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Michael Hugh Carlin

Michael Carlin’s Answers

2,784 total


  • Can my husband and I sponsor an undocumented couple from mexico

    Can we sponsor a couple who have been here for 14 years are of good moral character and have 3 children who are us citizens. They are from mexico. We are American and want to help them stay here legally .

    Michael’s Answer

    Although it's great and kind of you to want to help, you cannot directly petition for them. There may be some ways that this couple might be able to obtain some immigration relief. It would be a good idea for them to communicate directly with an immigration attorney, to see what options might be available. One option, which is currently on hold, is Deferred Action for Parental Accountability (DAPA). We will need to wait and see if that program will be allowed to go forward. Best wishes to you.

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  • Will the i 212 form help my parents reenter the United States?

    Hi, i'm a 14 year old american citizen with 3 other american brothers ages 16 18 and 22. Both my parents were deported for living in america illegaly for a long period of time. My parents had no criminal records not even a parking ticket. My 2 bro...

    Michael’s Answer

    It would be a good idea to consult with an immigration attorney. Based on the information you provided, it appears that your parents likely are subject to the 10-year bar for having been in the U.S. without permission for more than 1 year. In order to apply for a waiver of the 10-year bar, a person needs to show extreme hardship to a spouse or a parent who is either a U.S. Citizen or a Permanent Resident. So, it appears that your parents might not be eligible for this waiver. In order to have a complete picture of what might be available to help your parents, I suggest that you work directly with an immigration attorney. Best wishes.

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  • I owe back taxes for 2014, I've always filed my taxes but due to some miscommunication between my CPA and I, failed to pay .

    I owe back taxes for 2014, I've always filed my taxes but due to some miscommunication between my CPA and I failed to pay my taxes for one quarter The total amount owed is $3500.And I had my interview in June 2nd and the I wasn't able to make a de...

    Michael’s Answer

    I'm wondering if you disclosed on your naturalization application that you owe back taxes. If you did, and if you now have an agreement with the IRS regarding the payment plan, and if the USCIS office received your letter regarding the plan, then USCIS will most likely determine that the tax payment issue is not a reason to deny your application for citizenship. On the other hand, if you failed to disclose the tax issue in the naturalization application, then USCIS might review your case differently.

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  • Still waiting on more answers

    Out of processing time I had my N_400 interview back in December 16 2014 I pass the test everything want ok the officer told me her supervisor need more time to review my case but I should receive litter with 120 from the day I had my interview...

    Michael’s Answer

    It would be a good idea for you to meet with an immigration attorney, go over the application that you submitted and your history, and try to determine why USCIS is taking a long time on the case. There are steps an attorney could take to try to obtain a decision, including filing a lawsuit in federal court, if necessary. Best wishes.

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  • I am a US citizen and just became a legal guardian of my niece in Mexico, i live in michigan, can i make her a US citizen?

    Green card

    Michael’s Answer

    Legal guardianship will not be sufficient for you to help your niece to become a U.S. Citizen. If you legally adopt her, then there might be a possibility, based on other factors. You should consult with an immigration attorney about what the options might be. Best wishes.

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  • How I can bring my spouse in USA while her immigration petition is waiting for priority date to become current at NVC?

    I am green card holder, I already filed petition for my wife immigration. Petition has been approved and her case is at National Visa Center and waiting for priority date to become current. It is going to take another year as of today. I was wonde...

    Michael’s Answer

    Your wife could apply for a visitor visa, a student visa, or some other type of visa. Additionally, if she is a citizen of a country that does not require a visa, she might be eligible to enter through ESTA, under the Visa Waiver Program. Depending on your wife's situation, it may be challenging for her to obtain a visa, because the fact that she is married to you, as a permanent resident, and the fact that you have filed an immigration petition for her, means that consular officials might conclude that she is not eligible for a nonimmigrant, or temporary, visa, and must instead wait until she is eligible to apply for an immigrant visa. I suggest that you work directly with an immigration attorney to explore the possibilities in more detail. Best wishes.

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  • Can I send secondary evidence?

    I applied for the immigration of my father by form i-130. USCIS requested me to send marriage certificate of my parents. With this required document I want to send other supporting documents too as an evidence of my parents' marriage.

    Michael’s Answer

    Hello. I believe this might be the third time that you have posted this same question. Your question doesn't have enough detail for us to understand what the RFE is requesting. In order to save time and avoid a denial, I suggest that you work directly with an immigration attorney to respond to the RFE. Best wishes.

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  • OPT Student, recently starting working in unrelated field, applying for adjustment of status. I864 income question.

    Greetings, In short: I am an OPT student who recently obtained a job in a mildly unrelated field (compared to my Master's Degree). Applying for adjustment of status with the I864 (with my wife as my sponsor) showing my income as the mean to ea...

    Michael’s Answer

    There are some specific circumstances in which the intending immigrant's income may be included along with the petitioner's income on the I-864. A thorough analysis of all of the potential I-864 issues and problems shouldn't be attempted here on Avvo, a website that is not intended for that level of detailed analysis. I suggest that you work with an immigration attorney on your application for adjustment of status, to have the best chance of success, and to avoid unnecessary delays and potential problems that could lead to results more problematic than delays. Best wishes to you.

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  • Can i send secondary evidence with the documents required in RFE?

    I am in abroad and won't come back to USA without my parents. I am worried about my parents' immigration. I want to submit all evidences in response of RFE to save time and avoid denial.

    Michael’s Answer

    Your question doesn't have enough detail for us to understand what the RFE is requesting. In order to save time and avoid a denial, I suggest that you work directly with an immigration attorney to respond to the RFE. Best wishes.

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  • Can i send secondary evidence with the documents required in RFE?

    I am in abroad and won't come back to USA without my parents. I am worried about my parents immigration. I want to submit all evidences in response of RFE To save time and avoid denial.

    Michael’s Answer

    Your question doesn't have enough detail for us to understand what the RFE is requesting. In order to save time and avoid a denial, I suggest that you work directly with an immigration attorney to respond to the RFE. Best wishes.

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