Skip to main content
Michael Hugh Carlin

Michael Carlin’s Answers

3,035 total


  • How long it takes for uscis to approve my petition for my brother to immigrate to USA under f4. Visa.

    I'm a US citizen, I want to file for my brothers who live in Jordan to immigrate to the USA. If everything is okay .how long it takes the uscis to approve the petition? I'm not asking for the waiting time to get the priority date. I'm asking for t...

    Michael’s Answer

    In order for USCIS to approve the petition, it could take a number of years. This is actually a good thing, because, depending on whether your brothers have dependent children, they might benefit from USCIS's delay in approving the I-130 petitions that you file for your brothers. Also, it is important to understand that the long wait time for your brothers to be eligible to apply for permanent resident status does not depend on how long USCIS takes to approve the I-130 petitions.

    It's impossible to state exactly how long your brothers will need to wait before they are eligible to apply for permanent resident status. But my best guess at this time is approximately 15 years. Please see: http://travel.state.gov/content/visas/en/law-and-policy/bulletin.html and http://www.myprioritydate.com/ for more information. Best wishes to you.

    See question 
  • How do we find out if he his admissible?

    My husband and i are Canadian citizens and would like to take out children to Orlando for a family vacation. My Husband has never traveled to the USA and has previously ( about 12 years ago) had criminal charges/ convictions. both were assaults. ...

    Michael’s Answer

    To answer the question of whether or not your husband is inadmissible will require a review of his court records and an analysis of whether the specific statutes he is convicted of violating makes him inadmissible. This involves comparing the court records to the US immigration laws regarding inadmissibility. In order to make this determination, I suggest that you consult directly with an immigration attorney experienced in dealing with the immigration consequences of criminal convictions. You could click on our names here on Avvo, or search for a lawyer using http://ailalawyer.com/. Best wishes.

    See question 
  • Can we get approved?

    my wife was deported in 1988 and now my daughter did the petition for us and we are here on a visa , will the deportation affect the petition

    Michael’s Answer

    In order to answer your question, we would need a lot more information. What type of visa do you have now? Why was your wife deported in 1988? Did your wife ever return to the US in any way between 1988 and now? And on and on. I suggest that you work directly with an experienced immigration attorney to have the best chance of success and to avoid mistakes that could cause big problems. Best wishes.

    See question 
  • How do i get a green card in this situation without having to leave my whole life?

    About 6 months ago I discovered I was not a US citizen while trying to renew my license. I was born in Canada to Us patents that (just found out) gained Canadian citizenship prior to my birth. That was 30 years ago. My mom has LPR and I entered...

    Michael’s Answer

    Your situation requires a thorough review of all of the details and circumstances of your history, and your parents' history. Based on your posting, it's not clear whether or not you actually derived US citizenship from your parents or not. Perhaps you did, or perhaps you didn't. In order to figure it all out, we would need to get more details from you. I suggest that you consult directly with an immigration attorney experienced in issues related to US citizenship, especially citizenship acquired at birth. Best wishes.

    See question 
  • Why is my advisory opinion confusing?

    I have a J1 visa. My DS 2019 does not indicate anything about the 2 year restriction. I filed for an advisory opinion which mentions that I am "subject" to the requirement based on the reason that my subject group is 40 while my subject group is 4...

    Michael’s Answer

    I am wondering why you filed for an Advisory Opinion. The question of whether a person is subject to the 212(e) home residency requirement is complicated. Now that you have requested an Advisory Opinion and received an answer stating that you are subject to the requirement, it might be difficult to "unring the bell." I suggest that you consult with an immigration attorney experienced in dealing with J-1 issues related to 212(e). I have successfully handled a number of such cases, as have many other immigration attorneys. Best wishes.

    See question 
  • Asc appointment failed to go. Helpp

    I failed to go to asc appoitment. It was december the 4th. I dont know what to do, can i go the next week and walk in and maybe they can do my biometrics. Or a reschedule. Pleaseee

    Michael’s Answer

    You could appear at the office, which is generally open on most days from Monday to Friday, from about 8 am to about 3 pm. Sometimes they agree to take your biometrics at that time, or sometimes they will instruct you about how to reschedule. Best wishes.

    See question 
  • Oath letter delayed after acceptance? Why?

    Did my N400 interview today The officer was good and everything went perfect I requested a name change on my app but before my interview i decided that it wasn't okay and told the officer that i need the final name to be and i told him the nam...

    Michael’s Answer

    As you described, it appears that USCIS needs to conduct additional background checks. It appears that you likely attended the interview at the USCIS Detroit Field Office. If you wish, you could consult directly with an immigration attorney, who could communicate with the USCIS Detroit Field Office regarding your case. Best wishes.

    See question 
  • Name changes after married for F1 visa

    Hi. I just got married 3 weeks ago. I am F1 visa now. I m going to file AOS soon. I would like to change to my sprouse's lastname. When I got ceremony ,I still sign my old last name. Then, I order copy certified marriage license. I did not sig...

    Michael’s Answer

    If you already have a Social Security Number, you could consider visiting the SSA office with your marriage certificate and your other documents and request a new card with your married name. When you file for adjustment of status, you can use your married name. I suggest that you work with an immigration attorney on your case, to have the best chance of success and to avoid problems. Best wishes.

    See question 
  • I485 sponsor question

    My sponsor for I-485 via spouse petitioning, was out of work for three months between April and July before he started UBER and currently he was a job he started in September. USCIS requires 6 month paystubs, can he sponsor me showing paystubs pri...

    Michael’s Answer

    Financial sponsorship specific details like this are difficult to answer on an online forum. The I-864 has specific requirements that must be met to satisfy USCIS. I suggest that you work directly with an immigration attorney on this specific issue to have the best chance of success and to avoid problems and delays. Best wishes.

    See question 
  • A new citizenship

    Hello if someone recieved a new foreign citizenship befor having his immigrant visa accepted .. should he inform the USCIS about it?or make any change on the Ds-260 online application?

    Michael’s Answer

    If you already submitted the DS-260 online, then you won't be able to make any changes to it. On the other hand, if you have not yet submitted the DS-260, you may add the new information about your additional citizenship. If you are going to an immigrant visa interview at a US Consulate, then you should inform the officer at the consulate about your new citizenship. Best wishes.

    See question