Marriage Interview – Advice for Boston Immigrants

Green card and social security cardMarriage interviews are a requirement for anyone trying to get a green card and citizenship based on their marriage to a U.S. citizen.  In a marriage interview, someone from United States Customs and Immigration Services (USCIS) will ask a series of questions about your relationship designed to see whether your marriage is real or was entered into with the intent of avoid immigration law.

USCIS does these interviews to figure out if your marriage is real or just a scam to gain citizenship. While most people marry for legally acceptable reasons, like wanting to raise a family together, USCIS knows that some people marry solely for the benefit of having a relatively easier pathway to citizenship. If USCIS concludes that your marriage is a fraud, you may face deportation.

The Boston immigration attorneys at the Law Offices of Jacob D. Geller can prepare you for your marriage interview and can attend the interview to relieve some of the pressure off you. Please contact us at 781-462-1346 or online if you have any questions about marriage interviews. In the meantime, read on for some more advice about this process.

1. Gather Evidence of Your Marriage

You’ll want to bring evidence of your relationship to the marriage interview (in addition to any evidence you already submitted with your application). This can include:

    • Pictures of you and your spouse together
    • Emails you wrote each other
    • Records from joint bank accounts
    • Bills with both your names on them
    • Tax returns
    • Photo IDs showing your shared last name
    • Apartment lease or mortgage showing you both live at the same place
    • Anything else showing that your lives are somehow intertwined

2. Think About the Questions You’ll Have to Answer

The interviewer might ask just a few basic questions if he’s confident that your marriage is real.  Some, if not all, USCIS field offices have started making separate interviews the standard, bringing in the US citizen spouse first, and then bringing the immigrant spouse in after to see if they give the same answers to similar questions.  The questions can get more aggressive if the officer suspects fraud.

It’s impossible to know in advance exactly which questions you’ll have to answer because USCIS doesn’t release an official list of inquiries (and, in my experience, although there may be some consistencies in the interviews, the questions outside the basics tend to vary widely). But below are some examples of the types of questions you might see in your marriage interview:

    • When did you meet?  How did you meet?
    • What did you do on your first date?
    • How long did it take for you to get engaged?  How did the proposal occur?
    • When did you get married?  Where did you get married?
    • How many people attended your wedding?
    • What kind of cake did you have at the wedding?
    • Where did you go on your honeymoon?
    • How long was your honeymoon?
    • How much is your rent or mortgage?
    • What is the interior of your home like?
    • How many rooms does it have?
    • What side of the bed do you sleep on?
    • When does your spouse get up in the morning?
    • When do each go to work?
    • When do you each get home from work?
    • Where do you each work?
    • What are your bed times?

3. Make a Good Impression

Always try to make a good impression on the USCIS agent in your marriage interview:

    • Arrive on time
    • Dress appropriately
    • Be polite and friendly
    • Have all your documents ready
    • Speak clearly and confidently when answering questions.

Boston Immigration Attorneys

The Boston immigration attorneys at the Law Offices of Jacob D. Geller can help you prepare for the marriage interview process. Please contact us at 781-462-1346 or online for a free consultation.

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Deportation is Focus of Immigrants’ Rally in Boston

Immigrants and their supporters rallied in East Boston on Saturday to bring attention to the effects of deportation on families and to call for immigration reform.

Numerous immigration advocacy groups, including the Student Immigrant Movement, Mass Uniting, and the Massachusetts Immigrant and Refugee Advocacy Coalition, organized the event in honor of Mother’s Day.

Conrado Santos, a member of the Student Immigrant Movement, said the possibility of immigration reform gives hope to a community living with the constant threat of deportation.  “Our community is already suffering so much under the weight of deportation,” he said.  “But on the other hand, I think people are excited.  For the first time in 26 years, immigration reform is a real possibility.”

Santos is an undocumented immigrant who came to the U.S. with his parents from Brazil when he was 13.  He graduated from Somerville High School, and studied philosophy and public policy at Umass Boston without graduating because it was too expensive.

