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Immigration Information and Referrals

  • Immigration Basics
    • Your Immigration Questions Answered (Also see Family Unity Waivers below) - MGH Community News, July 2007
      -- Includes explanations of visa types, legal permanent residency ("green card"), different types of sponsorship, immigrant statuses and situations when one may "cure" undocumented status.
    • How the US Immigration System Works- American Immigration Council
    • Important change for Same-Sex Married Couples- the Supreme Court has overturned provisions of the Defense of Marriage Act that will open the way for federal benefits, including immigrant sponsorship, to same-sex married couples. Learn more - MGH Community News, June 2013
    • Update: Children Over 21 Must Go to Back of Visa Line - MGH Community News, June 2014

    • Staff briefing:  Getting a Green Card (Also see Family Unity Waivers below)

    • Staff briefing:  "Curing" Undocumented Status (Also see next bullet: Family Unity Waivers)

    • Citizenship Fee Waivers and Partial Fee Waivers- A full fee waiver is available for those with family income below 150 percent of poverty. USCIS recently announced a proposed rule to adjust their fee schedule. The proposal states that the Department of Homeland Security will increase the overall fee from $595 to $640, but will charge a reduced fee of $320 for naturalization applicants with family income between 150 and 200 percent of the Federal Poverty Guidelines. Fee changes will be open for public comment over the summer, and are set to be implemented in the beginning of fiscal year 2017. (More Information: Partial Citizenship Fee Waiver Announced, MGH Community News, May 2016).

    • Family Unity Waivers ("Provisional Unlawful Presence Waivers") - Announced March 2013; NOTE additional changes under President Obama's Executive Action announced November 20, 2014.
      • Under previous law many immediate relatives of US Citizens had to leave the country before they could get their “green card”. Once they left the country, however, they were barred from returning for 3 or (more often) 10 years. They could apply for a hardship exemption waiver of the 3 or 10 year bar while in their home country, but this process itself often took months or years. As a result, many people who were otherwise eligible for a family-based petition for permanent residency failed to apply and continued to live undocumented.
      • As of March 2013 Family Unity Waivers allow immediate family members to stay in the United States while their waiver applications are being processed. Family members will still have to leave the country to get their "green cards", but this process now allows them to do so with confidence that their waiver application has already been approved and that they will be able to immediately re-enter the country as Lawful Permanent Residents. 
      • More Information- see USCIS Provisional Unlawful Presence Waivers page. Also see update below.
      • Unity Waiver Update/Changes Under President Obama's Executive Action November 20, 2014.
        • This will be expanded to include the spouses and children of lawful permanent residents (green card holders), as well as the adult children of U.S. citizens and lawful permanent residents. 
        • The executive action is also expected to further clarify the “extreme hardship” standard that must be met to obtain the waiver.  

    Related news:

    • Biden Restricting Nicaraguans, Cubans and Haitians at Border- MGH Community News, January 2023
      • Creates special parole program that requires one to apply from home country, have a US sponsor and arrive by air (i.e., afford a plane ticket).
      • Parole is not asylum and it does not offer any ability to remain permanently or lawfully in the United States. Parole does have employment authorization attached to it, but there is often a prolonged delay in accessing employment authorization. This parole is expected to last for 2 years and may not be renewed.
      • Those from those countries who do not come to the U.S. under the parole program or try to enter without inspection or do not seek protection in countries they travel to on the way to the U.S. will be expelled back to Mexico and banned from seeking asylum in the future. 
    • Boston Office Has Second Lowest Asylum Grant Rate in the Country - MGH Community News, March 2022
    • Immigrants Who Use Marijuana or Work in Industry Could be Denied Citizenship- MGH Community News, April 2019

  • Visas- See our Visa page.
    • Answers questions such as how to expedite a visa request to visit a sick/dying relative, how to extend a visa, and whether visa-holders are eligible for public benefits.

  • Legal Advice & Referral


     Patient Handouts from the CRC

    • FREE Immigration Clinics
      • Boston Residents: the Mayor’s Office of New Bostonians offers monthly FREE immigration clinics. See website for schedule: boston.gov/departments/immigrant-advancement/free-immigration-consultations or call 617-635-2980.
      • Cambridge Residents: City of Cambridge/CLSACC - third Wednesdays of every month, from 5:15-7:15 pm, Following a screening assessment, referral resources will be provided.
        • More information: call the Commission on Immigrant Rights and Citizenship at 617-349-4396.
      • Rian Center (formerly Irish International Immigrant Center) Free Immigration Clinics or call 617-542-7654 (open to immigrants from any nation).
        • The Rian Immigrant Center can provide an initial consultation with an immigration attorney by calling 617-542-7654 or by completing this online request form.
      • Rosie’s Place Legal Clinic - In partnership with the Rian Immigrant Center, Rosie’s Place offers a
        weekly immigration clinic for women. Women can sign up for the clinic by contacting the Legal Helpline at Rosie’s Place at 617-318-0271.

