Immigration Lawyers in Woburn, Massachusetts

Approximately 400 refugees were admitted to the United States in the third quarter of 2020. During the same time a year earlier, more than 9,000 refugees were admitted. The stark disparity indicates the severity of problems with the immigration system.

Immigration law is complex and often unpredictable. Language barriers and cultural differences add to the confusion. Those who seek to immigrate to the United States and those already here who want to change their status should not navigate the process alone.

At Corbaci Law, P.C., we work with individuals and families seeking a new start in the United States and people caught in the web of legal intricacies of immigration law. If you have questions or need help, we can put our experience and legal expertise to work for you.

We proudly serve clients throughout Woburn, Marlborough, Framingham, and Boston, Massachusetts. Call our firm today to schedule a consultation.

A Historical Overview of Immigration in Massachusetts

Massachusetts has long been a gateway for immigrants coming to the United States, with its history deeply intertwined with waves of immigration dating back to the 17th century. The state has seen the arrival of various immigrant groups over the centuries, each contributing to the cultural and economic fabric of the region. From the Irish and Italian immigrants of the 19th and early 20th centuries to more recent arrivals from Latin America, Asia, and Africa, Massachusetts' identity has been shaped by its immigrant population.

This rich history has created a state with a deep understanding of the challenges and opportunities that immigration brings. Today, Massachusetts is home to a diverse population, with immigrants making up a significant portion of its residents. The state's approach to immigration law reflects this diversity, aiming to balance the needs of newcomers with those of the established community.

Key Components of Immigration Law

Immigration law in Massachusetts, as in the rest of the United States, is primarily governed by federal law. The U.S. Citizenship and Immigration Services (USCIS) is the federal agency responsible for administering immigration and naturalization laws, while Immigration and Customs Enforcement (ICE) handles enforcement. However, state laws and policies can influence how federal immigration laws are applied and enforced within Massachusetts.

Some key areas of immigration law include:

• Visas and Green Cards: For many, the first step in the immigration process is obtaining a visa or a green card. Visas allow individuals to enter the United States for specific purposes, such as work, study, or tourism. Green cards grant lawful permanent residency, allowing individuals to live and work in the U.S. on a permanent basis. Understanding the different types of visas and the eligibility requirements for a green card is essential for anyone managing immigration law.

• Asylum and Refugee Status: Massachusetts has a long tradition of welcoming refugees and those seeking asylum from persecution. Asylum seekers must demonstrate a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The process for obtaining asylum or refugee status is challenging and requires a thorough understanding of immigration law.

• Naturalization: Naturalization is the process by which a foreign national becomes a U.S. citizen. In Massachusetts, as in other states, this process involves several steps, including residency requirements, an application process, and passing a citizenship test. Understanding the requirements for naturalization and the rights and responsibilities of citizenship is crucial for those seeking to become U.S. citizens.

• Deportation and Removal Proceedings: One of the most challenging aspects of immigration law is dealing with deportation or removal proceedings. These proceedings occur when the government seeks to remove an individual from the United States for violating immigration laws. The stakes in these cases are incredibly high, as they can result in individuals being separated from their families and losing their ability to live and work in the U.S.

• DACA and Other Protections for Immigrants: The Deferred Action for Childhood Arrivals (DACA) program provides temporary protection from deportation for certain undocumented immigrants who were brought to the United States as children. While DACA doesn't provide a pathway to citizenship, it allows recipients to work legally and access certain benefits. Understanding programs like DACA and other protections is crucial for those managing immigration law in Massachusetts.

Obtaining Permanent
Residency or Citizenship

There are three ways immigrants may seek to legally remain in the United States.

Green Card

A green card (or permanent residency card) is granted to lawful and permanent residents of the United States. There are a number of different paths for green card eligibility.

You could be eligible through a family relationship, employment, if you were granted asylum or admitted as a refugee, being the victim of crime or abuse, religious or international workers, if you are someone who has resided in the country continuously since January 1, 1972, or other special circumstances.

Naturalization

Naturalization offers a way for certain people to become U.S. citizens. If you are 18 years of age or older and have been a permanent resident for at least five years, you can apply to become a U.S. citizen. You can also apply if you are age 18 or older, have been a permanent resident for three years, and are married to a U.S. citizen.

Consular Processing

Consular processing occurs while living outside of the United States. You must apply for immigration via a petition. If approved, you will receive an immigration visa number and you may apply for a green card through the U.S. consulate. If you are already in the U.S. and are eligible to apply for a green card, you may be able to do so without returning to your home country by applying for an adjustment in status.

Family Members Petitioning for Legal Status

U.S. citizens may petition for family members to achieve legal status. Visas are always available to immediate relatives of U.S. citizens, including their spouses, unmarried children under 21 years of age, and parents if the petitioning U.S. citizen child is 21 years of age or older.

U.S. citizens may also petition for “preference relatives,” but the availability of these visas is limited to a specific number annually. Preference relatives include unmarried adult children 21 years of age and older, spouses of green card holders, unmarried children and adult children of permanent residents, married adult children of U.S. citizens, and siblings of adult U.S. citizens.

