Massachusetts Immigration Lawyer Blog

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.

"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.

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.

In 2007, Immigration and Customs Enforcement--the agency, which handles immigration bonds and is in charge of deportation--moved its offices from the centrally-located JFK Federal Building in downtown Boston to a remote office park way out in the boonies of Burlington, Massachusetts.

In my years of experience as an immigration lawyer specializing in deportation cases, I've noticed that many of my clients don't have cars and rely on public transportation. My clients need to travel from Boston area to the Burlington, MA immigration office to post immigration bonds or to report in for orders of supervision or orders of recognizance. My immigration clients often ask me how to get to ICE's Burlington office from Boston using public transportation.

The answer is quite simple. Take the MBTA Red Line to Alewife Station. From there, take the 350 Bus to the Burlington Mall, which is located adjacent to the office of Immigration and Customs Enforcement. The schedule for the 350 Bus can be found here.

The address, once again, for ICE in Burlington is:

U.S. Immigration and Customs Enforcement (ICE)
Office of Detention and Removal Operations (DRO)
10 New England Executive Park
Burlington, Massachusetts 01803

I hope this information is helpful to you.  Should you need assistance with an immigration case, please call my office at (617) 722-0005 and schedule an immigration consultation to meet with me.

When I go to Immigration Court in Boston, my goal is to protect my clients from deportation. I work hard to explore all options, to come up with a winning strategy and to prepare my cases in a way that ensures success. Of course, I want my clients to come away with a green card.

But the sad reality is that for some people who must appear in Immigration Court, the facts of their particular cases render them ineligible for any relief from deportation. For such cases, there is simply no way under the current immigration laws to prevent deportation. And, when faced with limited options, many lawyers routinely ask the Immigration Judge for an order of voluntary departure.

Voluntary departure permits a person to leave the United States voluntary and it removes a bar to inadmissibility that would otherwise result from being deported, i.e., receiving an order of removal. The consequences of being deported are indeed severe. If you receive an order of removal, you would be inadmissible for 10 years. And this 10 year bar runs from the date that you are physically removed from the United States, not the date that the Immigration Judge ordered your removal.

Although voluntary departure may help you avoid deportation, the consequences of failing to comply with a voluntary departure order may be worse than deportation itself.  Consider that a person who is granted voluntary departure after 1996 but fails to voluntarily leave the United States may face:

• civil penalties including fines of $3,000; and
  
• a 10-year bar from important immigration options such as cancellation of removal, adjustment of status, and change of status;
  

Also, it is harder to file a motion to reopen or reconsider a voluntary departure order, although this issue has been the subject of extensive litigation and new regulations.

These stiff penalties for those who violate an order of voluntary departure do not apply to people who are given orders of removal or deportation.  And what's worse, once a person fails to voluntarily leave the U.S., the voluntary departure order then becomes an order of removal or deportation.  If such a person decides to leave the U.S. after failing to depart voluntarily as required, this later departure is considered "self-removal," which is the equivalent of deportation.

Sure, voluntary departure may sound better than deportation.  But if an Immigration Judge gives you an order of voluntary departure and you fail to depart, you may end up in a worse position than someone who simply receives an order of removal or deportation.  You should not consider voluntary departure unless you are truly prepared to leave the United States, preferably in consultation with an immigration lawyer and as part of a strategy to return to the US.  The decision becomes complicated because many people who are in deportation proceedings face additional grounds of inadmissibility for being unlawfully present in the U.S.

In short, voluntary departure is relief from deportation.  Yet given the harsh consequences, for most people, I consider voluntary departure to be a cure that is worse than the disease.

Need advice about voluntary departure in Boston Immigration Court or other immigration law issues?  Call me at (617) 722-0005 and set up an immigration consultation in my Boston law office.

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.

The K3 visa and the K-4 visa are completely useless, particularly for Massachusetts residents.  I say this with confidence as an immigration lawyer in Boston with extensive experience in marriage-based immigration.  I've prepared countless green card cases at consular posts around the world.  To explain why I believe filing a K-3 or a K-4 visa is a waste of time and money, let me first provide some background information on the K-3 and K-4 visas.

The K-3 visa is a non-immigrant visa that allows the spouse of a U.S. citizen to enter the U.S. while an immigration petition (Form I-130) is pending with the U.S. Citizenship and Immigration Services (USCIS; the immigration agency formerly known as the INS).  The I-130 is a petition that U.S. citizens with foreign spouses must have approved in order for their foreign spouse to be eligible for an immigrant visa in the United States. The K-4 visa is available for the children (unmarried and under 21) of a K-3 visa holder. Ideally, a U.S. citizen would submit the I-130, get the receipt notice shortly thereafter, and then apply for a K-3 and/or K-4 visa so the non-american citizen spouse and/or children could reside in the U.S. while the I-130 is pending.  

However, the process does not work so smoothly. If you live in Massachusetts, you can file for a K-3 or K-4 visa by filing Form I-129F with the USCIS Vermont Service Center. In order to do so, you need to have a receipt notice of your I-130 application (a document from USCIS that confirms they have received your I-130 application), which takes a minimum of 3 weeks from the date you submit your I-130. But, if you look at the current processing times for the I-130, the K-3 and the K-4 visas on the USCIS website, it currently shows it takes about 5 months to process each of those applications. In other words, it is likely that an I-130 would be approved before the K-3, or K-4 visas approved!  

