Category: News

Vaccinations — you have to get them unless you qualify for a medical and religious exemption

Learn about vaccinations and medical requirements for the green card application, including exemptions for medical and religious reasons.To get a green card through marriage, you need to undergo a medical exam with a USCIS approved doctor. You can find the doctors using the tool at this website. The doctor will give you a sealed envelope with Form I-693. You should also request an unsealed copy of Form I-693 so that your attorney can review it. 

The medical exam requires you to have certain vaccinations. You can find the vaccination list at this link.  There may be vaccinations that you cannot get right now due to your current age or health reasons. If so, there is no problem, and those would be considered medical waivers to the vaccination requirement. However, if the doctor determines that you need a vaccination and you do not want to take it for a medical reason and the doctor does not agree,  you will have a problem. 

Also, you may not want to get a vaccination for religious reasons. Those waivers are difficult to obtain, and you must show the following:

  • You are opposed to all vaccinations in any form.: This means you are opposed to all vaccinations, not just a specific vaccination such as the flu or COVID vaccinations. You may have received vaccinations as a child, but as long as you have not received any as an adult, you may be able to meet this requirement.  
  • Your objection must be based on religious beliefs or moral convictions.: You have to show that you belong to an actual religion that holds an actual opposition to vaccinations. A mere preference of yours won’t cut it. 

The religious belief or moral conviction must be sincere.: Again, you have to show that you are part of a religion that holds this belief. If you just joined the religion recently, you’ll have more difficulty proving that this is a “sincere” religious belief.

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-744-7919) or email hello@cambridgeimmigrationlaw.com to get in touch.

 

Why should you get the medical done before you file your I-485 application and, in most cases, submit it with your I-485 application?

Know the importance of including your medical exam with the I-485 application for a smooth green card process.You should get your medical exam completed before you file your green card for two important reasons. First, you–and I as your attorney–want to see if any issues come up with your medical exam. For example, a client recently conducted her medical exam and learned that she was positive for TB (tuberculosis). With that diagnosis, she is not eligible for a green card. She needed to get the necessary treatment–which took 8 months–in order to get a clear and complete medical exam. If she had filed without the medical exam, waited for an RFE, and then learned that she had TB, she may not have been able to respond to the RFE by the 3-month deadline and her entire case would have been denied, and she would have had to start over. Sometimes, even when we see negative results, we file the application due to certain legal issues. However, it’s best to decide to file without the medical exam knowing why you’re applying without the medical exam. 

The other big reason to file with the medical exam is that USCIS can fully approve your case if the medical exam is included. Meaning, in most cases (since 20220, there will be no interview. Lots of people used to bring the medical exam to the interview. Now, you do not always have that opportunity. If you don’t file the medical exam with your application, the approval of your case may be slowed down because USCIS has to ask you for the exam, you have to send it to USCIS, and then USCIS has to get back to looking at your case once you send in the exam.

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-766-0214) or email hello@cambridgeimmigrationlaw.com to get in touch.

Why you should get your records through Freedom of Information Act Requests?

Discover the importance of Freedom of Information Act (FOIA) Requests for your immigration records and applications in this article.Before you do anything with the government, you should find out what records the government has about you. Here are a few examples why:

**You’re ready to apply for citizenship, and so you apply for a copy of your USCIS records that relate to your Lawful Permanent Resident Adjustment of Status application. Once you get your USCIS records, you see that you made a mistake on your application: you noted an incorrect address for a prior residence. This is not a big deal, but you want to put the correct date on your N-400 application, and be ready to explain the mistake if asked at an interview. 

**You’re ready to apply for citizenship, and you do not remember if you disclosed a criminal issue that occurred before you become an “LPR”/green card holder. Once you get your USCIS records, you see that you did NOT disclose the issue. The criminal issue would not have made you ineligible for the green card and you had another criminal issue that you disclosed. That means that you answered “yes” that you had criminal issues, but you just did not describe them all. I would talk to you about why you did not disclose this issue. Were you represented by an attorney who forgot to include the information? Or, did you not realize that the incident was actually criminal because you though all driving offenses were civil? Whatever the reason, you need to give a good explanation to USCIS and make sure that the omission is explained as a mistake, not a misrepresentation or fraud. If USCIS thinks it’s a mistake, you’re citizenship application will likely go through fine. If USCIS thinks that it was a purposeful misrepresentation, you risk losing your LPR/green card status. 

**You want to apply for a “green card” through your US citizen spouse. You had a green card years ago through a job, but you left the US 20 years ago and have not lived in the US since then. You should get a copy of your USCIS records to make sure that you put all the correct information in your new application about your prior green card status, for example, when you got the green card, the name of the employer that helped you get the green card, and the INS/USCIS location where your green was processed.

