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No, the US constitution, as well as the Federal and State laws, do not require an individual who has been arrested to speak to the authorities, with the exception of providing basic information about one’s identity. The decision of whether or not to speak to the police is a very important one and it should be evaluated with your attorney as soon as possible.

A case is usually taken to court, when a settlement offer does not adequately compensate for the suffering you have endured due to the accident or incident or when the other party is not willing to accept its liability/responsibility. Our Boston personal injury lawyers will review the circumstances surrounding your case to recommend the best alternative for the most successful result. After all, our compensation is directly tied to your success and our business depends on our satisfied clients referring us new clients.

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.

In most situations, a person is eligible to apply for Naturalization (U.S. citizenship), if they meet the following criteria:

– Have been a Legal Permanent Resident for the last 5 years (or possibly 3 years if your spouse is a US citizen) and have maintained the residency continuously.
– Be at least 18 years old.

– Have good moral character.

– Have the ability to speak, read and write in English and pass a civics test about U.S. history and government. (See The Citizenship Test: Study materials)

– Have been physically present in the U.S. at least half of the required time as a U.S. Legal Permanent Resident.

– Take an oath of allegiance and swear loyalty to the United States.

Yes, you may apply for naturalization if your I-751 (removal of residency conditions) application is still pending, as long you have been married to the U.S. citizen for at least 3 years and you meet all the other U.S. citizenship requirements.

To be eligible for an Employment Based Residency, you (the beneficiary) must meet all of the criteria in one of the three following categories:

Category I:

– Must be living in the U.S. on or before December 21, 2000 (According to the former INA §245(i) law. Currently there are more than one proposed amendment to this statute which impose different statutory date limitations for filing. Therefore it is advisable to initiate this procedure as soon as possible if the requirements are fulfilled).
– Must have never left the U.S. without permission of The U.S. Immigration Service.
– Must have an offer of employment from a U.S. employer, who has agreed to sponsor the beneficiary for the residency.
– Must receive a salary equal to or above the prevailing wage offered for such a position in the State in which the job will be performed.

Category II:

– Must be lawfully present in the U.S. on a current nonimmigrant visa.
– Must not have violated conditions of the nonimmigrant visa.

Category III:

– Must be residing outside the U.S.
– Must not have been previously deported or removed from the U.S.
– Must not be subject to an order of removal, exclusion, or deportation.

You may file a legal action against the USCIS to demand that they provide you with an answer to your petition or adjudicate the application if the immigration service is taking longer than normal to make a decision on your case.The following page of our site contains information on eligibility, process, costs, and documents needed to file such a legal action: Immigration Against U.S. Lawsuit

This is possible if you qualify for Immigration via Cancellation of Removal or a cancellation of removal case. This option is available to nonresidents who are in removal proceedings before an immigration judge if the nonresident has been continuously present in the United States for at least 10 years, has a good moral character (has not been subject to criminal charges), and it can be established with evidence that their removal would subject an immediate relative who is a lawful permanent resident or U.S. citizen to exceptional and extremely unusual hardship. Upon reviewing the evidence, the immigration judge may cancel the removal proceedings and grant the nonresident lawful permanent residence. Permanent residents who have been convicted of certain types of crimes and consequently placed in removal proceedings from the United States may also be eligible for cancellation of removal if they have been continuously present in the United States as lawful residents for 7 years and have not been arrested and convicted of a crime during the first 5 years of permanent residence. See information on eligibility, process, and required documentation for a cancellation of removal immigration proceeding

There are generally three options through which people are able to obtain legal status in the U.S.:

1). An employment petition;

2). A petition filed by an immediate family member; or

3). A special petition such as political asylum or cancellation of removal (deportation).

However, in general, people will fall in one of four categories of eligibility:

1). People who entered the U.S. with a visa and are eligible to get their residency in the U.S. through a family petition (even if the visa has expired or the visa was not valid).

2). People who entered the U.S. without inspection or visa and are eligible to obtain residency through family or employment because they are 245(i) eligible. (see explanation of who is 245(i) eligible).

3). People who entered the U.S. with a valid U.S. visa, with a current, un-expired I-94 (small white card issued at the time you entered the U.S., which tells you how long you are allowed to remain in the U.S.). These persons are eligible to apply for any other category of visa. The visa approval will depend on the person meeting the specific qualifications required by the particular visa.

4). Persons who came into the U.S. without inspection or persons that came with a visa and the visa has expired, may be eligible to apply for residency in the U.S., however, their adjustment of status petition may require a waiver. A waiver is a “pardon” from the U.S. government that says that even though you have violated an immigration regulation you will be granted a green card under special circumstances. These waivers are generally granted to individuals with special family connections to the U.S. These waivers are most commonly issued at a U.S. consulate abroad.

There are two types of visas that generally will allow an individual to open and maintain a business in the U.S. under certain conditions. First, an E Visa allows an individual to invest money in the formation of a new business. There are several conditions that must be met for this visa, including that there must be a treaty between the U.S. and the country of citizenship of the individual seeking the visa. In addition to this, the investment must be substantial and pass a substantiality test, and the investment capital must be at risk. (See E Visa process and documents needed on our website at: E-1 and E-2 Visa)The other potential option is an L-1A Visa which allows an individual to enter the U.S. for the formation of a new business if there is a foreign company, or entity, that is “affiliated” with the new business and the individual seeking the visa has previously been employed with the foreign “affiliated” company outside of the U.S. in an executive or managerial capacity for at least one year of the last three years.

In order to maintain your non-immigrant status you must comply with the terms of your existing visa and you must file for any change in status prior to the expiration of the date identified in your I-94. If your I-94 does not contain a date and instead has the letters D/S (Duration of Status), for a student, then the application for change of status must be filed prior to the expiration of the date set by your form I-20 or in the alternative, set by the work authorization card you received for Optional Practical Training.