Michael Hugh Carlin’s Answers

Michael Hugh Carlin

Ann Arbor Immigration Attorney.

Contributor Level 19
  1. If I was approved asylum status 10 years ago and now case is reopen before judge, can he give frivolous asylum if he sees lied

    Answered over 1 year ago.

    1. Michael Hugh Carlin
    2. Russell Reid Abrutyn
    3. Alexus Paul Sham
    4. Stephen D. Berman
    5. Karen-Lee Pollak
    6. ···
    6 lawyer answers

    It is possible that an immigration judge could review the asylum application and then make a finding that it was frivolous. A finding that an asylum application was frivolous carries serious and significant immigration consequences. I suggest that you consult with an immigration attorney very soon.

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  2. A US citizen lived aboard with two wifes. Needs to claim one marriage since the first marriage was to a first cousin.

    Answered over 1 year ago.

    1. Michael Hugh Carlin
    2. Mani Khavajian
    3. John Grayson Davidson
    3 lawyer answers

    According to U.S. immigration law, the second marriage will not be recognized at all. The person would need to get an official, legal divorce from his first wife. Then, once that divorce has become final, the person would need to legally marry the woman who wants to immigrate to the United States. I suggest that you consult with an immigration attorney about the case.

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  3. Is the 10 year physical presence Immigration law still valid?

    Answered almost 2 years ago.

    1. Michael Hugh Carlin
    2. Alexander Joseph Segal
    3. Lachezar Vanchev
    4. Russell Reid Abrutyn
    5. Giacomo Jacques Behar
    5 lawyer answers

    It appears that you are referring to a type of benefit referred to as Cancellation of Removal. There are a number of complicated issues involved in these cases. You really need to consult with an immigration attorney about the situation. For starters, at this time, it appears that you are about 1 year short of the 10-year physical presence requirement. For more information, take a look at: http://mcarlinlaw.com/cancellation-of-removal-page/ Please consult with an immigration attorney...

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  4. Do I have to pay I-765 application fee if I file I-485?

    Answered 3 months ago.

    1. Michael Hugh Carlin
    2. Oleg Gherasimov
    3. Adan G. Vega
    4. Hany S Brollesy
    4 lawyer answers

    If you file the I-765 along with the I-485, or after the I-485 (if you include the I-485 receipt notice), then you do not need to pay the I-765 fee. Best wishes.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Can I file a I-130. Can I be eligible for the provisional waiver?

    Answered almost 2 years ago.

    1. Michael Hugh Carlin
    2. Giacomo Jacques Behar
    3. Douglas Aaron Cowgill
    4. Rodrigo Ivan Canido
    4 lawyer answers

    1. Your US Citizen spouse is able to file an I-130 Petition for you. 2. It appears that you are subject to the "non-waivable" 10-year bar under Section 212(a)(9)(C) of the Immigration and Nationality Act, because it appears that you accumulated one year of unlawful presence after April 1, 1997, then left the United States, then re-entered the United States without authorization. As a result, it appears that you are not eligible for the new I-601A application for a provisional waiver of...

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  6. How can I fix my boyfriend's immigration status?

    Answered about 2 years ago.

    1. Michael Hugh Carlin
    2. Alicia Marie Heflin
    3. Karen-Lee Pollak
    4. C. C. Abbott
    5. Samuel Patrick Ouya Maina
    6. ···
    6 lawyer answers

    I'm not sure what you mean when you state that your boyfriend is an "illegal." He has never been in the United States? Then he is surely not an "illegal" for US immigration purposes. After you marry in Mexico, you may begin the process to help him to apply for permanent resident (green card) status in the USA. I suggest you consult with an immigration attorney to have the best chance of success with the whole process.

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  7. Can I apply for Citizenship 90 days prior to be a 5 year permanent resident?

    Answered over 1 year ago.

    1. Michael Hugh Carlin
    2. J Charles Ferrari
    3. Barbara A Marcouiller
    4. Alexus Paul Sham
    5. Alexander M. Ivakhnenko
    6. ···
    6 lawyer answers

    You may file your naturalization application 3 months prior to your 5-year anniversary of being a permanent resident. I have no idea about the USCIS website, but as you will see from my answer as well as that of my colleagues, you may file 3 months before your 5-year anniversary.

    8 lawyers agreed with this answer

  8. Will a US citizen be held responsible???? Please answer!!!

    Answered over 1 year ago.

    1. Deborah Gwen Roher
    2. Michael Hugh Carlin
    3. F. J. Capriotti III
    4. Jeff L. Khurgel
    4 lawyer answers

    Marriage fraud and visa fraud are two separate things, but both are serious. I suggest that you consult privately with an immigration lawyer about the situation, rather than posting on this public forum.

    8 lawyers agreed with this answer

  9. I have been oversea recently.When I passed the immigration officer ,he mentioned on the data file from their computer something

    Answered over 1 year ago.

    1. Irene Vaisman
    2. Alexander Joseph Segal
    3. Michael Hugh Carlin
    4. Manuel Alzamora Juarez
    5. Christian K. Lassen II
    5 lawyer answers

    You could file a request using DHS TRIP. It would be best to consult an immigration attorney about the matter.

    8 lawyers agreed with this answer

  10. Im filing a N-400 and the USCIS sent me a letter coz they need more tax form for the past 3yrs..my status im married a us citize

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Michael Hugh Carlin
    3. F. J. Capriotti III
    4. Igor Serbinin
    5. Alexander M. Ivakhnenko
    5 lawyer answers

    It would be best for you to consult with an immigration attorney. When you file on the basis of marriage to a US Citizen, the N-400 application specifically states that you must submit the tax returns. If you filed as "married filing separately," USCIS might ask you why you filed that way, rather than jointly. If you filed as "single" or as "head of household," that could cause more serious problems. Best to consult with an attorney.

    8 lawyers agreed with this answer