it--it depends! My advice would depend on a whole series of follow-up questions. I'd also want to review your passport, USCIS receipt notices and other documentation. And I wouldn't be doing my job if I were to give you legal advice about your immigration situation without asking you if you have ever been arrested or been to court for a criminal case, whether you ever overstayed a visa, given false or misleading information to USCIS, etc.

The bottom line is that if you need immigration advice, there is no such thing as a simple question or a simple immigration case. And the only way I can give you any more advice than "it depends" is if you come see me in person in my Boston office and allow me to methodically analyze your case.

If you need advice or immigration help or representation in Immigration Court in Boston or before USCIS, call me at 617-722-0005 today.

Deportation Defense Tips for Boston Immigration Court

As a deportation defense lawyer who frequently appears in Immigration Court in Boston, here are some tips that should improve your experience at your immigration hearing:

1. Attend all hearing in Immigration Court (and all other courts). If you don't go to Immigration Court for your hearing, the Immigration Judge will give you an order of removal or deportation "in absentia" and a warrant will be issued for your arrest.
   
   
2. Arrive one hour before the time of your scheduled hearing. In Boston Immigration Court, for all master calendar hearings, a sign-in sheet is placed in the waiting room. I tell my immigration clients to arrive and sign in one hour before the scheduled time of the hearing. The sooner you sign in, the sooner your immigration case will be heard by the Immigration Judge. Plus, showing up early helps ensure that you will be in Immigration Court on time. Be careful: if you are late for your immigration hearing, you could be given an order of removal or deportation.
   
   
3. Dress appropriately. Boston Immigration Court is a serious place and you want to show the Immigration Judge and the Trial Attorney that you take the proceedings seriously. Don't wear a hat inside the courtroom. Take off your jacket. Wear what you would wear to a job interview or to a wedding. Inappropriate attire includes t-shirts with questionable slogans, spandex, stiletto heels, mini skirts, do-rags, shorts--you get the idea.
   
   
4. Be respectful to the Immigration Judge and to the Trial Attorney.  Maintain a calm, polite demeanor in Immigration Court--even if things don't go your way.  Think of it this way:  deportation is bad but deportation plus being arrested and held in contempt of court is worse.
   
   
5. Do NOT bring small children to Boston Immigration Court in the hopes that it will make the Immigration Judge more sympathetic to your immigration case. Keep in mind that hearings in Immigration Court take a long time and often require lots of waiting around. Combine the boredom of waiting with the stress of the immigration hearing and you have a not-so-great environment for young children.
   
   
6. Make sure the Immigration Court has your correct address on file If you change your address, notify the Immigration Judge immediately by filing Form EOIR-33 with the appropriate proof of service.
   
   
7. Turn off your cellphone in Boston Immigration Court. Off means completely off. Don't send text messages or put your cellphone on the vibrate or silent mode.
   
   
8. If you case is based on a pending I-130 immigrant petition based on marriage to a U.S. citizen, make sure that your U.S. citizen spouse comes with you to Immigration Court for all of your master calendar hearings.
   
   
9. Do not bring a non-lawyer to Immigration Court to speak on your behalf.  In Immigration Court in Boston at master calendar hearings, I sometimes see people attempt to have their U.S. citizen spouse or family member speak on their behalf.  The Immigration Judge will not permit this.  Only lawyers licensed to practice law in the United States are authorized to appear in Immigration Court as your representative.
   
   
10. Hire the best immigration attorney you can find. In Boston Immigration Court, the Department of Homeland Security will be seeking to deport you from the US. This immigration agency will be represented by lawyers who handle countless deportation cases each week. Unlike criminal proceedings, federal immigration laws don't provide you with the right to a free lawyer. But you do have the right to be represented at your own expense by the lawyer of your choosing. In Immigration Court, you are not required to be represented by an attorney. But, in my experience, I have rarely seen anyone successful represent himself or herself in Immigration Court. You need a lawyer with substantial experience in complicated immigration issues and deportation proceedings, preferably an attorney who practices immigration law exclusively. Meet with an immigration lawyer well before your hearing to come up with a strategy to protect you from deportation.

If you have questions about Immigration Court, please call my Boston immigration law firm at 617-722-0005.  We are ready to help you come up with a strategy to help protect you from deportation.

Boston Citizenship Lawyer

If you want to appeal the denial of your naturalization application, I might recommend that you not do this.  Let me explain why.

First some background:  if you apply for naturalization by filing Form N-400 and U.S. Citizenship and Immigration Services (USCIS) denied your application, you should receive a written denial letter explaining why your application was not approved.  Along with this denial letter, you should also receive Form N-336, allowing you to request a hearing on the denial of your naturalization application.  The N-336 effectively serves as an appeal since it allows you to seek an administrative review of the denial.

It is true that you have the right to challenge the denial of your application for naturalization.  But just because you have the right to file an appeal doesn't mean that it is prudent to do so. 

First, and most importantly, USCIS often makes the correct decision when it denies N-400s.  This can be frustrating for disappointed applicants to accept.  In some cases, for instance, USCIS will find, in its discretion, that you have failed to show the necessary good moral character.  Consider the following examples:

• If you intentionally provide false information in an effort to get your citizenship application approved, USCIS can bar you from showing good moral character on "false testimony" grounds.

• Certain criminal convictions, arrests or probation, especially if occurring during the 5- or 3-year period before applying for citizenship, can result in the denial of your N-400 on good moral character grounds.

If USCIS has denied your N-400 on the good moral character grounds, filing a new application for naturalization might have a much better chance of being approved then filing an appeal of the denial. 

Finally, another consideration is that, right now, a new application for naturalization, N-400, would likely be processed faster than an N-336.  In Boston, my immigration law office has seen applications for naturalization processed and approved in 4-5 months.  But, in my experience, USCIS Boston District Office often fails to schedule N-336 hearings within 180 days of filing, as the immigration regulations require.  And don't expect a final decision on the day of your N-336 hearing, particularly if your immigration case is complicated.

In the end, you should decide how to challenge the denial of an application for naturalization   based on the facts and the law, in consultation with good immigration lawyer.  

If you need legal advice how to appeal the denial of your N-400, application for naturalization, please call my Boston immigration office at 617-722-0005 and set up a consultation today.