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Category Archives: Marriage-Based Immigration

Marriage-based green card interview in Boston? You need to know about this new procedure

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. READ MORE

How to Get a Green Card in 27 days. A Boston Immigration Lawyer explains

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. READ MORE

If you entered the U.S. without inspection, your path to a green card is limited. A Boston immigration lawyer explains

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.? READ MORE

How to get U.S. citizenship after only 3 years of green card status

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. READ MORE

Can you get a green card through a same-sex marriage?

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? READ MORE

Boston Immigration Lawyer Joshua Goldstein quoted in the Boston Globe

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. READ MORE

Can you get a green card through marriage if you don’t live with your spouse?

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. READ MORE

The K3 Visa is a Waste of Time and Money

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. READ MORE

Your biggest immigration mistake: Marriage fraud

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. READ MORE