Monique Nguyen of Quincy, MA also attended the rally.  She’s the director of MataHari: Eye of the Day, a human rights organization for immigrant women and women of color.  She urged people to consider

“When people think about immigration reform, they should think about families,” she said.

Nguyen’s parents fled Vietnam during the war and moved to Canada, where she was born.  The family later moved to Houston, Texas to help take care of her aunt who was injured in an automobile accident.  After spending 15 years in the U.S., her parents’ visas lapsed and they gave up trying to become citizens.  “After being in the US for 15 years, they all dropped their lives to start over in Canada,” she said. “They moved around their whole life, losing their country and then coming here. It’s been really difficult.”

Nguyen became a permanent U.S. resident in 2007 after marrying a New Yorker of Filipino descent, and no longer has to face the threat of deportation.  She studied nutrition and global business at the University of Houston.

Boston Immigration Attorneys

At the Law Offices of Jacob D. Geller, we understand how deportation affects families in the Boston area.

Please contact us at 781-462-1356 or online for a free consultation if you or a loved one are facing the threat of deportation. Our experienced deportation/removal attorneys can advise you of your rights and use a number of legal strategies to try to prevent the deportation/removal process.

Source: At rally, immigrants focus on deportation’s impact on families, www.bostonglobe.com, May 12, 2013.
Immigrants and their supporters rallied in East Boston on Saturday to bring attention to the effects of deportation on families and to call for new immigration laws.

 

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Tech Companies in Boston Seek More H-1B Visas

Many of the nation’s leading tech companies, some of which have a presence in the Boston region, are aggressively lobbying Congress to include an expansion of the H-1B visa program in any immigration reform legislation. Continue reading

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U Visa Helps Immigrant Victims of Crime Stay in US

A Path to Residence for Certain Victims

The U Visa program is giving immigrants in the Boston area and beyond who are victims of certain crimes a way to stay legally in the U.S.  Immigrants who help law enforcement officials investigate and prosecute certain serious crimes

Crime of Violence

The U Visa can help certain victims of violent crime become residents.

can get temporary legal status with a U Visa, and the chance to gain permanent resident status later if certain conditions are met. Some of the covered crimes are domestic violence, felonious assault, prostitution, rape, sexual assault, and trafficking. For a full list of covered crimes, visit the Department of Homeland Security’s website (a link has been provided below).

Congress created the U Visa when it passed the Victims of Trafficking and Violence Prevention Act of 2000, recognizing that immigrants are especially vulnerable to crimes like human trafficking, sexual assault, domestic violence, and others. Congress saw that immigrants without legal status may hesitate to report these crimes due to a fear of deportation, language barriers, and a number of other circumstances unique to immigrant communities.

A Complex Process

The way the program works is that immigrants who believe they are eligible for a U Visa can complete the USCIS Form I-918, and submit it to USCIS with all the necessary supporting documents like the law enforcement certification, Form I-918B.  The law enforcement certification must be signed by a valid official in order to acquire the visa.  The process is complex, so it’s a good idea to seek help from an attorney. Law enforcement agencies can also initiate the process themselves.

If USCIS finds the person to be eligible, it will give the U Visa holder nonimmigrant status to live and work in the U.S. for no more than 4 years. After three years of continuous presence in the U.S., the U Visa holder can apply for a green card (permanent resident status). The U Visa holder will have to meet other eligibility requirements and continue cooperating with law enforcement officials, if necessary.

An important benefit of the U Visa program is that it allows certain immediate family members to live and work in the U.S, including spouses, parents of child U Visa-holders under 21, unmarried children under 21, and unmarried siblings under 18.

Boston Immigration Attorneys

The Law Offices of Jacob D. Geller is prepared to help Boston-area immigrants with the U Visa application process.

Please contact us online or call us at (781) 462-1346 for a free consultation if you believe you may be eligible for the U Visa. Our experienced attorneys will oversee the process from beginning to end, so you can be sure that your case is handled professionally and efficiently so that you can acquire your status in the United States.

