Massachusetts Immigration Lawyer Blog

Boston Green Card Lawyer News

If you live in Massachusetts and are seeking a green card based on marriage, U.S. Citizenship and Immigration Services has a new way of conducting adjustment of status interviews.

At issue is whether the marriage is based on a relationship that the couple entered into for genuine, bona fide reasons. Traditionally, an immigration officer would conduct the marriage-based green card interview by sitting down together with the husband and wife together at the same time. The officer would question the couple and try to figure out whether the relationship was genuine or fraudulent.

Now, the new procedure is to interview the husband and wife separately starting with the visa petitioner (U.S. citizen). The immigration officer asks both the husband and the wife the same question in separate interviews. There are no wrong answers--only same or different. The separate interviews are now standard procedure at USCIS Boston and Lawrence District Offices for all marriage-based green card adjustment of status cases.

As an immigration lawyer, my experience with the separate marriage-based green card interviews has been fairly positive. The questions seem reasonable, fair and designed to weed out marriage fraud and to make sure that the couple really know each other well, as any genuinely couple would.

I can offer you three general pieces of advice: first, make sure that you and your spouse know each other well. Don't hide important but potentially embarrassing personal information such as a divorce or a criminal history from your spouse. To get your green card, your husband or wife will need to know everything there is to know about you. The immigration process is not the time for secrets.

Second, if an immigration officer asks you a question, don't respond with a guess. If you don't know the answer, just say that you don't know! If you guess and your answer doesn't line up with your spouse's answer, the officer could conclude that your marriage is not based on a genuine relationship. If so, your immigration case could be referred to USCIS fraud unit and, eventually, be denied.

Third, hire an good immigration lawyer! I work with clients who are seeking a green card through marriage to prepare thoroughly or the adjustment of status interviews. I've handled countless cases and can help you fix problems before the immigration interview.

For more information about the marriage based green card process, please call my Boston immigration law office at 617-722-0005. I'd be happy to help.

Boston deportation defense lawyer

In a recent immigration consultation, I faced the following situation:

A young man entered the United States on a visitor visa and then fell out of status after overstaying. His brother gained U.S. citizenship and then filed an immigrant visa petition, Form I-130, on his behalf. The young man suffered from serious health issues, which were covered by MassHealth. So, with these facts, the family asked me whether there was some way to expedite the process of getting a green card for the young man.

In my view, this young man will face at least three major issues when seeking a green card.

First, according to the Department of State's most recent Visa Bulletin, an immigration petition filed on behalf a brother or sister is not likely to become current for a long time--10 years or more! And in the meantime, this young man, as the beneficiary of this petition, couldn't obtain a work permit or social security card. Since he is out of status, he could be put in deportation proceedings. An Immigration Judge could order him to be deported and his pending visa petition wouldn't protect him from being deported. And, regardless of this person's medical condition or other compelling equities, I'm not aware of any way to expedite this sort of case. The time frame is what it is. You are bound by the cruel reality of the visa bulletin. In immigration law, as in many other areas of life, no short cuts exist.

Second, since this person is out of status, he has accrued unlawful presence. Therefore, even if he were properly admitted and inspected into the U.S., he would be inadmissible and, thus, wouldn't be able to obtain a green card within the U.S. One exception to this ground of inadmissibility would be for what is called 245(i) cases. But 245(i) requires that the visa petition be filed on or before April 30, 2001.

Third, once the priority date for this visa petition becomes current, since this person can't obtain a green card through adjustment of status, he would have to consular process, i.e, seek an immigrant visa at a U.S. consulate abroad. But if he were to leave the U.S., his unlawful presence would render him inadmissible and, therefore, result in the denial of his immigrant visa application. To cure the inadmissibility, he would need an immigration waiver, Form I-601. To qualify, he would have to have a U.S. citizen anchor relative and show that his U.S. citizen immediate relative would suffer "extreme hardship" if he weren't allowed to return back to the U.S.  Of course, successful waivers are challenging to prepare.

For more information about how to get a green card through a family member or if you need advice or guidance on other immigration issues, call me and set up a time to meet.

Boston Immigration Lawyer

As an immigration lawyer in Boston, I'm proud to be an advocate of marriage equality for same-sex couples. Given that same-sex marriage is legal in Massachusetts and elsewhere, the immigration question that I'm asked is usually this: can a U.S. citizen or lawful permanent resident who is legally married to a foreign national of the same sex file an I-130 visa petition with U.S. Citizenship and Immigration Services (USCIS) to have his or her spouse immigrate as an alien relative?

