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Michael Hugh Carlin

Michael Carlin’s Answers

2,963 total


  • How do I correct Accompany Name (Name of Child) displayed in DS 261 form?

    Hi, one of the child's name is displayed as SHREYA, FNU where SHREYA is her first name and I don't know what FNU is. I believe it means First Name Unavailable. The name of the other child is AKASH BAJAJ which is displayed correctly (Lastname, Firs...

    Michael’s Answer

    If you are working with an immigration attorney, the attorney should be able to get the names corrected. If you are not working with an attorney, then you need to try to contact NVC and explain the issues with the names. Best wishes.

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  • I-485 filed two years ago, now outside of processioning time. Can I file a complain with local USCIS chief or file writ of m.?

    We filed my husband's I-485 in Nov 2013; we 've been to 2 interviews since then; renewed medical already in response to REF; called many times to customer service. All reps on the phone told us that they would investigate and send us letter, we ne...

    Michael’s Answer

    You could contact your Congressional representatives, file a complaint with the Ombudsman's Office, and file a writ of mandamus. I suggest that you work directly with an immigration attorney, who will have experience with handling all of these options. Best wishes to you.

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  • Am I able to file a petition for a K-1 for my fiancé if I am currently living in South Korea?

    My fiancé and I are currently living in South Korea - he is a PhD student from Syria and I am an English teacher from the US. However, we hope to travel to the US together, get married, and begin our lives together there as soon as possible. I hav...

    Michael’s Answer

    You could run into some problems due to your lack of domicile in the US, and financial support issues. You would definitely need to have a specific address where you would be residing in the US, and other ties to the US would also be helpful, such as employment, bank account, etc. I suggest that you work directly with an immigration attorney to explore your options and to have the best chance of success. Best wishes.

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  • When a child's application ages out

    Hi, I am a U.S. citizen working abroad. I married a none U.S. citizen in 2009. My wife had two daughters; 14, now 20 and 13, now 19. I am petitioning for the 3 of them but I was told by a friend that my oldest step child may be aged out at the tim...

    Michael’s Answer

    If your step-daughters were under age 18 at the time that you married their mother, then they are your daughters for purposes of immigration law. If you properly file a petition for each of your unmarried daughters before they turn age 21, then they will be eligible to obtain immigrant visas, and they will not "age out." I suggest that you work with an immigration attorney to have the best chance of success and to avoid potential problems. Best wishes.

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  • Is it possible to file for Change of Status when you are under DACA and marry a US Citizen?

    Hello. Here is my situation. My parents came here to the US under asylum. They later filed for me (their child) to come to the US. I lawfully entered the US when I was 9 and have all documents. When we went to apply for a Green card, the off...

    Michael’s Answer

    If you have proof of lawful admission or parole into the US, from when you were 9 years old, and if you meet all other requirements for adjustment of status to Permanent Resident based on marriage to a US Citizen, then it appears that your parents' pending asylum case will not negatively affect you. I suggest you work with an immigration attorney to have the best chance of success and to avoid potential problems. Best wishes.

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  • How can I find out if a person has ever had an order of deportation?

    The person is a permanent resident, and as he is trying to file his application for citizenship, one of the questions is if he has ever had an order of deportation or removal. He's not sure, because before he was given his permanent green card by ...

    Michael’s Answer

    1. Call the EOIR automated toll free system at 800-898-7180, and enter the Alien Registration Number.
    2. Submit a request to EOIR and to USCIS for a copy of all documents, pursuant to a FOIA (Freedom of Information Act) request.

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  • Acabo de ser aprobada con una I 360 VAWA estoy fuera de usa , en mi país puedo aplicar por un EDA Y UN I 131 para regresar a USA

    Es un placer dirigirme a UD. Acabo de ser aprobada con una I 360 ( VAWA ) estoy en PAIS ! Pregunta : 1 - puedo aplicar para un permiso de trabajo I 765 y un Parole I 131 para regresar a EE UU Comentario : 1 ...

    Michael’s Answer

    Si Ud. esta fuera de los EEUU, entonces necesita aplicar para una visa de inmigrante basado en la aplicacion I-360 aprobada. Ud. necesita consultar con un abogado de inmigracion porque parece que su caso esta complicado, considerando sus antecedentes inmigratorios.

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  • If I get approved during the immigration interview, will I receive my green card right away?

    I am applying for a green card through marriage.

    Michael’s Answer

    The green card arrives in the mail, typically within about 2 to 3 weeks after approval.

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  • I am Guatemalan and I won my asylum. The attorney told me my two minor children were not included and therefore I have to wait..

    until I am a LPR to petition for them (6 months from now). I am desperate for my children and much more so because they are living in a barrio plagued by gang crime. Is there a legal way for them to join me in the USA through my asylee status? Muc...

    Michael’s Answer

    Did you list your children in your I-589 asylum application? If you did not, then why not? I suggest that you speak again with your attorney about this issue. Best wishes.

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  • Can I send only last year tax return for family immigration, form I-864 after I filled 3yrs taxes with streamlined procedures

    I filed my taxes for last 3 years together using the streamlined foreign offshore procedures. Is it enough to send copy of the most recent year tax return to NVC? Or I must send the 3 years returns? For financial documents accompanying affidavit o...

    Michael’s Answer

    The instructions on the I-864 form are clear. You may submit either the tax return from the most recent year, or from the most recent 3 years.

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