    • Find an Attorney
      • The Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA) provides a list of legal service providers for immigrants or call 617-350-5480.
        • Available in translation in more than 50 languages - see top right of page
      • The MA Chapter of the National Lawyers Guild offers an Immigration Lawyer Referral Service at 617-227-7008.
      • The American Immigration Lawyers Association (AILA) provides an Immigration Lawyer Search including language search feature.
      • The Massachusetts Bar Association offers a Lawyer Referral Service at 866-627-7577.
      • ImmigrationLawHelp.org - a searchable online directory of free or low-cost nonprofit immigration legal services providers in all 50 states. Only nonprofits that are BIA recognized or have attorneys on staff are included in the directory. Developed by the Immigration Advocates Network and Pro Bono Net with support from the Four Freedoms Fund.
      • Legal Services agencies and more- Health Care for All's Immigrant Health Toolkit
      • Asylum & Detention Cases: PAIR Project (or call 617-742-9296) trains pro bono attorneys from private practices to represent asylum-seekers and immigration detainees.
      • Project Citizenship- Helps eligible immigrants apply for citizenship with the help of volunteer pro bono attorneys.    

    • New! Advocate Helpline-This helpline number is open to all Massachusetts-based providers serving immigrants and refugees and accepts voicemails 24/7 at (508) 293-1871. Through this helpline, MIRA aims to provide community-based organizations with answers to the most commonly asked legal questions. By building on the community knowledge, providers will be able to better serve the immigrant and refugee population and will expand the capacity of the immigration legal services community by offering a channel for calls that would otherwise be routed to them. This will help free attorneys to focus on more complicated matters. 
      • Callers are asked to leave a voicemail with their contact details and their inquiry (without disclosing any client-specific information).
      • The MIRA Helpline staff will review voicemails to assess urgency, directing urgent inquiries to our Staff Attorney for immediate response.
      • If a caller seeks resources, these will be sent via email.
      • For all other matters requiring an attorney’s response, the Helpline staff will arrange a callback and provide further instructions.
      • For expedited service, providers are encouraged to fill out the online intake form. Once the form is submitted, providers don’t need to call the helpline, the team will reach out to them with a response to their inquiry.
      • More information

    • MGH Employee & Family Citizenship and Immigration Support

      Through a partnership with JVS Boston, MGH employees and family members are able to receive individual support with citizenship and immigration applications, issues, and questions. Available services include:

      • To determine eligibility for services or to register for the class, please contact Liz Hogan (program coordinator, Board of Immigration Appeals accredited representative) by phone at 617-399-3223 or ehogan@jvs-boston.org. (Broadcast MGH 6/19)

    • MGH Asylum Clinic- attorneys and immigration advocates may refer for a forensic examination.
      • Referral must come from a legal partner. Program is unable to accommodate individuals who do not have an attorney. The medical affidavit does not work as a stand alone; it’s always part of a larger application and/or court appearance that a lawyer is working on with a client. Attorneys fill out a RedCap (protected) survey and request an evaluation. The program then arranges the appointment with the attorney who communicates with their client. PAIR (above) can help with legal referrals for asylum-seekers.
      • The MGH Asylum Clinic is unfortunately not able to offer any medical care. Individuals need their own PCP.
      • Attorneys and Immigration advocates may refer by completing the Forensic Evaluation Request Form.

    • Court and Status Updates - for information such as upcoming immigration court dates and location, check the EOIR online portal. The patient will need their "A" number to login.
      • On April 8, 2024 the Executive Office for Immigration Review (EOIR) was scheduled to open a new immigration court in Chelmsford, Massachusetts (the “Lowell Immigration Court”). In the coming weeks and months, EOIR will be pulling cases of individuals who reside in certain zip codes from the Boston and Hartford Immigration Court dockets and transferring them to Lowell. Because the Lowell court will have a complete slate of new cases, cases on the Lowell docket will likely proceed much more quickly than cases have in Boston and Hartford. When cases are transferred, the Boston/Hartford hearing dates will be canceled, and it is very likely that the rescheduled date will be significantly sooner. And because cases will be removed from the Boston and Hartford dockets, it is likely that cases which remain in those courts will also be advanced when hearing slots from transferred cases open up.

