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Michael Hugh Carlin

Michael Carlin’s Answers

2,963 total


  • Expansion of Provisional Unlawful Presence Waivers of Inadmissibility

    Will people with a relative petition(LPR) who have been submitted to the 10 year bar and sent home on voluntary departure benefit from this ?

    Michael’s Answer

    It appears that they will not. The I-601A Provisional Unlawful Presence Waiver is for persons who are in the United States at this time, and whose only ground of inadmissibility is their unlawful presence in the US. If a person is not in the US, then they are not eligible to apply for the I-601A. However, if they need a waiver of inadmissibility, they may apply for an I-601 waiver, if they are eligible to apply for it, from outside the United States.

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  • I am filing in my travel documents I-131 and I'm not sure what my Application type is?

    In part 2 they ask my Application type. I came to America on a J-1 VISA and got married to my husband a month ago. I terminated the program and they might have canceled my VISA. I am now applying for adjustment of status, we are currently living t...

    Michael’s Answer

    You are applying for an advance parole document ... it appears that you are submitting the I-131 together with your other applications, correct?

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  • Is there any way can a greencard holder parent file adjustment of status for their daughters over 21 who has tourist visa??

    What are some ways can over 21 children can stay in usa what should greencard holder parents file so they get adjustment of status with in the usa

    Michael’s Answer

    As you probably know, your daughters will need to wait a number of years before they will be eligible to apply for permanent resident status. They will need to either maintain lawful status in the US the entire time they are waiting, or they will need to depart the US while they are waiting. If they are not in lawful status in the US while they are waiting, then they will run into significant problems when they apply for permanent resident status.

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  • Is there a age limit waiver for petitioner to apply for parents . Us is says age has be 21 , I am 21. Parents live out of state.

    I am 20,married, us citizen. I want to apply for my parent be permenant residents. Uscis say age limit is 21 for me to apply is there a wiaver for the age limit for the petitioner .

    Michael’s Answer

    Unfortunately, only US Citizens age 21 or older may file petitions for their parents to help them to become permanent residents. You could submit your petition as early as your 21st birthday.

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  • My friend have 2 kids and their grandma in USA Can grandma or grandpa take them to USA for tourism or educate Immigration help

    They have 6 and 8 years old . Can go there and grandpa take thief to embassy for taken visa ? Immigration help please Thanks Grandma and grandpa have citizenship

    Michael’s Answer

    I suggest that your friends communicate directly with an immigration attorney. Unless there are some unusual details in their situation, the children probably did not obtain US Citizenship through their grandparents or parents, although an immigration attorney should ask questions to make sure. If we are talking about US Citizens trying to get visas for their grandchildren, it's not very likely. The children might apply for visitor visas, but the family will need to work hard to convince US officials that the children will return home after their visit in the US.

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  • Can a green card holder sponsor a nephew for F-1 visa?

    I have a nephew that would like to come visit and learn English for 6 weeks in the summer of 2016,can i sponsor him for his F-1 visa even though im a green card holder ?i already looked for a language school near me ,and i will take care of his s...

    Michael’s Answer

    You and your nephew should communicate directly with the language school, and ask if the school will handle the student visa process. Many schools do. Best wishes.

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  • Immigration forms expired can I still used?

    I'm getting ready to send out these forms below 1) I-485 it was expired on 6-30-15 2) G-325 it was expired 02-28-15 3) I-864 it was expired on 03-31-15 Can I sill fill out the form and mail to USCIS

    Michael’s Answer

    You should always check on the forms at uscis.gov. It appears that the 3 forms you list do have the expiration dates that you state. Yes, you may use these, even though they are out of date, because USCIS has not yet provided the updated forms. Best wishes.

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  • Can i send the copy of documents to NVC?

    I am going to send and submit my supporting documents and affidavit of support to NVC. My question is can i send NVC the copy of original translations and copy of original documents ? And bring the original documents and translations to the embas...

    Michael’s Answer

    NVC would like to receive ordinary copies of these documents. You present your originals, along with another photocopy of each, at your interview.

    For the I-864, however, NVC requires the original signed I-864 documents.

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  • I have been out of US for more than a year, is my greencard still valid?

    I have a permanent greencard the valid date of the card is till 2024. Before I came back to Europe I was working and living in U.S. but due to some issues about my apartment I had to leave urgently. My last stay in U.S. was in April 2014. I have r...

    Michael’s Answer

    The answer to your question is complicated. If you travel to the US and present your passport and your Permanent Resident Card, you might be questioned extensively by US immigration officials at the airport about why you were outside the US for one year and some months. Depending on how your encounter goes with US immigration officials, they might admit you as a Permanent Resident (the best outcome), or they might tell you that they believe that you have abandoned your Permanent Resident Status. If you don't agree with that, and if you wish to contest their allegation, then you need to tell them that, and they will parole you into the US and give you a temporary stamp in your passport that indicates that you are a Permanent Resident but that you are paroled, not admitted. They will also give you documents that state that later you will need to appear in Immigration Court, to deal with the issue in front of an Immigration Judge. I suggest that you discuss all of this with your attorney, and/or consult directly with other immigration attorneys who have experience with issues related to allegations of abandonment of LPR status.

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  • Can I re-apply for citizenship?

    I am married to a U.S. Citizen. I came to the U.S. 2 years ago and stayed for one year with a Green Card. My father became ill and I had to go back to my country Chile. We are looking to move back to the U.S. now. My question is, will it be hard t...

    Michael’s Answer

    1. Is your green card valid for 2 years or for 10 years?
    2. Is your green card still valid at this time?
    3. How long have you been outside the United States?
    It would be a good idea for you to consult with an immigration attorney about the best way to move forward in your situation. Best wishes.

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