Massachusetts Immigration Lawyer Blog

Boston Deportation Defense Lawyer

As an immigration lawyer in Boston, I'm often asked if I know the phone number for Immigration in Boston, Massachusetts? If you have a pending green card application or citizenship cases and you live in the Boston, Massachusetts-area, surely U.S. Citizenship and Immigration Services has a local phone number that you could call to inquire as to the status of your immigration case, right?

But the answer is that no such number exists. USCIS has an 800 national number National Customer Service Center (NCSC) 1-800-375-5283. But I discourage my clients from calling this number because I've never been able to use it to resolve any problems or gain any useful information.

The best way to communicate with USCIS Boston District Office about a pending green card or citizenship application may be to make an INFOPASS appointment. Go in person to this appointment and you can ask questions about your immigration case. The officers and staff at USCIS Boston District Office can be miracle workers.

Not everyone should go in person to USCIS Boston District Office. If you are undocumented, out of status, or if you have a final order of deportation or removal, or if you have certain criminal convictions, then you are potentially deportable and could be subject to arrest by immigration authorities. So you should consult with an immigration lawyer before deciding to go in person to USCIS Boston immigration office.

Aside from USCIS INFOPASS, if you have a deportation case in Boston Immigration Court, you can call them at 617-565-3080. Or if you have a question about someone who has been arrested and detained by Immigration and Customs Enforcement or ICE in Burlington, Massachusetts, you can call ICE's  office at (781) 359-7500.

To summarize, USCIS Boston District Office has no phone number that the public can use to follow up on their immigration case. Instead, consider making an INFOPASS appointment. For deportation cases, call Boston Immigration Court or ICE in Burlington, MA.

If you need more help with your immigration case or for advice or guidance, please call or email me to set up a time to meet to discuss your situation.

Thinking about filing for a green card, citizenship or other immigration benefits? If so, keep in mind that U.S. Citizenship and Immigration Services (USCIS) is raising filing fees on November 23, 2010.  This increase will generally be about 10% on most applications.  Interestingly, if you want to gain U.S. citizenship, the price for the application for naturalization, N-400, will remain unchanged.  

Boston Citizenship Lawyer

Immigration laws permit green card holders to apply for naturalization to gain U.S. citizenship after 5 years for lawful permanent residency status. But if you are married to a U.S. citizen, you may be eligible to apply for naturalization under Section 316 of the Immigration and Nationality Act, after just 3 years.

But getting the Boston office of U.S. Citizenship and Immigration Services (USCIS) to approve your N-400 after only 3 years with a green card requires more than just a marriage certificate to a U.S. citizen. To gain approval of your application for citizenship, you must meet all of the following requirements:

1. your spouse must be a U.S. citizen for at least 3 years:
2. you must be "living in marital union" with your U.S. citizen spouse for 3 years; AND
3. you must have had your green card for at least 3 years.

Also, to be successful, you must meet all of the other requirements for naturalization including proving good moral character, residency, physical presence, and more.

Proving that you and your spouse have been living together continuously for 3 years involves financial documents such as leases, deeds, joint married tax returns, W-2s, jointly-held insurance, and joint bank accounts. Keep in mind that if you separate from your spouse--even temporarily--you may be disqualified from applying to become a U.S. citizen under the shortened 3 years of residency standard. And if you falsely claim to be living with your spouse, USCIS may deny your N-400 under the good moral character / false testimony grounds.

If you need an immigration attorney in Boston, are thinking about filing an N-400 or have questions about how to gain U.S. citizenship through naturalization, call me at 617-722-0005.

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.

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.

These days, it is not easy to get a job or housing benefits. And it is even tougher if you have a criminal record. To make things easier, criminal lawyers often recommend having your criminal record expunged or sealed. This can be great advice for people seeking work or housing benefits as you will effectively have no criminal record once your criminal record is expunged or sealed. Your Massachusetts CORI criminal history report will show "no adult criminal record," and you can honestly say you have no criminal record when applying for jobs and housing benefits.