     

    • Concerns About Unethical Representation - AKA Notario Fraud
      • The unauthorized practice of immigration law known as notario fraud* is a widespread problem. Too often, dishonest individuals falsely hold themselves out as attorneys and charge hundreds or thousands of dollars for preparing forms or providing advice and services they are not qualified or authorized to perform. Contact the MA Attorney General's Office Civil Rights Division 617-963-2917.
      • See https://www.mass.gov/guides/avoiding-immigration-scams - includes many Spanish Language resources
      • Tip: is there a written agreement about fees and a retainer? The absence of such an agreement may be a cause for concern. (Tip shared by Sarah Sherman-Stokes, JD at her 1/20 SS Grand Rounds presentation.)
      • See also the Mass Legal Help page: Notario Fraud
      • *Where does term "Notario Fraud" come from? In many Latin American countries, the term “notario publico” refers to an individual who has had a lot of legal training. The problem arises when individuals obtain a notary public license in the United States, and use that license to represent that they are a "notario publico" to immigrant populations that ascribe a vastly different meaning to the term.

     

Taxes: Even those without a Social Security Number May be Required to File Taxes.

Those required to file income taxes can apply for an Individual Taxpayer Identification Number (ITIN). An ITIN is a tax processing number issued by the IRS regardless of immigration status. ITIN applicants and holders are protected by privacy requirements that limit the information the IRS can share with other agencies. Learn more.

 

For Deferred Action for Childhood Arrivals (DACA) - see our Undocumented Immigrants page

 

Temporary Protected Status (TPS)

The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, typically due to war or environmental disaster. TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. Individuals need to apply for this protection. Once granted TPS, an individual cannot be detained by DHS on the basis of his or her immigration status in the United States, may apply for work authorization and may be granted travel authorization. More information, including eligibility, how to apply, and affected countries, see the USCIS TPS page.

Eligibility for public benefits- see Immigrants and Public Benefits page

TPS in the News:

Work Permits/Employment Authorization Documents (EADs)

  • Note: work authorization does NOT automatically mean one is public benefits eligible. People with a variety of legal immigrant statuses, and non-immigrant statuses, may have work authorization and benefits eligiblity is a complex determination that varies between programs and by country of origin, date of arrival, and other factors. Please seek consultation. Also see: Immigrant Access to Benefits
  • Automatic Extension of Employment Authorization Documents (EADs)
    • On April 4, 2024, USCIS announced a temporary final rule that increases the automatic extension period for employment authorization and EADs available to certain EAD renewal applicants from up to 180 days to up to 540 days. This temporary final rule will apply to two categories of EAD applicants: (1) applicants who timely and properly filed their Form I-765 applications on or after Oct. 27, 2023, if the application is still pending on April 8, 2024; and (2) applicants who timely and properly file their Form I-765 application on or after April 8, 2024 and on or before Sept. 30, 2025 (540 days after publication of this temporary final rule in the Federal Register).
      • Source and for more information, including categories eligible for automatic extension and how to prove you have an automatic exention: uscis.gov/eadautoextend
    • In brief: eligible immigrants whose EADs have expired since Oct. 27 will remain eligible to work for at least another 360 days, while their EAD renewals are processed.
      • Who benefits: This includes asylum seekers, immigrants with pending green card applications or withholding of removal, refugees, and some TPS holders. The rule benefits individuals who applied for their work permit renewal any time on or after October 27, 2023. 
      • How long is the extension for: the extension will be for 540 days, meaning that when someone applies for a work permit renewal, they will get a receipt extending their work permit for 540 days
      • How long will the rule be in place for: Immigrants will benefit from this rule as long as USCIS receives the work permit renewal application on or before September 30, 2025. But the rule will stay on the federal register until September 20, 2027, accounting for the period of time it will take until the last 540-day extensions have expired.
      • What about drivers’ licenses: This work permit extension can be used to extend immigrants’ access to drivers’ licenses. Immigrants will need to take their new receipts with the 540-day extension to the DMV to renew their drivers’ licenses.
      • All categories of immigrants covered by the 2022 extension will be covered by the new one as well.
      • The implementation of 540-day extensions now also means the problem is unlikely to reoccur.

 

Immigration in the News
  • Biden Restricting Nicaraguans, Cubans and Haitians at Border- MGH Community News, January 2023
    • Creates special parole program that requires one to apply from home country, have a US sponsor and arrive by air (i.e., afford a plane ticket).
    • Parole is not asylum and it does not offer any ability to remain permanently or lawfully in the United States. Parole does have employment authorization attached to it, but there is often a prolonged delay in accessing employment authorization. This parole is expected to last for 2 years and may not be renewed.
    • Those from those countries who do not come to the U.S. under the parole program or try to enter without inspection or do not seek protection in countries they travel to on the way to the U.S. will be expelled back to Mexico and banned from seeking asylum in the future. 
  • Legislators Call for Investigation into Boston Asylum Office Over Low Rate of Approvals, 5/22

 

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