Massachusetts Immigration Lawyer Blog

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.

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.

Lately, our Boston immigration law office has been inundated by a flood of people who have had their I-751, petition to remove conditions on permanent residency, denied by USCIS because they were not filed on time. As the I-751 denial letter points out, when the I-751 is denied, all the rights and privileges of permanent residency are terminated. In some cases, the I-751 denial letter is accompanied by a Notice to Appear in Immigration Court, which means that deportation or removal proceedings have been initiated.

If you filed your I-751 late and then got one of these denial letters from USCIS, what should you do? First, take a deep breath. Relax. Don't panic. And, by all means, don't pack your bags and leave the U.S.

Before discussing the solution, let me explain the problem. When you are given a conditional green card, you are required to file, together with your spouse, a petition requesting the removal of the conditional basis for your residency within the 90-day period immediately before the second anniversary of the date that you became a permanent resident. If you fail to file the I-751 by this deadline, the immigration regulations say that you will lose your green card status and be placed in deportation proceedings!

USCIS will permit you to file your I-751 late, after the expiration date on your 2-year conditional green card, but only if you include a written explanation of why you failed to file on time and a written request asking USCIS to excuse the late filing of the I-751. If you file your I-751 late and don't include this written request, USCIS will deny your I-751 on the grounds that it was untimely. This is what happens to many I-751 applicants who include the written explanation and request as required. And even if you include the written explanation and request, USCIS will only excuse a late-filed I-751 for "good cause."

So, with this background in mind, here are 3 possible remedies to the denial of an I-751 for failure to file in a timely manner.

1. Refile the I-751 but this time include the written request that USCIS excuse the late filing and explaining why you file the I-751 late. Since you must convince USCIS that your failure to file on time was for "good cause," you should include affidavits, medical records, financial documents--any and all documentation to support your argument.

2. Request that an Immigration Judge review the denial of your I-751. You can't petition Immigration Court to review the denial of your I-751 directly. You can only do ask Immigration Court for review of the I-751 denial if you are placed in deportation proceedings and required to appear before an Immigration Judge. Immigration Court doesn't have jurisdiction over all denied I-751s but this option is available in some instances. At a hearing in Immigration Court, the Immigration Service--not you--would have the burden of showing that basis for why it denied your I-751.

3. File a motion to reopen the decision by USCIS to deny your I-751.

Which of these options is best path to keeping your green card depends on the facts of your immigration case.  This is a decision best made in consultation with an immigration attorney with substantial experience handling family-based immigration cases and with a strong background in deportation defense.

If you need more help or advice on how to remove the conditions on your green card or if you need representation in Immigration Court, please call me at 617-722-005 and schedule a time to meet with me to discuss your immigration case.

As most people in Boston's Haitian community know by now, Haitian nationals who are now in the U.S. may apply for Temporary Protective Status or TPS to avoid deportation from the U.S. and to obtain a work permit, i.e., employment authorization. Applications for TPS are filed on Form I-821 and must be received by the cut-off deadline of July 20, 2010.

TPS is a generous benefit. Consider the following:

• A final order of deportation or removal will not disqualify you for TPS as a Haitian;
• As a Haitian, you may qualify for TPS even if you are out of status or have overstayed your visa; and
• If you entered the U.S. without inspection, you may still apply for TPS as a Haitian.

I'm often asked by people who are out of status or who have been in deportation proceedings, whether it makes sense to apply for TPS.  The risk is clear.  TPS is, of course, temporary; it is not a green card and doesn't lead to permanent residency, i.e., a green card.  TPS merely provides immigration status and work authorization for a temporary, 18-month period. 

So, if someone has been deported or is out of status, TPS provides only a temporary reprieve for 18 months.  What then will become of countless Haitians with TPS who have orders of removal or who are out of status?  In short, the question that is usually put to me:  "Won't Immigration just come and arrest me after the 18 months are over?"

This is a valid concern.  But I still recommend applying and here's why.  Although TPS for Haitians is designated for 18 months, I suspect that TPS will be around for many years to come.  Consider the example of El Salvador, which was granted TPS after an earthquake in 2001 and since then has been extended for a series of 18-month periods.  And it remains in effect today nearly a decade later.  Based on this and other TPS programs, I don't see Congress taking away TPS for Haiti anytime soon.

And Haitian considering TPS should take another lesson from the experience of El Salvador:  apply before the deadline or you will miss out.  For Haitian seeking TPS the deadline is July 20, 2010.  After that date, your application will be late.

In summary, I generally recommend that all eligible Haitians consider apply for TPS.  If you need immigration help or advice on this or other issues, please call my Boston immigration law office at 617-722-0005 and schedule an immigration consultation with one of our attorneys 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.

As an immigration attorney, my goal is to help people get green cards and U.S. citizenship. One of the most important privileges that you gain with US citizenship is the right to file an immigration petition (Form I-130) for your mother and father. But before helping your parents get green cards, you need to think through this decision and weigh your immigration options carefully.

