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Carnell T Johnson

Carnell Johnson’s Answers

36 total

  • Can my mom stay in US even after her I-94 expires while I-130 & I-485 are being processed?

    Hi. My mother came to US on a tourist visa in April (with a 6 month stay expiring in Oct). I (US Citizen) filed her Green Card application (I-130 & I-485) about a month back. Her biometrics were done a couple of weeks back. Now her I-94 is about t...

    Carnell’s Answer

    I agree with my colleagues.

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  • How do i get my dismissed underage drinking misdemeanor I got in 2009 in charlotte nc become expunged?

    2009 underage drinking misdemeanor-dismissed

    Carnell’s Answer

    Assuming that you have no other charges on your record, you have to file a petition for expunction with clerk of court. There are a few small steps that you have to take, but the process is relatively simple. You should have any an attorney review your criminal record to make sure that you are eligible.

    This information should not be construed as legal advice and should speak with an attorney.

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  • I wanted to know if I qualify to get a work permit under Obama's new immigration law

    I was a brought here at the age of 2 I am now 25 I live here with my girlfriend and are 3 children my oldest who is 5 has behavior problems and might have ADHD I do not have a high school diploma and am not able to obtain a GED because I need a so...

    Carnell’s Answer

    The specific regulations have not been released. They will be released next month. I would need to know more about the deportation. With regard to the GED, my office has been in contact with all of the administrators in North Carolina, including those in Wilmington. there might be a possibility that could obtain the GED. However, until the regulations are released I cannot offer more specifics.

    This information should not be construed as legal advice. You should contact an attorney for legal advice.

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  • Is it easier to get through immigration if you are married to a US citizen?

    I am German and want to live and work in the US along with my two girls (14 and 16 years old). I plan on marrying a US citizen. Would it be easier if we were married before we initiate the immigration process of after?

    Carnell’s Answer

    I would echo one of my colleagues, make sure that this is a real marriage. If it is, make sure you with speak with an experienced attorney that adequately prepare you for any challenges that you may face as you proceed in the immigration process.

    This information should not be construed as legal advice. You should consult with an experienced immigration attorney.

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  • What should I do if I received a ticket for failure to come to a complete stop at a stoplight before turning? Should I use PJC

    I have one speeding ticket that I pled guilty to a year ago where I was charged with driving 65 in a 55 zone. I live in Mecklenburg County.

    Carnell’s Answer

    I think more information is needed. But there ways the charge could be reduced or changed. I would need to see your driver's record. It is possible that a PJC should be utilized, but again I would have to see your record.

    You should contact an attorney. This should not be construed to be legal advice.

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  • I have a friend that was arrested and convicted of rape in the 3rd degree. I was wondering if he would be able to parole in NC?

    From what I know he was 25 and the alleged victim was 15 or 16. I'm curious to know if there is a possibility his parole could be transferred to North Carolina and if he would have to be on parole the whole 10 years? Is there any way that it could...

    Carnell’s Answer

    Unfortunately, North Carolina ended the parole system in the 1990's. By law he has to serve the minimum sentence set forth in the statute. You can consult with a lawyer to find out if the sentence was proper and the minimum he has to serve.

    This information should not be construed as legal advice. You should consult a lawyer.

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  • I am in removal proceedings, I have an approved I-130, I filed I-485 Adjustment of Status with USCIS instead of Court

    I was told to file it with the Court, how can I file it with the court without having to pay the filing fee again?

    Carnell’s Answer

    Assuming that you are eligible to adjust your status, you have to file with USCIS so that you can pay the filing fee. Then you will take the adjustment of status petition and other documents and submit it before the Court without the filing fee. You should speak with an immigration attorney to determine the best approach to adjust your status because there could be issues that you are overlooking.

    This information should not be construed as legal advice and you should consult with an attorney.

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  • What is the difference between your case being dismissed or being withdrawn

    was charged with communicating a threat and it was Withdrawn what does that mean do I have a criminal record

    Carnell’s Answer

    You have to check the disposition of the case. In North Carolina, there could be several dispositions to a criminal case. Additionally, if you have been charged with a crime and it is voluntarily dismissed, it still will show on your criminal record as being dismissed. You will have to file for an expunction to remove this entry, and you have to determine if you qualify for an expunction. Additionally, there are times when an arrest warrant is rescinded. I would need to know more about your situation to confirm if this happened. You should contact an attorney with the specific information concerning the charges to determine the disposition of this charge.

    This information should not be construed as legal advice and you should consult with an attorney.

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  • How can I proceed to file suit and appeal my case?

    Got married in JAMAICA on April 8th 2010. I currently live in Huntersville,NC. I am a US Citizen. Wife went for interview On October 28th,2011. Jamaican Embassey sent the case back to the Department Of State for further review. USCIS sent me a let...

    Carnell’s Answer

    I practice in Charlotte, NC. It appears that you have to submit additional evidence to USCIS. I do not think it is prudent to file a civil suit against USCIS, moreover it is a difficult process. I would suggest that you attempt to answer their questions regarding your marriage. Perhaps an experienced immigration attorney can prepare legal arguments in support of your case.

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  • Is an arrest video required to be made by arresting officer in NC DWI charge ?

    does NC DWI statue require that arresting offficer video stop ,roadside test and and arrest for DWI ?

    Carnell’s Answer

    Not really. Every police department should have police directives that shed light as to what the standard police procedures are. Here, in Charlotte, most police vehicles are equipped with video cameras. However, most state troopers do not have cameras inside their vehicles. So, check the directives and speak to a lawyer about any legal arguments that can be made regarding the absence of a video.

    This information should not be construed as legal advice. Please speak with a lawyer.

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