U.S. citizens may petition for a green card for any immediate family members. If the immediate family member is already living in the country, they may be eligible to receive an adjustment of status and obtain a green card without needing to leave the U.S. during the processing of the petition. They may also file a petition for a visa for a spouse or fiancé residing outside of the U.S. and their children under 21 years of age.

Removal Defense for
People Facing Deportation

Removal defense is legal representation or advocacy for someone facing deportation and appearing before an immigration judge in court.

There are ways cancellation of removal may be granted by the judge, including qualification for an adjustment of status and a green card based on family relationships or if you have resided in the country for 10 years or more.

Asylum is another way to avoid deportation. Asylum offers protection to people who fled persecution in another country. If granted, the grantee may obtain a work permit and later be eligible for a green card and permanent residency.

People who are deported may submit an Application for Permission to Reapply for Admission After Deportation or Removal. If successful, the deportee may receive a waiver that permits them to go through the process of admission to the U.S. legally.

Humanitarian Crises
Creating Eligibility for a Visa

There are special categories of visa eligibility for people who have experienced humanitarian crises. Nonimmigrant status may be granted to unlawful residents who cooperate with law enforcement. If they can produce evidence that they were victims of crime in their home country, they may be granted a U Visa. If they provide evidence of human trafficking, they may be granted a T Visa. These visas are active for four years. After three years, U and T visa holders may apply for permanent legal residency.

Noncitizen victims of domestic violence, child abuse, or elder abuse may self-petition for removal protection under the Violence Against Women Act. If approved, a work permit is issued, and the resident may apply for permanent legal residency.

Children aged 18 years and younger who have been subject to court proceedings in the U.S. for child abuse and neglect may be eligible for Special Immigrant Juvenile Status and seek lawful residency via adjustment of status.

The Role of State Law in Immigration

While immigration law is primarily a federal matter, state laws and policies can have a significant impact on immigrants living in Massachusetts. For example, Massachusetts has enacted several policies aimed at protecting the rights of immigrants and securing their access to essential services.

• Sanctuary Cities: Several cities and towns in Massachusetts, including Boston, Cambridge, and Somerville, have declared themselves sanctuary cities. This means that these cities limit their cooperation with federal immigration enforcement, particularly in cases where local law enforcement is asked to detain individuals based on their immigration status. Sanctuary city policies are intended to foster trust between immigrant communities and local authorities, making sure that immigrants feel safe reporting crimes and accessing services.

• Access to Education and Healthcare: Massachusetts has long been a leader in providing access to education and healthcare for all residents, regardless of immigration status. The state’s public schools are required to enroll all children, regardless of their immigration status, and Massachusetts law makes sure that immigrants have access to healthcare services through programs like MassHealth.

• Driver’s Licenses for Undocumented Immigrants: As of 2023, Massachusetts has implemented a law allowing undocumented immigrants to obtain driver's licenses. This law is intended to improve public safety by making sure that all drivers on Massachusetts roads are licensed and insured. It also provides undocumented immigrants with greater mobility and access to employment opportunities.

• Workplace Protections: Massachusetts has robust labor laws that protect all workers, regardless of immigration status. These laws make sure that immigrants are entitled to fair wages, safe working conditions, and protection from discrimination and exploitation. Understanding these protections is essential for immigrants managing the labor market in Massachusetts.

Challenges Facing Immigrants in Massachusetts

Despite the supportive policies and resources available in Massachusetts, immigrants face a number of challenges as they negotiate the immigration process. These challenges can be legal, economic, and social in nature, and they often intersect, making it difficult for immigrants to fully integrate into society.

• Legal Challenges: The immigration process is notoriously nuanced, with numerous forms, deadlines, and legal requirements. Even a small mistake can lead to delays, denials, or even deportation. For many immigrants, managing this process without legal assistance is nearly impossible. 

• Economic Barriers: Immigrants in Massachusetts often face significant economic barriers, including limited access to high-paying jobs, language barriers, and discrimination. These economic challenges can make it difficult for immigrants to support themselves and their families, and they can also impact their ability to meet the financial requirements of the immigration process.

• Social Integration: Immigrants may also face challenges related to social integration, including language barriers, cultural differences, and discrimination. These challenges can impact immigrants’ ability to access services, build social networks, and fully participate in their communities.

• Fear of Deportation: For undocumented immigrants, the fear of deportation is a constant reality. This fear can prevent immigrants from seeking help, reporting crimes, or accessing services. Even immigrants with legal status may fear that a change in their circumstances could lead to deportation, particularly in the current political climate.

The Importance of Legal Representation

Given the challenges of immigration law, legal representation is crucial for anyone managing the immigration process. A skilled immigration attorney can help immigrants understand their rights and options, manage the legal process, and advocate on their behalf.

Here at Corbaci Law, P.C., we’re dedicated to assisting immigrants and their families in managing the nuanced U.S. immigration system. Our firm offers compassionate and skilled legal representation, emphasizing personalized attention and strong case preparation. We work closely with clients to explore every legal option, making sure both clients and immigration authorities fully understand each case. Our approach is designed to provide clients with confidence and security throughout the immigration process.