But sealing or expunging your criminal record does not free you from immigration consequences resulting from a criminal record.  A conviction--even if it's been sealed or expunged--can still trigger your deportation.  And USCIS (U.S. Citizenship and Immigration Services) can deny your green card or citizenship application because of a sealed or expunged criminal record.

And sealing or expunging also doesn't free you from your obligation to disclose your criminal record on immigration forms.  If you apply for adjustment of status, citizenship or a visa at a U.S. consulate abroad, you will have to disclose your criminal record, even if the case was sealed by a Massachusetts state court judge. Failure to disclose a sealed criminal record in an immigration interview could be considered false testimony, which would give USCIS grounds for denying your immigration case.

An even more complicated problem is that USCIS generally will not approve your green card or citizenship application unless you provide court-certified copies of the final disposition for each criminal appearance. But if your case is sealed, no record will exist in the court's file. So it is generally impossible to obtain a certified disposition of your case once it has been sealed. The only solution to this dilemma would be to go back to Massachusetts state court and ask the judge to unseal your case simply so that you can get a copy of the disposition--not a fun task.

If you're considering sealing or expunging your criminal record, and you don't have U.S. citizenship, think through your options carefully and consult with a competent, effective. immigration lawyer. If you have more questions about how a criminal case could affect your immigration options, call my Boston office today at (617) 722-0005 and schedule a consultation. I'd be happy to offer you my advice.

In Boston, Massachusetts, I recently spoke at the American Immigration Lawyers Association (AILA) Conference on Immigration Law.  The topic was citizenship and naturalization.

Several immigration lawyers from Massachusetts have sent me follow up questions. In response, here are a few tips that will help you successfully handle an application for naturalization, N-400.

Research your client's criminal history before submitting the N-400 application for naturalization by requesting an FBI rap sheet or Interstate Identification Index ("III") and a Massachusetts CORI.  The FBI III is based on fingerprints.  My office fingerprints immigration clients in-house using this kit.  The Massachusetts CORI is based on name and date of birth, which is why it is essential to list on the form every possible spelling of your client's name, as well as aliases. Keep in mind that these records are notoriously inaccurate.  The final step is to track down criminal dispositions for all court appearances.  Remember: your job as an immigration lawyer isn't done until you have closely reviewed court-certified final criminal dispositions showing all docket sheets for each court appearance.

Selective Service and Citizenship.  For male naturalization applicants, failure to register for Selective Service for permanent residents between the age of 19 and 26 bars a finding of good moral character during the requisite three or five year period but only if the applicant knowingly or willfully failed to register.  In my experience as an immigration lawyer, many clients mistakenly believe that they forgot to register for Selective Service when, in fact, they actually did.  If your client says that he never registered with Selective Service, you should double check to make sure he's right.  You can use the Selective Service Online Registration Verification available here. If your client's Selective Service information is not found, this does not necessarily mean that he failed to register. You should then call the agency at 888-655-1825 to see if his registration is in the system. And, finally, to prepare for the naturalization interview, you should request a status of information letter from Selective Service.

Fill out the N-400 with meticulous attention to detail to avoid "false testimony."  Even the smallest mistake on the N-400 form could be used as an excuse to deny your immigration client's N-400.  As a matter of good moral character, an applicant for citizenship can be denied if, during the requisite period of time, he or she knowingly provides false or misleading information to an immigration officer for the purposes of obtaining an immigration benefit.  Using this legal standard, USCIS could construe inaccurate information on the naturalization application as a deliberate lie and, therefore, a ground for denial. This comes into play particularly when disclosing adverse information such as criminal appearances.

Good Moral Character: how to determine whether your client has met the standard.  To obtain US citizenship through the naturalization process, you ordinarily must show good moral character for 5 years or for 3 years if your claim is based on marriage to a US citizen.  If your client has a criminal conviction, it may be necessary to wait to file the N-400 until the date the offense was committed is outside the 3- or 5-year period.

Good luck.  If you need help from a Boston immigration lawyer who enjoys complex citizenship cases, call me at (617) 722-0005 or contact me anytime.