How to lose your green card status

Before you help your parents get green cards, keep in mind that when someone with a green card stops living in the United States, they lost their green card status. It's called abandonment of residency. Once you've been given lawful permanent residency, you can't definitively lose your status until an immigration judge conducts a formal hearing in Immigration Court and rules that you have abandoned your green card or residency status. To make this decision, the Immigration Judge will look at a variety of factors including whether you have worked in the U.S., filed income tax returns, and whether you have maintained an actual home in the U.S.

The 6-Month Rule--an immigration myth

Many people mistakenly think that someone with a green card can keep their immigration status by simply returning to the U.S. and touching U.S. soil once every 6 months. This persistent myth is not true. Does this mean that someone with a green card is not permitted to travel outside the United States? Of course, not! But when a permanent resident travels abroad frequently or stays outside the U.S. for an extended period of time, the immigration officers at the airport may question whether the green card holder truly lives in the United States, as the immigration laws require.

Maybe a visitor's visa is a better option than the green card

If your mother or father doesn't really plan to move to the U.S. and live here permanently, the green card might not be suitable. In fact, without residency, the green card could turn out to be a source of future immigration trouble. If your parents just want to visit the US, you could spare yourself and them the hassle and expense of the immigration process and instead simply apply for a visitor's visa at a local US consulate. If you need more immigration advice or information, please email me or call my Boston immigration law office at 617-722-0005 and schedule a consultation.

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.

When people visit me in my Boston immigration law office, I encourage anyone who is eligible to apply for the Department of State's Diversity Visa lottery.  Yesterday, the Department of State' announced the winners of the 2010 Diversity Visa lottery. Those who already applied for the DV Lottery can check online here to see whether they were lucky enough to be selected to receive one of the 50,000 visas granted each year.

But being selected does not mean that you will automatically get a green card and become a permanent resident.  What it does mean is that you will be eligible to go through a complex immigration process on the basis of being selected for the DV Lottery. 

To obtain your permanent residency based on the DV Lottery, you must meet the following two conditions:

1.  You must have either a high school diploma or the equivalent.  Alternatively, you can show that within 5 years of applying, you have at least 2 years of work experience in a job requiring at least 2 years' of training or experience.

2.  You must complete the green card or immigration visa process within the fiscal year.  If you are selected after filing for the most recent DV Lottery, the fiscal year runs from October 1, 2009 through September 30, 2010.  After that time period, under no circumstances will you be able to receive an immigrant visa, even if you were selected.

In addition, here are two important consideration for those pursuing a green card through the DV Lottery:

1.  If you've been selected for the Diversity Visa lottery, you may include your spouse and children on your green card or immigrant visa application.  This is true even if your marriage took place after you submitted your DV Lottery entry.

2.  Adjustment of status or consular processing?  If you have been selected to receive a DV Lottery visa and are outside the United States, you must apply for an immigrant visa through the Department of State and a U.S. Consulate abroad.  If you are in the U.S., you  you have 2 options: (1) apply for adjustment of status by filing Form I-485 with U.S. Citizenship and Immigration Services (USCIS), or (2) follow the consular processing steps and obtain your green card at a U.S. Consulate abroad. Choosing the best option invovles juggling many factors.  An effective immigration attorney can help advise you on the best strategy.

If you've been selected to receive DV Lottery and need legal advice to overcome the hurdles that still stand between you and your green card, please call me in my Boston immigration law office at (617) 722-0005.

If you are facing deportation or removal from the United States and have a hearing in Immigration Court in Boston or elsewhere, your fate is in the hands of an Immigration Judge who will weigh the evidence and reach a decision. Immigration lawyers refer to this process as the Court's or the Judge's discretion.

People often underestimate the power of an Immigration Judge's discretion.  So I'd like to give you three specific examples of how Immigration Judges have the discretion to decide deportation cases:

#1:  "Why did the Immigration Judge deny my case?  All of my criminal cases were dismissed!"  Imagine that you are married to a U.S. citizen and are applying for a green card.  You have a hearing before an Immigration Judge for your I-485 application to adjust your status to permanent residency.  You have been arrested several times but all of your criminal cases were dismissed.  Even though your criminal charges didn't result in a conviction, it would be a mistake to assume that the Immigration Judge will automatically approve your I-485 just because your criminal cases did not result in a conviction.  You are not necessarily entitled to a green card.  The Immigration Judge has discretion to approve or deny your green card application.  In making that decision, the Immigration Judge will want to know more about your criminal cases even if you were not convicted.  The Judge will weigh the evidence and reach a decision in their discretion.  And if you don't convince the Immigration Judge that you deserve to become a permanent resident, you are going to lose.

#2:  Immigration Bond.  If Immigration and Customs Enforcement ("ICE") arrests you and puts you in jail, you have a right to a bond hearing where you may ask an Immigration Judge to release you on an immigration bond.  The immigration regulations require the Immigration Judge to make three important discretionary decisions.  First, as a threshold matter, the Judge must decide whether you are a danger to the community.  Unless this decision is in your favor, you will not be released on bond. Second, if the Immigration Judge believes that you are not a danger to the community, the Immigration Judge will then decide whether you are likely to return to court if released.  And, third, if the Immigration Judge decides that you are not a danger to the community and that you are likely to return to Immigration Court for future hearings, the Judge will determine the cost of the bond.  The important point is that these three key decisions--dangerousness, flight-risk, and cost of bond--are all entirely within the Immigration Judge's discretion to determine as he or she sees fit.