Source: U Visa Law Enforcement Certification Resource Guide, www.dhs.gov.

Posted in Crimes, Immigration, Permanent Residence/Green Card | Leave a comment

The Boston Bombings – A Poor Reason to Stop Immigration Reform

Immigration Reform Should Move Forward in the Wake of the Boston Marathon Bombings.

As an attorney located in Boston only blocks away from the site of the Boston Marathon bombings last week, I am particularly sensitive to the issue of the alleged bombers’ status as immigrants.  Shortly after the bombing, the bipartisan group known as the Gang of Eight released a proposed bill for immigration reform (for more information on the substance of that proposal, see our article Immigration Reform Would Affect Immigrants in Boston).  Hearings on this proposal began on Friday and continued on Monday, where Republicans raised the Boston Marathon bombings as an example of why immigration reform should be delayed.  There is absolutely no rational behind such a suggestion.

The truth is that the alleged bombers were both immigrants.  One of them was a U.S. citizen and one was currently a lawful permanent resident.  They had immigrated to the United States with their parents and received their status through asylum.  Asylum is a form of relief mandated under international law and the United Nation to protect certain people from being persecuted in their home countries.  Immigration reform does not seek to limit asylum nor change the way asylum is construed under U.S. immigration law.  It would not have prevented the legal immigration of the two alleged bombers.

In fact, the approximately 11 million persons currently in the United States without legal status are more difficult to detect than the people who legally immigrate.  Reform would actually lead to additional people being fingerprinted and placed in federal databases.  It would allow cross-checking of people and, in fact, would improve the government’s ability to combat terrorism and crime as these records could be cross-checked with foreign crime agencies.

Immigration reform that led to people gaining status in the United States would foster civic passion in the new immigrants.  They would eventually be able to take part in the political process and this would foster feelings of inclusion rather than the exclusion and marginalization that occurs with many immigrants with no legal status.  This can only improve our safety, contrary to what opposing politicians might suggest.

The Boston Marathon bombings were a horrendous occurrence.  There is no question that we should take steps to prevent anything similar happening in the future.  However, delaying or defeating comprehensive immigration reform is not going to make our country safer or prevent an event like this from happening again in the future.

We here at the Law Offices of Jacob D. Geller feel very strongly about the need for immigration reform.  Many of our clients are in immigration proceedings with no viable means of relief.  We urge everyone capable of supporting immigration reform to do so for the sake of the United States, a country that was built by immigrants.

Sources

Sen. Leahy continues to pursue immigration reform, by Neil P. Goswami, Bennington Banner News, April 23, 2013.

Q. and A.: The Senate Immigration Bill, by Julia Preston, New York Times, April 22, 2013.

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Immigration Reform Would Affect Immigrants in Boston

Woman holding immigration reform sign.

Immigration Reform is making progress.

Congress will be considering comprehensive immigration reform legislation that could lead to big changes in the way the federal government deals with immigrants unlawfully present in the Boston area and throughout the country. On Tuesday, a group of Democratic and Republican senators known as the Gang of Eight introduced a bill to give legal status to the 11 million people who illegally entered the United States or overstayed their visas.

“Our immigration system is broken and it is time for a national conversation about how to fix it,” the Senators said in a joint statement Wednesday. “We believe common-sense immigration reform is vital in order to secure America’s borders, advance our economic growth, and provide fuller access to the American dream.”

Law Offices of Jacob D. Geller has been closely following the immigration reform debate over the past few months.  Here’s how this proposed legislation could impact the approximately 160,000 immigrants living without status in Boston and the rest of Massachusetts:

    • Undocumented immigrants would have a path to citizenship if they came to the country before December 31, 2011, hold a job, pay a $500 fine and all back taxes, and haven’t committed a felony or three misdemeanors.
    • Someone meeting all those requirements would become a registered provisional, and be able to stay in the U.S. legally without the threat of deportation.  He or she would not have access to some public benefits.
    • The provisional status would be renewed after six years if the individual has a consistent work history, isn’t a criminal, and pays an additional $500 fine.
    • Four years after that, he or she could apply for a green card that would require a steady work history, continuous presence in the U.S., regular tax payments, knowledge of English and civics, no criminal record, and payment of a $1,000 fine.
    • The individual would be eligible three years later to become a citizen.  This pathway, in total, would take 13 years and a minimum of $2,000 in fines plus all back taxes, in addition to the other requirements.
    • Three years after that, the person would be eligible to become a citizen.