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-744-7919) or email hello@cambridgeimmigrationlaw.com to get in touch.

Do you have prior/pending immigration applications?

Managing pending immigration applications: Tips for nonimmigrant visa filings & maintaining consistency with expert immigration attorneys.Generally, having prior or pending immigration applications is not a problem. However, if you want to file for a nonimmigrant visa AFTER you file for a green card, you may have a problem showing that you intend to return to your home country. Also, if you’ve filed or will file other applications, you want to make sure that they are all consistent. If you see a mistake on a past application, don’t change your current application to fit the mistake–figure out with your experienced immigration attorney if you can safely bring the mistake to the attention of USCIS when you file a new application with the updated answer. Finally, make sure to share a copy of all your prior applications with your new attorney. If you don’t have copies of them, request them with a Freedom of Information Act (FOIA) Request. 

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-744-7919) or email hello@cambridgeimmigrationlaw.com to get in touch.

Congratulations Ellen Sullivan!

Congratulations to our Founding Attorney Ellen Sullivan on being selected as a 2023 Thompson Reuters Super Lawyer!

Thompson Reuters Super Lawyer

Have you worked in the US without permission?

Worked in the US without permission? Understand the implications and the importance of disclosure in immigration applications in this article.This won’t be a problem for a spouse of a US citizen UNLESS the person worked without permission and then did NOT disclose that fact when asked about it on an online immigration application, paper submitted application, or in person with an immigration official. A common situation is for a student on an F-visa to babysit while he is in school, and then not disclose that when asked about it on an online immigration application, paper submitted application, or in person with an immigration official. If you’re asked by a US immigration official about unauthorized work and you lie, you may turn a non-problem (the work) into a big problem (lying, fraud, misrepresentation).

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-766-0214) or email hello@cambridgeimmigrationlaw.com to get in touch.

 

Why do you need to get ALL marriage and divorce certificates?

Prepare for your green card application: Gather essential marriage and divorce certificates to ensure a smooth process.If you’re trying to figure out if you’re eligible to get a green card based on your marriage to a US citizen or lawful permanent resident, you need to get some marriage documents in order. First, you’ll need a certified copy of your current marriage certificate. If the certificate is not in English, you’ll need an English translation of the document. You can use an online translation service, or you can use a simple Certificate of Translation, like we will show you here. Just make sure that neither you nor your spouse does the translation. 

Next, you will need copies of all marriages and divorces for you and your spouse. It’s best to have certified copies of these documents, but generally you can get by with any acceptable copy. You need to get all marriage and divorce certificates, even if they are from decades ago! If you absolutely cannot get them, you must provide a sworn statement of your efforts to convince USCIS that the document is in fact not available. USCIS will not accept a document as unavailable just because it’s a huge pain for you to try to get it. 

When information about a marriage or divorce is difficult to obtain, do not make the mistake of leaving it off the immigration applications. That decision could come back to haunt you in the form of a charge of misrepresentation, which will add years and thousands of dollars of cost onto your immigration process. 

For all marriage and divorce documents, you need to check that they comply with the format that the US Department of State defines for each country. You can find those requirements at this link. If your marriage took place in the US, then your marriage certificate from the registry in your town/city is what you’ll need. 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-744-7919) or email hello@cambridgeimmigrationlaw.com to get in touch.

 

Are you Canadian who has “overstayed” in the US?

Canadians overstayed in the US? Learn about unique considerations and immigration options for Canadian visitors.There are special (usually positive) issues for Canadians as related to being in the US, even if they “overstay.” The reason is that the US government is not clear about whether Canadians who entered without a visa and who stay longer than 6 months actually have “overstayed.” If you are Canadian, the best course of action is to not stay longer in the US if you entered without a visa. If you did stay in the US more than 6 months (on this entry or prior entries), you need to speak with an experienced immigration attorney to determine if and how this will affect your eligibility for a green card. 

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-766-0214) or email hello@cambridgeimmigrationlaw.com to get in touch.

Have you ever overstayed and left the US?

Overstayed in the US? Learn about re-entry restrictions and I-601 waivers for legal immigration options in this article.If you’ve overstayed more than 6 months in the US, and you leave, you will not be able to re-enter the US legally for 3 years, unless you are granted an I-601 waiver. If you’ve overstayed more than 1 year in the US, and you leave, you will not be able to re-enter the US legally for 10 years, unless you are granted an I-601 waiver. If you applied for a visa after you overstayed and left the visa, you’ll most likely be asked about this issue. If you tell them about your overstay, you may be ineligible for a visa, for now. If you lie about your prior stay in the US, and the US finds out, you will be ineligible to enter the US due to fraud, unless you are granted an I-601 waiver for fraud. 

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-766-0214) or email hello@cambridgeimmigrationlaw.com to get in touch.