#3 Asylum:  If you are applying for asylum in Immigration Court, you must convince an Immigration Judge that you have suffered past persecution or have a well-founded fear of returning to your home country. To prove your claim, you may testify and present evidence.  An Immigration Judge has the discretion to decide whether you are telling the truth and whether your case deserves to be approved or denied.

If you lose in Immigration Court because the Immigration Judge makes a discretionary decision that you dislike or disagree with, you do have the right to appeal to the Board of Immigration Appeals.  But no matter how much you disagree with the outcome of your case, it is extremely difficult to successfully challenge an Immigration Judge's discretionary decision.  Appealing the denial of your bond is particularly difficult because you will be in jail while the appeal is pending.  The likely result of your appeal could merely prolong your time in jail.

In short, winning or losing in Immigration Court usually boils down to an Immigration Judge's discretionary decision. And my job as a deportation defense attorney is to persuade the Immigration Judge to make a discretionary decision in your favor.

If you have questions about Boston Immigration Court, bonds, hearing, trial strategy or other issues; or if you need an attorney to represent you, please call me in my Boston office at (617) 722-0005 to schedule an immigration consultation.

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.

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.

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.

With my experience as a Boston immigration lawyer, I know that many people in Boston and throughout Massachusetts mistakenly believe that marriage to someone with U.S. citizenship is a relatively easy and fast way of obtaining permanent residency or green card status and other immigration benefits.  Stop by City Hall in Boston, pick up your marriage certificate and you are automatically entitled to a green card.  And it is believed that once you get married, a work permit will arrive soon after you put your immigration petition in the mail.

Despite this persistent fantasy, a green card through marriage often proves to be difficult path.  For starters, it can be extraordinarily hard to convince U.S. Citizenship and Immigration Services (USCIS) at the Boston District Office that your marriage is truly based on a real and bona fide relationship.  The immigration authorities will be expecting you to produce extensive documentary evidence that you and your spouse have a shared life that involves love and companionship and that your relationship is not just a sham to obtain permanent residency.  At a bare minimum, you can be sure that USCIS will scrutinize all Massachusetts public records to confirm that you and your spouse truly live together in marital union.

Once you get to an immigration interview at USCIS Boston District Office, you may encounter what is called a Stokes interview.  If this occurs, an immigration officer will interrogate you and your spouse separately with an identical set of probing, personal questions.  In this game, there are no wrong answers.  But if the answers that you and your spouse provide don't match, your immigration case will be denied.

Every so often, I'll have an initial immigration consultation in my office in Boston where the potential clients tell me, quite frankly, that their marriage is bogus and then try to enlist my help as an immigration lawyer with the marriage-based green card process.  This would be a kin to a criminal lawyer advising someone how to rob a bank!  Furthermore, aside from the obvious ethical considerations, an immigration petition based on a fake marriage is very unlikely to be approved by USCIS.  The reality is that I have enough difficulty getting USCIS to approve petitions based on marriages that are truly genuine.

Anyone thinking of trying to get a green card based on a fake marriage would do well to remember a line from Mickey Rourke's character in the film Body Heat, which I once heard paraphrased by a Boston Immigration Judge:  "when you commit a major crime, you got fifty ways you can screw up, and if you can think of 25 of them you're a genius, and, counselor, you ain't no genius."  No matter how smart you think you are, USCIS is smarter.  If you can come up with 15 ways to prove that your sham marriage is genuine, USCIS will probably be looking at dozens of other pieces of information, any one of which will blow your cover.

The likely result is that you'll get caught and your immigration application will be denied.  But a denial is not your only risk.  Marriage fraud is a specific ground for deportation.   It gets worse:  under the Immigration and Nationality Act, a fraudulent marriage finding may bar the approval of a subsequent immigrant visa petition.  To understand why this penalty is particularly harsh, let's imagine, for instance, that after the petition based on fraud is denied, the would-be immigrant gets divorced and remarried to another U.S. citizen.  This second marriage is a real marital relationship.  This couple continues to live together for 10 years in utter marital bliss and have 5 beautiful U.S. citizen children together.  In this scenario, the marriage fraud penalty would generally stop this person from ever obtaining a green card.  Immigration waivers for marriage fraud are extremely limited.

And it could be worse!  U.S. Immigration and Customs Enforcement (ICE) agents investigate marriage fraud and prosecute U.S. citizens and foreign nationals for criminal violations.  Severe penalties for marriage fraud include sentences of up to 5 years in federal prison and a $250,000 fine.

In short, when it comes to marriage fraud and a green card, the risk of getting caught is high and the punishment severe.  It's blatantly illegal.  And it's unethical.   For these and other reasons, my best advice as an immigration attorney is to steer clear of marriage fraud.