In total, the path to citizenship would take 13 years and requires a minimum of $2,000 in fines plus all back taxes among other requirements, according to the Washington Post.

The bill would offer an easier route to citizenship for people who entered the U.S. when they were young, the aptly named “Dreamers”.  Students who came to the country before they were 16, graduated from high school, and have been in the country for five years could apply for permanent residency in five years.  They would be able to apply for citizenship immediately after that if they finish at least two years of college or serve two years in the military. 

President Obama indicated his support for the legislation before its release, saying “I urge the Senate to quickly move this bill forward and, as I told Senators Schumer and McCain, I stand willing to do whatever it takes to make sure that comprehensive immigration reform becomes a reality as soon as possible.”

For more information about how immigration would affect Boston-area immigrants, please contact us at Law Offices of Jacob D. Geller or email us at esben@jdgellerlaw.com.

Sources:

Bipartisan group introduces immigration reform bill, www.latimes.com, April 17, 2013.
Gang Of Eight Unveils Immigration Reform Details, miami.cbslocal.com, April 17, 2013.
Statement by the President on Commonsense Immigration Reformwww.whitehouse.gov/the-press-office, April 16, 2013.

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Divorce and Immigration – I’ve been married for years! But Immigration says I’m not!

Two people getting married

A marriage isn’t always valid just because you place the ring on her finger!

I’m not married to my wife?

Lots of my clients enter the firm and tell me “We’ve been married for five years, we have two children together, we even own a house together!  And immigration is telling me we’re not married!”  I always sigh to myself because before they even explain their predicament, I know what they’re going to say.  Because of the way our legal system works, just because you get a divorce doesn’t mean it will be considered valid for immigration purposes.  Immigration must be considered prior to divorce where a foreigner is involved.

Usually my client’s story goes like this:

    • one or both of the spouses had been married before to a foreigner;
    • they had divorced their prior spouse by signing documents at the consulate;
    • the law of the foreign country clearly states that it is valid under their laws to do  a divorce this way;
    • The consulate never told them they couldn’t do it that way; and
    • the town clerk had no problem giving them a marriage license for their new marriage.

I always try to catch this early because it’s extremely common, especially these days when everyone is trying to save money and get divorced quickly.  If I see a foreign divorce, it is only the rare case that it was done in such a way that it will be recognized for immigration purposes.

Ask an attorney about divorce and immigration!

The law on recognizing foreign divorces (or, for that matter, divorces from another state) for the purposes of immigration is very clear.  Only if one of the spouses getting divorced has domicile in the place of the divorce will the divorce be recognized in the United States.  Having domicile means that the person has resided there for six (6) months or more.

And no one will tell you that.  Except, perhaps, an attorney.  The clerk at the town hall where you got “married” again won’t tell you.  Even a clerk at the court most likely won’t tell you.  It’s not their job to know the laws.  It is an attorney’s job, however.

If you have questions about divorce and immigration and want to discuss your case’s specific details with an immigration attorney, contact Law Offices of Jacob D. Geller at 781-462-1346.

Divorce takes time and many of my clients are eager to get remarried and file for their new spouse (or get remarried have someone file for them).  But keep in mind that the invalid marriage is generally not caught by US Citizenship and Immigration Services (USCIS) until the end of the process… after you have paid all the fees, after you have gone to an interview by USCIS.  And you will have to begin the process all over again when you receive the decision.

