Massachusetts Immigration Lawyer Blog

Boston Green Card Lawyer News

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

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

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

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

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

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

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

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

Green Card Lawyer Boston, Massachusetts

If I had a dollar for every time a client has told me that their friend got their green card is four weeks, I'd have been able to retire long ago. But the reality is that, right now, if everything goes perfectly, when someone living in the Boston, Massachusetts area seeks a green card through adjustment of status (I-485) based on a concurrently-filed visa petition (I-130) filed by through U.S. citizen spouse, the entire process takes about 5 months, give or take a month or so.

Contrary to my normal experience, yesterday, I witnessed a miracle. My client got a green card in just 27 days. That's right--27 days!  So how was he able to blast through the entire immigration process in such a short period of time?

Here's the background on this happened. My client was a research scientist at a famous university in Boston, Massachusetts. In late-October, he was selected to receive a prestigious award, which carried with it $1 million in research funding. But there was one small problem. To qualify for the award, he needed to become either a permanent resident or a U.S. citizen by the first week of December. I told him that it was unlikely that he would be able to get his green card in such a short time frame. But since he intended to apply for a green card anyway, I saw no harm in trying.

Under time pressure, my office prepared all the immigration forms in a single day. Don't ask me how but the client managed to walk away with a completed medical exam in one day. Next, we filed his green card case with USCIS and got immigration receipt notices back in one week.

Then, I enlisted the help of Ines Goncalves-Drolet, a miracle worker who handles constituent services for Congressman Barney Frank. At the request of Ines and Congressman Frank, USCIS Boston District Office agreed to request the file and expedite my client's I-485. USCIS National Benefits Center sent his green card file to USCIS Boston District Office via overnight courier and an adjustment of status interview was scheduled within a few days time.

For helping my client expedite his green card, I owe a deep debt of gratitude to Congressman Barney Frank, Ines Goncalves-Drolet as well as USCIS Field Director Karen-Anne Haydon, District Director Denis Riordan and the officers and staff at USCIS Boston District Office. Without crucial help from these people and others, my client would likely still be waiting for his green card and one million dollars in research funding might have been lost.

If you want to get your green card approved in an expedited fashion, it's easy!  All you need is an immigration case with impeccable merits, a compelling national interest, the sympathetic ear of a congressional representative, the favorable discretion of your local USCIS field office director . . .  and a good measure of luck.

If you need help with your green card, citizenship or other immigration case, call my Boston immigration law office at 617-722-0005. I'd be happy to help you.

Boston, MA Deportation Defense Attorney

As an immigration lawyer, I frequently meet with people who have entered the United States without a visa or without being inspected by an immigration officer at an airport or border. Such people have sneaked their way into the United States and now they seek a green card or some other legal status. We immigration lawyers refer to this class of people as EWIs (entry without inspection).  What immigration options are available to someone who has no proof of being properly admitted and inspected upon entry into the U.S.?

One common path to permanent residency status is through marriage to a U.S. citizen. But U.S. immigration laws only allow someone to get a green card or become a permanent resident through adjustment of status if they can prove that they entered the U.S. with a valid visa. Proof of entry requires an I-94 record of entry, which is why this little piece of paper might be the most important document for your green card case.

If you haven't entered the U.S. with a visa and with inspection by an immigration officer, and are not required to appear in Immigration Court before an Immigration Judge, your immigration options are mostly limited to:

245(i): you can get a green card through marriage, a family member or through employment even if you entered without inspection, overstayed your status or worked without authorization, if you can take advantage of 245(i), which requires you to have been the beneficiary of an approvable labor certification or visa petition (I-130, I-140, I-360, I-526), which was filed on or before April 30, 2001 and were physically present in the U.S. on December 21, 2000. USCIS requires a fee of $1,000.

TPS: Temporary Protective Status is available for people who entered the U.S. without inspection. Although TPS is not a green card and doesn't lead to permanent residency status, those with TPS are eligible for employment authorization, work permits, and may not be deported. TPS is only available for certain nationals of Haiti, El Salvador, Nicaragua, Somalia, Sudan and certain other countries designated by the Department of Homeland Security.

VAWA: The Violence Against Women Act or VAWA provides a path to a green card for victim of an abusive U.S. citizen or lawful permanent resident parent or spouse even if they entered the U.S. without inspection or parole.

Asylum, Withholding of Removal, and Convention Against Torture: these persecution-based forms of immigration relief are for people who are afraid to return to their country of origin. Proof of proper entry and inspection isn't required.

Cancellation of Removal for Non-lawful Permanent Residents:  You can obtain a green card by applying for cancellation of removal in Immigration Court before an immigration Judge if you have been continuously present in the U.S. for 10 years, can demonstrate good moral character, and can show that your deportation would cause "exceptional and extremely unusual" hardship to a U.S. citizen or lawful permanent resident spouse, child or parent.

Other immigration options may exist for those who have entered without inspection.  If you would like to find out more information about these and other options, feel free to call me in my Boston immigration law office at 617-722-0005.  I'd be happy to meet with you and evaluate your options.

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 Immigration Lawyer

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

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

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

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

As an Boston immigration lawyer and expert on the marriage-based green card process, I was quoted in today's Boston Globe article discussing marriage fraud and earlier in a Boston Herald article.  I also appeared on The Boston Channel, WCVB Channel 5 news discussing deportation and sham marriages.  You can watch the news video here.  And you can read my blog on marriage fraud and green cards here.

The Boston Globe article looks at the immigration problems of 3 Pakistanis whom the Department of Homeland Security has detained in connection with the Times Square bombing.  According to media reports, they are facing the prospect of deportation or removal from the United States and are appearing in Boston Immigration Court before Immigration Judge Robin Feder.  Each are married to U.S. citizens.  But attorneys from Immigration and Customs Enforcement allege that the marriages are fraudulent. 

Can you avoid deportation by marrying a U.S. citizen?  The answer is yes . . . and no.  Let me explain.

First, if you get married after the government has initiated deportation proceedings, you will have to overcome the presumption that your marriage is sham and that the only reason you got married was to avoid being deported.  Before you can even apply for your green card, you'll have to prove by "clear and convincing" evidence that your relationship was entered into in good faith.

Many people get green cards through marriage.  But the process for getting a green card through marriage while facing deportation is totally different.  You'll have to file a stand-only I-130 visa petition and specifically request, IN WRITING, an exemption based on a good-faith marriage.  And you can file your I-485 if, and only if, U.S. Citizenship and Immigration Services (USCIS) approves your I-130. 

Finally, even if USCIS grants your I-130, you are not out of the woods.  You'll have to have an adjustment of status interview before an Immigration Judge who will independently review whether your relationship is a sham.  This hearing will be adversarial and the Department of Homeland Security is represented by experienced trial attorneys who will rip you to shreds on cross-examination if your marriage is sham.

USCIS doesn't take marriage fraud lightly.  If caught, you'll be barred from future visa petitions and face criminal fines of up to $250,000 and five years imprisonment.

Bottom-line:  if you are required to appear in Immigration Court and considering marriage as a way to avoid deportation, you should consult with an immigration lawyer with considerable experience in courtroom advocacy.  Call me at 617-722-0005 to discuss your immigration case.

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.

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.

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.