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Michael Hugh Carlin

Michael Carlin’s Answers

2,963 total


  • Need to renew Permanent Resident Card -it already expired - but my spouse is deceased. Please help!.

    I have been a permanent resident since 1998. The category is IR6. I need to renew my green-card because it already expired on July 1 (two weeks ago) ... but the issue is, my spouse recently died (two months ago). He was a U.S. Citizen and we were ...

    Michael’s Answer

    Hello. Sorry to hear about the loss of your husband. You may file the I-90 to renew your Permanent Resident Card. You might also want to consider applying for U.S. Citizenship. It would be a good idea to consult with an immigration attorney about the options. Best wishes.

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  • Can i submit my documents to NVC before filling DS-260?

    I paid 120 $ & 325 & of AOS and IV fees and i think DS-260 takes 3-5 business days to be opened. My question is can i submit and send my civil and affidavit of support documents to NVC now? I mean can i do it before filing and confirmin...

    Michael’s Answer

    Yes, you may submit your documents to NVC before you complete the DS-260. But you should also complete the DS-260 soon. Finally, you need to follow the directions clearly regarding which documents you need to send to NVC. NVC does plain photocopies of your civil documents such as birth certificate, marriage certificate, divorces, etc. NVC needs the original signed I-864 documents. Then, you bring your original civil documents to your interview at the consulate. You should work with an immigration attorney to have the best chance of success.

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  • CLETS and Green Card

    My soon to be ex husband has successfully convinced the judge and judge granted CLETS one of his request which is his ability to do any illegal recording recently. We still have some other of his request that is denied until hearing, which when I ...

    Michael’s Answer

    It appears that you are concerned about potential problems with your immigration status as a result of the pending divorce and the actions of your husband. If your green card expires in 2023, it appears that you probably married around 2011 or before. Is that correct? And you also have a child together? You also tagged this question with "domestic violence." I suggest that (1) you make sure that you are SAFE, and (2) you meet with an immigration attorney regarding your situation. It appears that your permanent resident status is probably not in danger, but it would be good to meet with an immigration attorney to be sure. You also might be eligible soon to apply for US Citizenship if you wish.

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  • Immigration question

    So my husband is a permanent resident I'm reading about the new waivers how can that help my situation I enter without inspection

    Michael’s Answer

    At some time in the future, we're not sure when, you might be eligible to seek an I-601A waiver of unlawful presence. As of today, you cannot, because only spouses and children of US Citizens can do so. But the I-601A process will, in the future, open up to spouses and children of permanent residents. Overall, the waiver process is complicated. I strongly suggest that you work with an experienced immigration attorney in order to avoid dangerous mistakes and to have the best chance of success.

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  • Is it possible to expedite green card process?

    I have a friend from Canada who has been teaching here in the states for over ten years. She applied for a green card in 2010 but received notice this last January (2015) that they are now processing applications from 2002. Is there ANY way to s...

    Michael’s Answer

    Your posting does not contain enough information for us to be able to answer your questions. What is the basis of your friend's application for a green card? Is it a petition filed by a family member? If yes, then what is the family relationship - spouse, parent, sibling, etc. Is it a petition by an employer? Your friend should consult directly with an immigration attorney to explore all options that are available. Best wishes.

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  • How to file I485 (family based) with I765 and I131 without any problem?

    I am currently in F1 status with my wife (F2). I am going to submit I485 through my brother's immigration petition in 2002. Do I need to apply for I765 and I131? If yes, I765 needs an "eligibility category". In my case which one should I use. ...

    Michael’s Answer

    I suggest that you work directly with an immigration attorney to have the best chance of success. The attorney will be able to answer your questions and help you to apply correctly for an employment authorization card and advance parole, and properly submit payment. Best wishes.

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  • Do I qualify for any program to have able to be here legally?

    I am currently 36 and I was brought here when I was 9, when I was 12 we went back to Mexico, when I was 18 we came back and I finished high school here. I have never been any trouble beside getting pulled over for no driver license and that was ye...

    Michael’s Answer

    When you entered the United States at age 9, did you have a visa or other permission to enter the US? When you entered the US at age 18, did you have a visa or other permission to enter the US? The answer to these two questions will affect your options. If your sister is a US Citizen, she may file a petition for you, but unfortunately you would need to wait perhaps 15 years before you would be eligible to apply for permanent resident status, and you would not have permission to be in the US while you are waiting. You should consult with an immigration attorney to see if you might have other options. Best wishes.

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  • What documents are required for joint sponsor ?

    My wife(Petitioner) does not meet the minimum requirements to be my sponsor(Applicant). So i am going to use a co-sponsor. My question is what document are needed to be provided by Co-sponsor to NVC? I-864, W2 and 1040 ? Anything else ? ...

    Michael’s Answer

    I suggest you work with an immigration attorney to have the best chance of success and to avoid delays. The I-864 instructions contain a lot of detail, and they answer the questions you posed in your posting. You should send all documentation to NVC together at one time. If you send the documentation separately, you will probably encounter more delays in the processing of the paperwork.

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  • Is my father eligible for a humanitarian visa?

    my father lives in the USA. we filed for his residency a few months ago and he has his work permit right now. to make the story short because of his situation he is able to do everything her in California even his interview. my grandmother lives ...

    Michael’s Answer

    When your father applied for permanent resident status, and also apparently employment authorization, did he also apply for advance parole? He could have done so. If he did not, then he could apply now for advance parole, using Form I-131, and he will not need to pay the fees, if he already paid the $1,070 for the I-485. As soon as your father gets the receipt notice for the I-131, he could go to the nearest USCIS office, with documentation showing the medical condition regarding your grandmother, and your father could ask the office to approve his advance parole immediately, rather than waiting for a while to get it approved. Best wishes.

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  • Can you get a student visa to come to the US to learn english?

    I want to go to school in America to study english. Are you allowed to do that on a student visa, or do i have to be able to fully speak English and take regular college courses?

    Michael’s Answer

    Yes, there are definitely many language schools in the United States through which you could apply for a student visa. You should communicate directly with English language schools in the US and ask them if they will handle the paperwork for the student visa. Best wishes.

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