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Michael Hugh Carlin

Michael Carlin’s Answers

3,032 total


  • Can an F-1 student quit school after completing the Biometric appointment. Would my green card pending allows me to stay legally

    I got married in 2013 (Same-sex marriage in NYC). I was in Virginia as a Fulbright student back then. I didn't want to jeopardise my program so I chose to graduate and go home to complete my two years home residency protocol. I am back again on a...

    Michael’s Answer

    Hello, I suggest that you consult with an experienced immigration lawyer as soon as possible, to discuss the details of your situation. There are certain risks involved, and certain things that you should discuss with an attorney. You can find attorneys here on Avvo by clicking on our names, or you could also search for an attorney at: http://www.ailalawyer.com/ Best wishes.

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  • I'M a US citizen, my mother is green card holder.

    Thanks you all for your answer, so me and my mother will file two separate I 130 for my single brother to immigrate to USA, but I heared that uscis will accept both at the beginning but in few months uscis will cancel one and keep only one acti...

    Michael’s Answer

    If you file two separate I-130 Petitions, one from you, one from your mother, both of them for your brother, USCIS should not cancel one. If they are both properly prepared and properly submitted, USCIS should review each of them and make a separate decision for each of them. Best wishes.

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  • Ian a US citizen, my mother is green card holder. Can we both file two petitions for my single brother to immigrate to USA,

    We like to do this , so my petition will be as back up if my brother get married while my mother has the green card, I know my mother petition will move faster. But can we both file two petitions for my brother ,and keep both active till he get...

    Michael’s Answer

    Yes, you both may file petitions. Your brother may use either one. There is no need to cancel the petition that is not used, although you may cancel one if you wish. Best wishes to you.

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  • I am a US citizen in Brazil and wish to get married in Brazil. Will my marriage be recognized when I return to the US?

    Will my marriage be recognized in the US when I return, and what visa must I apply on behalf of my spouse?

    Michael’s Answer

    If your marriage is officially recognized in Brazil, then it will be recognized in the United States. So, be sure to follow all of the procedures to register your marriage legally in Brazil. After you marry, you first will file a petition with USCIS to begin the process for your spouse. After the petition is approved, then your spouse will apply for an immigrant visa. I suggest that you work with an immigration attorney for the best chance of success. Best wishes to you and your partner.

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  • Traveling to Canada ( any where ) with Green Card

    May I know what are the document required to travel abroad with Green card ? Do I need to return my current i-94 while traveling out ?

    Michael’s Answer

    For travel to most countries, you need a valid passport from your country of citizenship, and your valid permanent residence card (green card). Upon return to the United States, you present your passport and green card. If you have a paper version of the I-94, you may present it to US officials upon departing the United States. Best wishes to you.

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  • Can I expedite a petition for a brother

    I'm a US citizen. I would like to petition for my brother who currently lives in a War zone where hundreds of people die on a daily basis. Is there any chance my expedite request will be approved.

    Michael’s Answer

    Unfortunately, expediting your petition won't help, because your brother would need to wait many years, perhaps 10 or more years, to obtain an immigrant visa based on your petition. Depending on your brother's specific situation, there might be some other immigration options available. I suggest that you consult directly with an immigration attorney about the details. Best wishes.

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  • Can I transfer my case If I still didn't pay my AOS Fee

    I have an immigrant visa case for Yemen but the embassy in sanna now is closed and all the yemeni cases are being proccesed in Djibouti I want to transfer my case there too but I want to know can I transfer it without paying the AOS fee and sum...

    Michael’s Answer

    I suggest that you consult with an immigration attorney regarding the case, to help you with the process. The National Visa Center (NVC) can handle requests regarding location changes. Best wishes to you.

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  • If my i-130 was approved can I travel to Texas ? My wife is a US citizen.

    Fernando Reyes from Holland, mi

    Michael’s Answer

    It's not possible to answer your question accurately based on the information you provided. Are you in legal status in the US at this time? Are you eligible to apply for adjustment of status to permanent resident in the US? Do you need a waiver of inadmissibility? I suggest that you consult with an immigration attorney regarding your situation. Best wishes.

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  • My age is 21 years can I apply asylum in one case with mum . I am intered inUS same day??

    My age is 21 years can I apply asylum in one case with mum . I am intered inUS same day??

    Michael’s Answer

    Because you are age 21, you must file your own asylum application, if you wish to do so. Please note that asylum law is very complex. It is very difficult to have a successful application if you are filing on your own. I strongly suggest that you consult with an experienced immigration attorney about your case. Best wishes.

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  • I got an inadmissibility waiver for misrepresentation on a non immigrant visa,am now in US soil,can I do adjustment of status?

    I was found inadmissible for misrepresentation under INA 212?(a)(6)(C)(i) when I applied for a non immigrant visa. Later on I applied and got a waiver on my inadmissibility waiver. I am now in USA. I want to change my non immigrant status to immig...

    Michael’s Answer

    In order to become a permanent resident, you would need a different waiver, this time a waiver of inadmissibility for purposes of immigrating to the United States. In order to obtain that waiver, you would need to show that the denial of the waiver would result in extreme hardship to a U.S. Citizen or Permanent Resident spouse or parent. You also might run into issues because you are applying to adjust status in the U.S. after having entered on a non-immigrant visa. You should consult with an immigration attorney.

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