Home > Answers to the Most Frequent US Immigration Questions

Answers to the Most Frequent US Immigration Questions

June 7th, 2022

We would like to share with you answers to the most common general questions our Boston immigration lawyers receive.

• If I have a child who is a U.S. citizen, can I obtain legal status in the U.S.?
  You can do so under two circumstances: 1). If your child is over the age of 21 with the ability to support you, your child can file a residency petition for you, if you came into the U.S. with a visa. If you did not enter the U.S. with a visa, you may be eligible for a waiver (or pardon) that may allow you to adjust to legal status, or you may also adjust status if you are 245(i) eligible (see explanation below of who is 245(i) eligible); and 2). If you have been in the U.S. for 10 years and you can demonstrate that your child of any age will suffer an exceptional and extremely unusual hardship if you are removed to your native country, you may file for cancellation of removal or deportation.

 

• How can I obtain work authorization?
  To obtain work authorization, you must first be eligible for it. In order to be eligible for work authorization, you must have entered the U.S. with a visa that allows work authorization. For example, K-1, U Visa, Optional Practical Training (OPT), derivative beneficiaries of E, H, & L visas, etc., or you if you have a residency application pending and you are eligible to adjust status and there is a visa immediately available, you may be eligible to obtain work authorization. (The specific point in time at which you are eligible depends on the specific circumstances of your entry into the U.S.). You should consult your attorney to identify if you are eligible. You are not eligible to obtain work authorization with a visitor or tourist visa.To obtain work authorization you must file an I-765 application with the Immigration Service at either a local office or at a service center. Upon approval of the application you will receive the authorization in the mail.

 

• What is government aid and can receiving it affect my immigration status?
  Government aid is any public assistance or service you receive that you do not pay for (example: public housing, food stamps, free medical benefits, etc.). Receiving government aid may prevent you from obtaining an approval of an immigration petition. Be very careful before you accept any free government benefit.

 

• Do I have to notify immigration if I change my address?
  The immigration regulations require that all persons who are not citizens of the U.S. (including residents) inform the U.S. Immigration Service of any change in their address.

 

• How can I declare taxes if I am getting paid in cash?
  You can still prepare a tax return declaring the total amount that you have earned during the tax year, without submitting a W-2 from your employer and using a Tax ID number (ITIN) instead of a social security number (if you do not have a valid social security number, see answer to question 3 on how to obtain an ITIN number). You will be responsible for paying all taxes owed, as you have not paid them through a payroll system, and probably no taxes have been withheld or deducted.

 
Read more answers to US immigration FAQs.

If you would like to explore you immigration options, scheduled today an initial appointment with one of our Boston immigration lawyers by calling at (617) 303-2600 or schedule your appointment online