Let me rephrase this because I know that what I'm saying may sound a little crazy.  But accordingly to USCIS's own website, the I-130, K-3 and K-4 visa are all processed in exactly the same estimated time frame.  Since you would have to wait about three weeks after filing an I-130 receipt to file for the K-3 or K-4 visa, and all three applications take about the same amount of time to be processed, your I-130 application will almost certainly be approved before your K-3 and K-4 visa. What this means is that if you file an I-130 immigrant petition for your husband or wife and then apply for a K-3 non-immigrant visa, it is almost certain that your I-130 will be approved before your K-3 visa.  Given these estimated processing times, why would anyone apply for a K-3 or K-4 visa?

I hope my insight saves you from needless frustration.  And if you have any further questions about consular processing, immigration through marriage or anything else.  And if you are seeking an immigration attorney, I can always be reached in my Boston office at (617) 722-0005.

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.

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.

As an immigration lawyer In Boston focusing on deportation defense, I know that each our Immigration Judges has a particular reputation and perspective.  The Immigration Judge to which your deportation case is assigned will have a great bearing on how your case is handled as well as the ultimate outcome. Immigration Court in Boston currently has the following six Immigration Judges:

Matthew J. D'Angelo
Leonard I. Shapiro
Paul M. Gagnon
Robin E. Feder
Eliza C. Klein
Francis L. Cramer

Boston Immigration Court - Schedule of Non-Detained Master Calendar Hearings:  To figure out which Boston Immigration Judge will be handling your deportation case, (assuming you a not detained) use the following schedule for master calendar hearings (FYI:  your first appearance is called a master calendar hearings):

Matthew J. D'Angelo - Wednesday morning
Leonard I. Shapiro - Wednesday afternoon
Paul M. Gagnon - Tuesday morning
Robin E. Feder - Tuesday morning
Eliza C. Klein - Thursday morning
Francis L. Cramer - Tuesday afternoon

Boston Immigration Court - Schedule of Detained Master Calendar Hearings:  For deportation cases in which the foreign national is detained by the Department of Homeland Security or U.S. Customs and Immigration Enforcement, the following is the schedule of master calendar hearings or bond hearings in Boston Immigration Court:

Matthew J. D'Angelo - Tuesday afternoon
Leonard I. Shapiro - Thursday morning
Paul M. Gagnon - Wednesday morning
Robin E. Feder - Monday morning
Eliza C. Klein - Monday afternoon
Francis L. Cramer - Wednesday afternoon

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.

Congratulations! An Immigration Judge in Boston just ordered the release of your friend or loved one with an immigration bond. He or she will be released from the custody of Immigration and Customs Enforcement soon after you post your immigration bond. As an attorney specializing in deportation defense, I routinely represent detained immigrants in Immigration Court in Boston. I can offer you the following suggestions to help make the process of posting an immigration bond a more hassle-free experience.

1. Call the immigration bond officer first at (781) 359-7670.

Before you drive to the immigration office in Burlington, Massachusetts to post your immigration bond, I strongly suggest that you call and speak to the immigration bond officer in charge of your friend or loved one. 781-359-7670 is a phone number that Immigration and Customs Enforcement has dedicated exclusively to immigration bond inquiries. All other immigration questions should be directed to the main phone number at 781-359-7500. By calling in advance, you're putting the immigration bond officer on notice that you plan to post the bond. This extra step will give the immigration officer time to locate the file of the person detained and to do other preliminary work. As a result, the immigration bond will be confirmed faster and your friend or loved one will be released with less delay.

2. Who can post an immigration bond?

An immigration bond can only be posted by someone with U.S. citizenship, legal permanent resident (green card) status or other valid US immigration status.

3. What information do I need to post an immigration bond?

You will need the A number (alien registration number) of your friend or loved one and the address where he or she will live after being released from custody.

4. Where do you post an immigration bond in the Boston, Massachusetts area?

U.S. Immigration and Customs Enforcement (ICE)
Office of Detention and Removal Operations (DRO)
10 New England Executive Park
Burlington, Massachusetts 01803
Main number: 781-359-7500
Immigration Bond Inquiries: 781-359-7670

5. When can I post an immigration bond in the Boston?

Monday - Friday from 9:00 AM to 2:45 PM (EST). I recommend that you arrive early in the day.

6. What form of payment are accepted for posting an immigration bond?

Immigration bonds must be posted using a bank check or money order made payable to Immigration and Customs Enforcement. Do not abbreviate or use acronyms. Immigration and Customs Enforcement must be spelled out in full in your check or money order or your payment will not be accepted. You cannot pay an immigration bond using cash or a personal check.

7. What forms of ID are required for posting an immigration bond?

In order to post an immigration bond, you will need a driver's license, passport, or other government-issued photo ID. You will also need to bring your original Social Security Card or Social Security Form SSA-2458. If you are a US citizen, bring your original certificate of naturalization or US passport. If not, you must bring your alien resident card (green card) or valid, unexpired work permit (EAD card, Employment Authorization Document).