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Michael Hugh Carlin

Michael Carlin’s Answers

2,963 total


  • I have an approved F2B and F1 petition, can I file 2 DS-260, one for each?

    Thank you

    Michael’s Answer

    You might be wasting your money if you file two separate DS-260 applications. Only one will be used. You should consult with an immigration attorney to determine which is best in your situation.

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  • Is a TPS applicant eligible to apply for J1/H1B visa in the future?

    I am a research scholar in J1 visa currently. I am eligible to apply for TPS. If i apply for TPS and granted, will my remaining J1 visa validity void? Will this cause adverse effect for my future j1 or h1b application?.

    Michael’s Answer

    I suggest that you consult with an immigration attorney. If you obtain TPS, that will not make your J-1 void. Best wishes.

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  • I want to change my maiden name to my husband's last name . Is it better to wait until I get my Green Card or it doesn't matter?

    I am a spouse of an American Citizen and about to apply for my Green Card while both of us are outside the States. When we got married I kept my maiden name , it was almost year ago . Now I want to change my maiden name to my husbands name . My qu...

    Michael’s Answer

    It does not matter who writes the check for the I-130. If you are applying for your status while you are outside the US, you eventually will be dealing with NVC and with the consulate, both of which tend to list your name exactly as it appears in your passport. Thus, if you wish to have your married name, rather than your birth name, you should try to obtain a new passport with your married name. Otherwise, it might be best to wait to change your name until you apply for naturalization, approximately 3 years after you become a permanent resident.

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  • Old visa Number and date

    I am filing an application for the U.S visitor visa. The application asking about my previous visit to the United States, the visa number and date. My latest visit to the U.S backs to 1975 and I don't have my old passport anymore. I was wondering ...

    Michael’s Answer

    You should answer the questions to the best of your knowledge. For details that you don't remember, simply state that you don't remember, and give your best estimates. Best wishes.

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  • Advance parole to travel

    I have filed asylum after i went out of status from f1 visa. Recently i applied for TPS and got approved. I thinking to travel outside USA with advance parole but I have a fear of being inadmissible at POE in USA when turn. In past I was out o...

    Michael’s Answer

    Depending on the circumstances of your prior immigration history, and criminal history (if any), you might or might not be paroled into the US with your advance parole document. It would be a good idea for you to consult directly with an immigration attorney to discuss all of the potential consequences of travel. Best wishes.

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  • Can I apply for B1/B2 visa after AOS denied?

    Came to USA on F1 visa, Married USC, Filed for AOS, Spouse withdrew petition, AOS cancelled. I left USA immediately (didn't overstay my visa/status). Now want to enter USA on B1/B2 visa. Will i get the visa if want to visit my US friends and for t...

    Michael’s Answer

    You may certainly apply for a visitor visa. The US Consulate might approve it, or they might deny it. If they deny it, the reasons might be that (1) they believe that you have the intent to immigrate to the US, because of your prior AOS application, and/or that (2) you have not shown sufficient ties to your home country, such as employment, property, family, and money in the bank. Best wishes.

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  • What should I do?

    Since July 6th 2015 the air conditoning at my work has been not working. I work for a retail store with about 10 other associates. It gets to be 80 degrees in the building and customers are complaining about how hot it is. We also get yelled at wh...

    Michael’s Answer

    I will change the practice area on this question.

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  • Married to USC, left USA after living 2 years for good. Now want to file divorce from my home country. How?

    I married USC 2 years back and recently moved back to my home country for good. I don't want to return back to USA. I want to file divorce now. How can I file from my home country?

    Michael’s Answer

    This is not an immigration question. I am going to change the practice area to Divorce. Best wishes.

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  • I am US citizen and would like to sponsor someone from Pakistan. How much will it cost me? And where do i go and what forms?

    The Pakistani is a 25 year old male and he's never flown on plane before. Him and I address each other as mom and son. I have never sponsored anyone before and I have no idea what forms I need or what he needs. And the cost if any to sponsor anyon...

    Michael’s Answer

    You mentioned that you address each other as "mom and son." I'm not quite clear. Are you friends? We would need some clarification. If you are not his biological parent, and if you did not adopt him before he turned age 16, then it appears that you will not be able to file a petition for him to obtain permanent resident status in the US. Perhaps he might apply for a visitor visa, or a student visa, to the US. I suggest that you consult directly with an immigration attorney to explore the options. Best wishes.

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  • How long does the process of I-130 take for parents and sister?

    I am an American citizen through naturalization. I filed three I-130 forms for parents and sister back in April 2015. Now I would like to know how long it would take to have my parents here and how long it would for my sister to be here, also I wh...

    Michael’s Answer

    The I-130 petitions for your parents will likely be decided by USCIS within about 6 to 8 months from the date that USCIS received them. If USCIS approves them, then after another 1-2 months, the approval will be received by the NVC, and they should contact you and/or your parents for the next steps, for immigrant visa documentation and interviews. I suggest that you work with an immigration attorney to keep things moving as quickly as possible, and to avoid potential problems. As for your petition for your sister, USCIS will likely take a long time to adjudicate your I-130 for her. This is because your sister, unfortunately, will likely need to wait approximately 10 to 15 years before she will be eligible to apply for an immigrant visa based on your I-130 petition. Your sister might be able to obtain an immigrant visa more quickly if your parents first obtain permanent residence in the US and then they file their own I-130 for your sister. Best wishes.

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