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Michael Hugh Carlin

Michael Carlin’s Answers

3,034 total


  • Overstayed for 5 months

    I overstayed my fiancee visa. We didnt get married because of circumstances. I overstayed for 5 mos. im going home now. Am I ban to the US? How many years?

    Michael’s Answer

    If your overstay is for 180 days or less, then you will not trigger any bars to admission in the future based on your unlawful presence. Depending on your entire immigration history, and other factors, you may or may not experience difficulties in being granted a visa to enter the US in the future. It would be a good idea to consult with an immigration attorney about your future prospects. Best wishes.

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  • As a DACA student, can I go on a plane within the US?

    I am a DACA student and have not been on a plane since I arrived in the US many years ago. My single parent, who I came here with, still has no legal status. Am I allowed to go on a plane within the boundaries of the US (Michigan to California)? I...

    Michael’s Answer

    You may travel by plane within the United States. Be sure to carry your Employment Authorization Document (EAD) with you. You may not travel outside the United States unless you have received an Advance Parole document. If your parent does not have a criminal history and does not have a history of prior deportations, then it is unlikely that your airplane travel could cause problems for your parent. Best wishes.

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  • I need to renew my EAD after two years.

    this is thanushan (danny). i am from sri lanka. i applied for asylum in 2007 and i granted in 2009. but i was gonna apply for my green card in 2012 so i never renewed my EAD. 2013 i got arrested for a fight and got a high court misdemeanor. and wh...

    Michael’s Answer

    Did you ever apply for permanent resident status? At any rate, you should consult as soon as possible with an experienced immigration attorney, to review the specific details of your criminal history and to determine what is the best path forward for you, to try to protect you from negative immigration consequences and to help you to obtain immigration benefits. Best wishes.

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  • Sponsor my Partner

    I am green card holder!. I am planning to marry in my home country!. May I know how long will take it to get my partner here at this time ? and What are documents need to start the process?

    Michael’s Answer

    As a permanent resident, you may file a petition for your spouse (after you legally marry). Your spouse will need to wait approximately 18 months before your spouse is eligible to apply for permanent resident status. I suggest that you work directly with an immigration attorney to avoid unnecessary delays and to have the best chance of success. You can click our names here on Avvo or search http://www.ailalawyer.com. Best wishes.

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  • Visa cancelled and arrested. Will be able to get bond?

    If persons visa was cancelled and has been arrested for some criminal charges, gets bond. U think if bond gets posted ice will depot him or they will wait for case to be finished?

    Michael’s Answer

    The answer to your question depends on some information that is not in your posting. Was the person ever deported in the past? Did the person ever appear in Immigration Court in the past? It would be a good idea to work with an immigration attorney as soon as possible to figure out what the future might hold. Best wishes.

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  • Certificate of Citizenship to American for baby born in Canada in 1950, return USA 1951.

    Applied for US passport but lacked documents in 1970 to obtain passport. American parent is 93. Should I obtain the documents via FOIA with USCIS or social security work records or another? I currently have a Canadian passport. Felony in 2005. Nee...

    Michael’s Answer

    I suggest that you consult with an immigration attorney to determine if you are a U.S. citizen from the day of your birth. It's not 100 percent clear from your posting whether you are or not. There are many ways to obtain the records necessary to prove that you are a U.S. citizen, if in fact you are. If you are a U.S. citizen from birth, and we can prove it, then your criminal record will not have any effect on your U.S. citizen status. You might want to have your felony conviction set aside for other reasons, including if you are not a U.S. citizen by birth. Please consult with an immigration attorney. You can click on our names, or look for an attorney at http://www.ailalawyer.com. Best wishes.

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  • My mother in law has a green card but has been out of the country for more than 4yrs due to my father in law's ill health

    What does she need to do to get back to the US? Can she come to the United States and then take care of paperwork?

    Michael’s Answer

    If your mother-in-law attempts to enter the United States, there are a few different things that could happen. One possibility is that US immigration officials allow her to enter as a permanent resident, despite the absence of more than 4 years. Another possibility is that US immigration officials will seek to have your mother-in-law agree to abandon her permanent resident status. A third possibility is that US immigration officials will parole her into the United States, but will place her in removal proceedings, based on their allegation that she has abandoned her permanent resident status because of her long absence. I suggest that you consult directly with an immigration attorney for details and to discuss options. You can click on our names here on Avvo, or visit http://www.ailalawyer.com/ . Best wishes.

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  • Overstayed visa- What to do?

    Hello, I have a dilemma. I overstayed my visa. I entered thru K1 but because of unexpected circumstances we delayed our marriage. we are married now. What do I do next? Since I know I am out of status and cant adjust my status thru k1. Is it right...

    Michael’s Answer

    Hello. Based on your posting, it appears that you would likely file an I-130 and I-485. But it would be wise to work with an immigration attorney to go over all of the details, avoid potential problems, and have the best chance of success. Best wishes.

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  • Good afternoon ! please I like to ask about green card how many years take time ? if a mother apply for her daughter ?

    how many years exactly to get green card in Michigan Dearborn USA

    Michael’s Answer

    The answer to your question depends on several other factors. Is the mother a U.S. Citizen? Or a Permanent Resident? What is the age of the daughter? Is the daughter single or married? Is the daughter in the United States? It would be a good idea to work directly with an immigration attorney, to have the best chance of success and to avoid delays and other problems. Best wishes.

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  • Dose a personal protection order against me affect my immigration status or citizenship application?

    My coworker has a PPO (non domestic for stalking) against me which expires next year. I have been in the U.S. for 5 years and I am preparing my citizenship application. Does the PPO cause any problems for my citizenship application or immigration ...

    Michael’s Answer

    Depending on the circumstances surrounding the court's decision to issue the PPO, it could have an effect. I suggest that you consult directly with an immigration attorney to discuss all of the details of the situation. Best wishes.

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