Sadly, for now at least, the answer to this question is a big "no." The federal government, including USCIS and other federal immigration agencies, doesn't recognize same-sex marriage, even though such marriages are legal in Massachusetts and other states and countries.

The Defense of Marriage Act (DOMA) stands as a major obstacle to the recognition of same-sex marriage rights in the immigration context. DOMA defines marriage as a union between a man and a woman for federal law purposes.

Ultimately, the constitutional argument for same-sex marriage is headed for the Supreme Court. Meanwhile, don't bother to file an I-130 visa petition based on a same-sex marriage. Instead, contact me to set up a consultation to explore alternative immigration options.

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.

Green Cards, Marriage and Taxes

As an immigration lawyer in Boston, I know next to nothing about accounting and tax law. But I do know a lot about how your tax return may impact your immigration case.

If you are going through any immigration process, you should expect immigration judges and officers to scrutinize your tax returns. For those who are in the process of applying for a green card through marriage to a permanent resident or to a U.S. citizen or who have filed an I-751 petition to remove the condition on permanent residency, I have 3 tips that may help you:

1. File your taxes jointly with your spouse using "married" status, if possible. U.S. Citizenship and Immigration Services will consider a jointly filed, married tax return as evidence that your relationship to your spouse is bona fide or genuine. Of course, if you are seeking a permanent residency but don't yet have a social security number it may be impossible to file your taxes jointly with your spouse.   But it is absolutely imperative that you file a married, joint tax return if possible.  The reason that this is so important is that if you file your taxes separately or as "single" immigration authorities may get suspicious and conclude that you and your spouse have a relationship that was entered into solely for the purposes of getting a green card.  If you file "single" during a time that you are married, I suggest that you consider filing an amended tax return to fix this.  

2. Make sure that the address on your W-2s confirms that you live with your spouse. USCIS will want to see your entire tax return, including all schedules, W-2s, 1099s and other schedules.  And if your paycheck is directly deposited into your bank account, then you might not be paying close attention to the address listed on your paycheck or W-2.  But if you are trying to convince an immigration officer that you live with you spouse, you had better be sure that address on your W-2 or paycheck should reflect that you and your spouse do in fact live together.

3. Provide your IRS tax transcripts to immigration authorities.  Whether you are in Immigration Court or appearing at an interview before a USCIS immigration officer, I recommend that you bring with you your IRS-certified tax transcripts and not a copy of your tax return.  The transcripts prove that your return was actually filed and is on record with the IRS and, therefore, is stronger evidence for immigration purposes.  I've seen plenty of denial letters from USCIS that say something along the lines of "although you provided photocopies of your tax return, you did not submit IRS-certified tax transcripts."  The IRS tax transcripts are available at the IRS office in the JFK Federal Building, next to USCIS Boston District Office or can be obtained by filing Form 4506-T with IRS.

If you have more questions about taxes and immigration or any other immigration topic or if you need representation in Immigration Court or elsewhere, please call my Boston immigration law office at 617-722-005 to schedule an appointment.

I was in Boston today at the Fundamental of Immigration Law Conference sponsored by the American Immigration Lawyers Association (AILA).  I spoke at a seminar entitled "Adjustment of Status and Consular Processing Workshop with the Experts--I-485, I-864, DS-230."

The immigration lawyers in attendance asked me some great questions, mostly about the I-864.  Here is some follow-up information:

1.  I-864, Affidavit of Support.  For questions on completing the I-864, I refer to an excellent 2006 USCIS memo available here which consolidated and revised USCIS policy regarding the I-864, Affidavit of Support.  Although more recent updated on the I-864, I find that this guide answers most basic questions.

2.  Public Charge and Public Benefits:  Your immigration clients may be concerned that if they accepts public benefits in the United States it could cause them immigration problems.  USCIS has published a guide available here that spells out which public benefits raise inadmissibility concerns under the public charge provisions of the Immigration and Nationality Act.  USCIS also put out a version of this guide specific to Massachusetts state benefits available here.

3.  Affidavit of Support (I-864) does not apply if the applicant seeking adjustment of status has worked or can be credited with working for 40 qualifying quarters, which can be documented by obtaining a certified Social Security earnings statement.  Information on how to obtain this statement can be found here.

I hope this information is helpful.  If anyone has a more specific immigration law questions, please call or email me.