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Michael Hugh Carlin

Michael Carlin’s Answers

2,963 total


  • U.S. citizen married a foreigner with 13 and 19 year old children. Can she apply for their green cards although one child is 19?

    What can they do to bring the 19 year old child here?

    Michael’s Answer

    The U.S. Citizen may file a petition for the 13-year-old child, because that step-child is considered an immediate relative for immigration purposes. The U.S. Citizen may not file a petition for the 19-year-old child, however. Once the biological parent becomes a permanent resident, he or she may petition for the older child.

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  • U.S. citizen spouse applying for husband's green card through consular processing. How long before the interview at consulate?

    How many days is the interview? How soon after interview does applicant get a visa to come to the U.S.?

    Michael’s Answer

    It is really not possible to predict how long you will need to wait before getting an interview appointment. The timing depends on the schedule of the consulate. The interview itself takes place during one day. If the case is approved, usually the applicant receives the passport with the visa and a packet of documents in a courier package (often DHL) approximately 3 to 10 days after approval.

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  • Does my 2 year old son need a medical examination and form I-693 for his Green Card?

    I am a US citizen, my son was born abroad, and is now in the USA with an ESTA. I am looking through the things we'll need to get his green card, and came across this medical examination form. Do minors need to file that along with I-485 and I-130?

    Michael’s Answer

    If you are a US Citizen, and your son was born abroad, did you investigate whether your son is a US Citizen by birth? If he is, then you can apply for a Consular Report of Birth Abroad (CRBA) and a U.S. Passport for your son. Otherwise, he will need a medical exam for the green card process.

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  • Can I apply for my own green card?

    I moved to the US in June 2013 and I'm currently on a L2 Visa as a child of the L1 visa holder. My step dad is the L1 visa holder and he's applying for our green cards through his work, but there's no progress. My mom's passport expired Jan 2015 b...

    Michael’s Answer

    You won't be able to move forward with the green card process as an L2 dependent on your own. If you have some other way to apply for permanent resident status, such as if you are married to a US Citizen, for example, or some other way, then you might be able to pursue that. Best wishes.

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  • What will happen with my DACA

    My DACA expired on the 17th of July, I thought it expired in August, I was clearly mistaken. Can I still reapply or will they refuse to give me a work permit and license which I need.

    Michael’s Answer

    You should file as soon as you can to renew. As my colleagues have stated, you should stop working until you receive the new employment authorization card.

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  • How do i indicate the duration of my stay in my current residence

    I am filling a form 1-589 and have bren asked to provide information about my residences in the last five years. The last column is divided into two halves one labelled From(Mo/Yr) and the second labelled To(Mo/Yr). How do i fill the To(Mo/Yr) col...

    Michael’s Answer

    You could submit the word "present" as the end date for your current address. You really should work with an immigration attorney on your asylum application. Asylum is very complex.

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  • If I submit a FAFSA as a DACA student, could my parents get in trouble?

    I want to submit a FAFSA in order to be considered for need-based financial aid at the university I was accepted to. I've read that it is possible to submit a FAFSA given my current situation as long as I put 000-00-000 for my parents' S.S. number...

    Michael’s Answer

    This question does not relate directly to immigration. You might want to re-post your question under a different Practice Area.

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  • I am US Citizen filing for my mom's green card. She lives in US. Her passport is expired. Does she a current passport to apply?

    She has a valid state ID and EAD

    Michael’s Answer

    • Selected as best answer

    She is not required to have a valid passport, but it would be a good idea if she had one. I would suggest that she apply to obtain a passport. Best wishes.

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  • Adjustment of status/ change passport/ advance parole

    Hi, I applied for an adjustment of status based on marriage and I am currently waiting for my advance parole. I would like to change my French passport (at the French Consulate here in New York) and put my married name on it. nb: I applie...

    Michael’s Answer

    It seems that now is the best time for you to seek a name change on your French passport. Best wishes to you.

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  • Which address to send expedite biometrics request letter for green card renwal form (I-90) i completed and filled online?

    I noticed there is a Phoenix, AZ and Lincoln, NE but I don't know where to send it. i would greatly appreciate it if someone can point me the exact address. Thank you

    Michael’s Answer

    Another option is to call USCIS toll free and request an expedite by phone. You should also ask to have the opportunity to send documents in support of your expedite request by email to USCIS.

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