On behalf of the lawyers in my Boston immigration office, I say congratulations! You just got your green card and are now a lawful permanent resident of the United States! Below are some general tips to avoid future immigration problems and continue on a smooth path towards citizenship.

I-751, Petition to Remove Conditions on Residency--Get Ready! If you have a two-year green card (i.e., conditional residency based on marriage), remember that 90 days before the expiration of your green card, you and your spouse, together, will need to file a petition to remove the conditions on your permanent residency. This petition is called an I-751.  In order to get your I-751 petition approved, USCIS will expect you to submit extensive documentation to show that the underlying relationship between you and your spouse has been on-going since your I-485 was approved and that you continue to share your lives together.

Prepare for citizenship by recording your trips outside the U.S. If you travel outside the U.S. after you get your green card, write down the date that you left the U.S. and the date that you returned to the U.S for every trip you take after your I-485 is approved. You will need this information when you apply for citizenship. Some of my immigration clients mistakenly believe that their passport will contain stamps that will memorialize each of their trips abroad.  This is not necessarily true. These days, passports are machine-readable, and they often are scanned rather than stamped when you leave certain airports or when you cross the border via land to Canada. Thus, because your passport may not be stamped when you leave and enter the U.S., you cannot rely on it as an accurate record of your trips abroad. Keeping a record of your trips as you take them will save you time and effort when you apply for citizenship.

Don't "abandon" your green card. As a permanent resident, you certainly are not legally required to remain within Massachusetts. In fact, one of the great benefits of being a green card holder is that you are free to travel within the U.S. and internationally. But, if you want to keep your green card, only temporary trips outside the United States are permitted. As a permanent resident, you could have future immigration problems if you travel outside the United States frequently or if the duration of your trips abroad are lengthy. From my experience working with immigration clients in Boston, the most effective way to lose your green card is to move abroad. Take a look at your green card and you will see the words permanent resident card at the top. Remember, the green card is not permanent but does require you to reside permanently in the United States.You should avoid staying outside the U.S. for more than 6 months continuously. You should not remain outside the U.S. for an extended period of time without first consulting with an immigration lawyer in Boston.

If you have a green card, you must notify the Department of Homeland Security of any changes of address. As a green card holder, it is your responsibility to notify the Department of Homeland Security of any address changes. You can do this by filing Form AR-11. I recommend that you file Form AR-11 online through the U.S. Citizenship and Immigration Service (USCIS, formerly the INS) website. Once you have submitted Form AR-11, keep a copy of it for your records. If you have a green card and also have an immigration application that is pending with USCIS, you must also separately notify USCIS of any changes of address by calling its National Customer Service Center at 800-375-5283.  As an immigration lawyer, I handle change of address notification for all of my immigration clients and maintain records of each address change.

Register for Selective Service. If you are male, living in the U.S. as a permanent resident (i.e., green card holder) and between the ages of 18 and 25, you are probably required to register with Selective Service. Failure to do so could negatively impact your chances of gaining citizenship through naturalization. Contact the Selective Service System for more information.

Don't commit crimes! (especially during the first five years after you become a permanent resident)  Of course, it's generally a pretty bad idea to break the law.  But green card holders have no room for error.  Many people are shocked to discover the incredibly harsh immigration consequences of seemingly minor criminal offenses. Shoplifting, for instance, may be considered a relatively petty misdemeanor under Massachusetts law. But, if committed within the first five years of your status as a green card holder, a Massachusetts shoplifting conviction could result in your certain deportation from the United States without any chance for relief.

If you have ever appeared in a criminal court, do not travel outside the United States without first consulting with an immigration lawyer. I constantly meet with immigration clients in Boston who have criminal convictions and who mistakenly believe that one or all of their previous criminal cases were dismissed. Keep in mind that a Massachusetts district court judge may have told you that your criminal case was dismissed, and your criminal defense lawyer may have also told your that your criminal case will not show up on your record; but for immigration purposes, you may still have a criminal conviction!  Before you book your flight abroad, call me and set up an immigration consultation in my Boston office.

Again, congratulation on becoming a permanent resident. I hope these tips help guide you towards U.S. citizenship.