Michael Hugh Carlin’s Answers

Michael Hugh Carlin

Ann Arbor Immigration Attorney.

Contributor Level 18
  1. Should we file for I-130 as I'm waiting for CBP/ FOIA record of lawful entry, to be able to Adjust Status instead of 601 route?

    Answered 11 months ago.

    1. Jeff L. Khurgel
    2. Paul M. Ruby
    3. Michael Hugh Carlin
    4. J Charles Ferrari
    5. Alexander M. Ivakhnenko
    6. ···
    8 lawyer answers

    Your situation would be significantly easier and more secure if you were able to obtain proof of your valid entry to the US. You could do a FOIA request to CBP specifically requesting the I-94 documentation for your entry, and/or other documents/testimony to establish your lawful entry. The alternative, an I-601A or I-601 waiver, is more complicated and is often difficult to win.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Outside the USA and trying to file form I-601a

    Answered 12 months ago.

    1. Giacomo Jacques Behar
    2. Alexander Joseph Segal
    3. Alexus Paul Sham
    4. Michael Hugh Carlin
    5. Chong Hae Ye
    6. ···
    6 lawyer answers

    If you are outside the US and if you are inadmissible to the US and if you are eligible to file a waiver, then you would need to file Form I-601 (and NOT Form I-601A). I strongly suggest that you work with an experienced immigration attorney, as waiver applications are complex.

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  3. I am A USA citizen and I married a illegal immigrant about a year ago. We have a 3 month old baby together.

    Answered 12 months ago.

    1. Michael Hugh Carlin
    2. Jeff L. Khurgel
    3. Eric M. Mark
    4. Michael L Detzky
    5. F. J. Capriotti III
    6. ···
    8 lawyer answers

    You should consult with an immigration attorney. The answer to your question is "maybe." Much more information is needed in order to answer the question. That is why you need to consult with an immigration attorney. Best of luck to you.

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    1 person marked this answer as helpful

  4. Is a photocopy of N-445 acceptable for oath ceremony?

    Answered about 1 year ago.

    1. Michael Hugh Carlin
    2. Alexander Joseph Segal
    3. J Charles Ferrari
    4 lawyer answers

    You should attend the oath ceremony with the copy of the N-445 that you received, your green card, and any other photo ID that you have. It appears likely that USCIS will accept your photocopy. If not, then you should ask USCIS to provide you with another N-445 for a subsequent oath ceremony. Best of luck.

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  5. Australian Student on F1 Student visa in the USA wanting to marry an American? Additional details in the add details section.

    Answered about 1 year ago.

    1. Michael Hugh Carlin
    2. Rebecca Sue Lair
    3. Dhenu Mitesh Savla
    4. Giacomo Jacques Behar
    5. Jeff L. Khurgel
    6. ···
    6 lawyer answers

    If you marry, then you and your spouse can file the appropriate documents for you to apply for permanent resident (green card) status. I suggest that you consult with an immigration attorney about the entire process, to review your past history to see if there are any potential problems, and to prepare the applications, for the best chance of success. Best of luck!

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  6. If I was approved asylum status 10 years ago and now case is reopen before judge, can he give frivolous asylum if he sees lied

    Answered about 1 year ago.

    1. Michael Hugh Carlin
    2. Russell Reid Abrutyn
    3. Alexus Paul Sham
    4. Stephen D. Berman
    5. Karen-Lee Pollak
    6. ···
    6 lawyer answers

    It is possible that an immigration judge could review the asylum application and then make a finding that it was frivolous. A finding that an asylum application was frivolous carries serious and significant immigration consequences. I suggest that you consult with an immigration attorney very soon.

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  7. A US citizen lived aboard with two wifes. Needs to claim one marriage since the first marriage was to a first cousin.

    Answered about 1 year ago.

    1. Michael Hugh Carlin
    2. Mani Khavajian
    3. John Grayson Davidson
    3 lawyer answers

    According to U.S. immigration law, the second marriage will not be recognized at all. The person would need to get an official, legal divorce from his first wife. Then, once that divorce has become final, the person would need to legally marry the woman who wants to immigrate to the United States. I suggest that you consult with an immigration attorney about the case.

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  8. Is the 10 year physical presence Immigration law still valid?

    Answered about 1 year ago.

    1. Michael Hugh Carlin
    2. Alexander Joseph Segal
    3. Lachezar Vanchev
    4. Russell Reid Abrutyn
    5. Giacomo Jacques Behar
    5 lawyer answers

    It appears that you are referring to a type of benefit referred to as Cancellation of Removal. There are a number of complicated issues involved in these cases. You really need to consult with an immigration attorney about the situation. For starters, at this time, it appears that you are about 1 year short of the 10-year physical presence requirement. For more information, take a look at: http://mcarlinlaw.com/cancellation-of-removal-page/ Please consult with an immigration attorney...

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  9. Can I file a I-130. Can I be eligible for the provisional waiver?

    Answered about 1 year ago.

    1. Michael Hugh Carlin
    2. Giacomo Jacques Behar
    3. Douglas Aaron Cowgill
    4. Rodrigo Ivan Canido
    4 lawyer answers

    1. Your US Citizen spouse is able to file an I-130 Petition for you. 2. It appears that you are subject to the "non-waivable" 10-year bar under Section 212(a)(9)(C) of the Immigration and Nationality Act, because it appears that you accumulated one year of unlawful presence after April 1, 1997, then left the United States, then re-entered the United States without authorization. As a result, it appears that you are not eligible for the new I-601A application for a provisional waiver of...

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  10. How can I fix my boyfriend's immigration status?

    Answered over 1 year ago.

    1. Michael Hugh Carlin
    2. Alicia Marie Heflin
    3. Karen-Lee Pollak
    4. C. C. Abbott
    5. Samuel Patrick Ouya Maina
    6. ···
    6 lawyer answers

    I'm not sure what you mean when you state that your boyfriend is an "illegal." He has never been in the United States? Then he is surely not an "illegal" for US immigration purposes. After you marry in Mexico, you may begin the process to help him to apply for permanent resident (green card) status in the USA. I suggest you consult with an immigration attorney to have the best chance of success with the whole process.

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