So, although it will take time, I always advise my clients to get “re-divorced” and “re-married” so that they will be able to show USCIS that they were free to marry when they got married.

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Law Offices of Jacob D. Geller are Moving!

The Law Offices of
Jacob D. Geller are moving!

Jacob D. Geller, Esq.

Jacob D. Geller, Esq.

As of March 1, 2013, we will be located at our new office space at

29 Commonwealth Avenue, Suite 700
Boston, MA 02116
(781) 462 – 1346
www.jdgellerlaw.com

That’s right, we’re moving to Boston, where we’ll be even more accessible than before, located only two blocks from the Arlington stop off the Green line.  And if you’re driving, there’s plenty of metered street parking on the streets surrounding our offices.

As always, we appreciate your confidence in our services and we look forward to continuing to serve you at our new location!

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Provisional Unlawful Presence Waiver is a reality!

Immigration waiver

A provisional waiver may allow you and your loved one to be separated for less time!

The Secretary of Homeland Security released a press release on January 2, 2013 stating that the Provisional Unlawful Presence Waiver has finally been issued and will go into effect beginning March 4, 2013.  Update: The provisional unlawful presence waiver is now in effect!

For those of you who don’t know what this is: when a person is in the United States without status for more than 6 months and then leave, they are considered inadmissible (basically ineligible to enter the United States) for three years (or, if they are here for more than 12 months and then leave, they are inadmissible for ten years) without submitting a waiver or pardon to immigration asking for forgiveness of their out-of-status time in the country.

Who does this affect?

Generally, this affects people who entered the United States without inspection who have a relative who is a U.S. citizen or lawful permanent resident.  This means that people who married U.S. citizens but had not entered the United States with a visa were required to leave the United States in order to get their green cards, and when they do so, they have to file these waivers.

What was the problem?

Prior to the recent change in the process, the waiver could not be filed until the consular interview.  Unfortunately, the waiver has historically taken anywhere from 3 months to over a year to be processed.  Since people couldn’t file the waiver until after they had already departed the United States, they were required to remain outside the United States (and hence, separated from their family) until they received an approved waiver.

If you have questions about the Provisional Waiver process or consular processing in general and want to discuss the process with an immigration attorney, contact Law Offices of Jacob D. Geller at 781-462-1346.

What has changed?

The provisional waiver seeks to fix this issue by allowing immediate relatives such as spouses to apply for a provisional waiver while here in the United States.  If the waiver is granted, they can leave the country for a consular interview.  However, rather than waiting months in their home country, they might wait weeks because they will already have an approved waiver.  The consular office will accept the provisional waiver as an approved waiver, and if there are no other barriers preventing the immediate relative from getting their green card, they will have their passport stamped and will be able to enter the United States as a lawful permanent resident.

For those people in this situation, this is a huge change that will mean that families won’t be separated for long periods of time.  Further, it allows people who are uncertain of whether they will be granted a waiver to attempt it while here in the United States.  If it is not granted, in many cases they can simply remain in the United States, appeal the decision or try again until it is granted.

If you want more information about the process, I wrote about it here: Consular Processing Getting a Green Card for your Border Crossing Spouse.  The process, other than the waiver, has remained the same.

Posted in Immigration, Permanent Residence/Green Card, Waivers | Leave a comment

H-1B Cap Count – You still have plenty of time to get that H-1B for October!

Each year, 65,000 H-1B visas are available for persons subject to the numerical limitations or “cap”.  In addition, 20,000 potentially additional visas are available for those with U.S. master’s degrees or higher.  Once these numbers have been met, no more cap-subject H-1B visas will be provided for the 2013 fiscal year.

The current count on 25,000 cap-subject petitions accepted for processing and 10,900 towards the master cap since April 1, 2012, the beginning of the H-1B cap-season.  This means there are still quite a few visas left.  The past two years have seen H-1B visas running out in early 2010 and then late 2011.  As the economy heats up, the time until visas run out is likely to get shorter and shorter.

Source: H-1B Fiscal Year (FY) 2013 Cap Season

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