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Massachusetts Law About Immigration

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US Citizenship and Immigration Services (formerly INS). Great site includes links to laws, regulations, forms and much more.

Consideration for Deferred Action for Childhood Arrivals Process, USCIS, July 2014. Explains in great detail the process and the documents required. Includes links to forms.

Massachusetts Regulations

121 CMR Office for Refugees and Immigrations Regulations

Selected Massachusetts Cases

Commonwealth v. Gautreaux, 458 Mass. 741 (2011). Notification to consulate of arrest. " We conclude that the notifications required by art. 36 [of the Vienna Convention] must be provided to foreign nationals on their arrest; and, if not provided, a challenge to the soundness of any conviction resulting therefrom may be made in a motion for a new trial. The standard to be applied in such circumstances is the substantial risk of a miscarriage of justice standard, one that the defendant has not met in this case. "

Finch v. Commonwealth Health Insurance Connector Authority, 461 Mass. 232 (2012). Commonwealth Care health coverage for legal immigrants. "Section 31(a) [of St.2009, c.65] cannot pass strict scrutiny. The discrimination against legal immigrants that its limiting language embodies violates their rights to equal protection under the Massachusetts Constitution."

Federal Laws

8 USC: US Immigration and Nationality Act

The REAL ID Act of 2005, PL 109-13, Division B, Title II, 2005.

Federal Regulations

8 CFR Immigration Regulations

Court and Rules

Immigration Court: Boston, Executive Office for Immigration Review

The Immigration Court Practice Manual. "The Practice Manual is a comprehensive guide that sets forth uniform procedures, recommendations, and requirements for practice before the Immigration Courts. The requirements set forth in this manual are binding on the parties who appear before the Immigration Courts, unless the Immigration Judge directs otherwise in a particular case."

Other Web Sources

Becoming a U.S. Citizen: Your Guide to the law, Exam & Interview, Nolo, 2012. Includes information on how to apply, preparing your application, taking the exam, and more. Requires Library Card for access.

Citizenship Works. "CitizenshipWorks provides easy-to-use online tools to help low and moderate-income individuals to answer important questions about their eligibility for naturalization, to better understand the naturalization process, and to prepare for the naturalization tests. The CitizenshipWorks toolkit includes:

Despite Opposition, Immigration Agency to Expand Fingerprint Program, New York Times, May 11, 2012. Secure Communities, "a contentious fingerprinting program to identify illegal immigrants will be extended across Massachusetts and New York," beginning May 15, 2012. Mass. had declined to participate, but "Last year, officials at the agency said they had determined that they did not require consent from states to start the program."

Eligibility of Non-Citize‚Äčns for MassHealth & other subsidized coverage, 2014 Mass. Legal Services, 2014: " This Feb. 2014 memo summarizes the current immigrant eligibility rules applicable to pregnant women, children, young adults, and other adults for MassHealth and other subsidized health coverage and includes tables listing different categories of immigrants eligible for different kinds of benefits under health program rules."

Fact Sheet: In-State Tuition for DACA Beneficiaries, Mass. Dept. of Higher Education, November 2012. "the Administration has determined that under the existing Board of Higher Education policy, DACA beneficiaries are eligible for instate tuition at our 29 public campuses as long as they meet the Board's other residency requirements for those institutions."

Fiance & Marriage Visas: A Couple's Guide to U.S. Immigration, Nolo, 2012. Includes information on visas, green cards, income requirements, preparing the paperwork and more. Requires Library Card for access.

Handbook for Employers: Instructions for Completing the Form I-9, US Dept. of Homeland Security. Extensive document provides answers to key questions such as "What Happens if I Hire an Illegal Alien?"

How to Get a Green Card, Nolo, 2012. Includes information on time frames, getting a greed card through marriage, child immigrants, visa lottery, consular processing and more. Requires Library Card for access.

How REAL ID will Affect You, CNET News. "The Real ID Act would establish what amounts to a national identity card. State drivers' licenses and other such documents would have to meet federal ID standards established by the Department of Homeland Security."

Massachusetts Office for Refugees and Immigrants.

Same Sex Marriage and Immigration, US Citizenship and Immigration Services. Explains how to sponsor a same-sex spouse in immigration.

U.S. Immigration Made Easy, Nolo, 2013. Includes information on green card, eligibility, temporary visas and more. Requires Library Card for access.

Organizations

Immigration Law Help: Massachusetts. "ImmigrationLawHelp.org is an online directory of nonprofit organizations that provide free or low-cost immigration legal help. Users can search for organizations by state, county, or detention facility. Users can also refine their search by areas and types of legal assistance provided, populations served, and languages spoken."