Curran & Berger

This section contains answers to Frequently Asked Questions about Curran & Berger and immigration.  If you do not find the answer to your question below, you may contact us to schedule an initial consultation.

Questions About Curran & Berger

Q. Where are you located?
A. We are located at 74 Masonic Street, Northampton, MA 01060.  See our directions page for more information.

Q. Do you deal with anything other than immigration?
A. No. All three attorneys specialize in immigration.

Q. Do I need to live in Massachusetts to be your client?
A. No, we have clients that live all over the country and all over the world. 

Q. Can I hire an immigration lawyer outside my state?
A. Yes, immigration law is federal and you or your employer can hire any immigration lawyer.

Q. Do you handle deportation cases?
A. No. For deportation or criminal cases we recommend the following law firms:
Graves & Doyle in Boston
Barker, Epstein & Loscocco in Boston
Kaplan, O'Sullivan & Friedman, LLP in Boston
Angelides Law Firm in Longmeadow, MA
John P. McKenna, P.C. in Springfield, MA

Q. Do you handle criminal cases?
A. No. See links above to recommended law firms for criminal cases.

Q. How much is your initial consultation?
A. $250.  If you hire us to represent your case within 30 days, that amount will be applied towards your bill.

Q. Do you accept credit cards?
A. Yes, we accept visa and MasterCard. We do charge a 5% transaction fee for using a credit card. We waive this 5% if the payment is for the initial consultation.

Q. Do you offer a free consultation?
A. We offer a courtesy 1-2 minute phone call with one of our three attorneys to briefly assess your situation.

Q. Do you provide a translator for non-English speakers?
A. No. You are responsible for providing your own translator if needed.

Q. Do you take passport photos?
A. No. Your local pharmacy, camera shop or post office may provide this service.

Q. How do I set up a payment plan?
A. Contact your attorney or the billing manager.

Q. Do you have a privacy policy?
A. Curran & Berger has a privacy protection policy in place to safeguard personal information. Safeguarding data, computer files and documents containing any such information from misuse by third parties is a top priority of our firm, and we destroy, erase or make unreadable such data, computer files and documents prior to disposal. Our privacy policy includes a system to protect the confidentiality of Social Security numbers, prohibit unlawful disclosure of Social Security numbers, and limit access to Social Security numbers.

 Common Immigration Questions

Q: How can I change my address with the USCIS?
A: You can change your address with the USCIS online

Q. What if I cannot afford to pay the USCIS filing fees for my case? 
A. Fee waivers are available for those who truly need them.  Please note that you should not request a fee waiver for any case that requires an Affidavit of Support or I-134.

Q. I have been asked for copies of my tax returns, but I did not keep copies - what can I do? 
A. Tax transcripts may be obtained from the IRS.

Q. How do I keep my Greencard if I will be absent from the U.S. for more than 6 months?
A. Please review this information from the Department of State and this article from Curran & Berger.

Q. What do I do if I am subject to the J-1 visa two year home residence requirement? 
A. This is a very complicated area of law and we recommend a consultation with an attorney.  The Department of State has a very good website outlining the issues.

Q. I did not turn in my I-94 when I left the U.S., what should I do?
A. If you returned home with your Department of Homeland Security Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record.  You must send your I-94 card, along with any documentation that proves you left the United States to:

ACS - CBP SBU
1084 South Laurel Road
London, KY 40744

Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP office in the United States, or to any address other than the one above. Only at this location are they able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. To validate departure, CBP will consider a variety of information, including but not limited to:

• Original boarding passes you used to depart the United States;
• Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States;
• Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States;
• Dated bank records showing transactions to indicate you were in another country after you left the United States;
• School records showing attendance at a school outside the U.S. to indicate you were in another country after you left the U.S.;
• Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the U.S. to indicate you were in another country after leaving the U.S. 
  

Q. How can I check the status of my pending case? 
A. You can check the status of your pending case online at https://egov.uscis.gov/cris/jsps/index.jsp.

Q. How can I check the current processing times for my pending case? 
A. You can check the current processing times online at https://egov.uscis.gov/cris/jsps/ptimes.jsp.

Q. Will I lose my H-1B status if I re-enter the U.S. using my Advance Parole travel document while my Adjustment of Status Application is pending?
A. No, you will not lose your H-1B status.  Your Advance Parole travel document allows you to re-enter the U.S. while your Adjustment of Status Application is pending without having to apply for a new H-1B visa stamp.  We also recommended carrying a copy of your I-485, Adjustment of Status receipt notice with you when you travel. After you reenter on your AP, your underlying H-1B status will remain valid so long as you do not use your EAD to engage in side-work, etc.

When an adjustment applicant reenters the US utilizing their Advance Parole travel document he or she may be questioned about the basis for their work authorization. When questioned, the individual may either present their EAD or H-1B.  Please note that not all officers understand that individuals can travel on AP and still remain work authorized pursuant to underlying H-1B status. Please see the answer to Question 4 in this memo: Michael Cronin Memo

Q. What are the passport requirements for entry to the US on a nonimmigrant visa?
A.  In accordance with section 212(a)(7)(B) of the Immigration and Nationality Act, an alien who applies for admission into the United States on a nonimmigrant visa (NIV) is required to possess a passport that:

• Is valid for a minimum of six months beyond the date of the expiration of the initial period of admission into the United States, and
• Authorizes the alien to return to their home country, or to proceed to and enter some other country at the end of the initial period of admission.

Common Permanent Residence ("green card") questions

Q. Can I change jobs while my PERM application is pending?
A. If you change jobs before your PERM application is approved by the Department of Labor you will have to re-start the PERM Labor Certification process from the beginning based on your new job.

Q. Can I change jobs while my I-140 petition and/or I-485 application based on an approved Labor Certification are pending with the USCIS?
A. You can change jobs (this is referred to as "portability") if all three of the following statements are true: 1) Your I-140 petition is approved, 2) Your I-485 application has been pending for at least 180 days, and 3) Your new job is in the same or similar occupational classification as your previous job.  If there is a significant discrepancy between your previous and new salaries the USCIS may question whether the jobs are "same or similar."  

Q. Can I change jobs while my I-140 EB1-2 Outstanding Researcher and/or related I-485 application are pending?
A. You can change jobs (this is referred to as "portability") if all three of the following statements are true: 1) Your I-140 petition is approved, 2) Your I-485 application has been pending for at least 180 days, and 3) Your new job is in the same or similar occupational classification as your previous job.  If there is a significant discrepancy between your previous and new salaries the USCIS may question whether the jobs are "same or similar." 

Q. Can I change jobs while my self-petition I-140 NIW or EB1-1 and/or related I-485 application are pending?
A. If you have filed a self-petition I-140 in the National Interest Waiver or Extraordinary Ability categories, you may change jobs at any time in the process as long as the new position is relevant to the work on which your I-140 petition is based.  For example, a scientist may take a job with a new employer where she is still conducting scientific research, but she cannot change to a job in another field (such as business) while her case is pending.

Q. Can I change jobs and/or occupational fields after my I-485 application is approved?
A. Regardless of the category in which your I-140 petition was filed, you are free to change jobs or employers after the I-485 application is approved.  However, if you change occupational fields immediately after the approval of your green card, you may be questioned about this if you apply for US citizenship and are no longer doing the kind of work for which you were originally sponsored.