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Michael Hugh Carlin

Michael Carlin’s Answers

3,035 total


  • If I have one misdeamenor in my record, will I be able to apply for green card for my husband?

    I do have green card, and my husband has F1. In 2014, I committed a misdeamenor where I paid charges $400 dollars. The reason was the damaging other property where the product value was &4 dollars. In this situation, will I be apply for green card...

    Michael’s Answer

    I suggest that you consult with an immigration attorney directly. Although your conviction will probably not cause a problem for your petition for your husband, your conviction could cause potential problems for your own permanent resident status, depending on the details of your court matter. Best wishes to you.

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  • Which form do I have to use?

    My daughter is an LPR here in the USA. Her daughter came along with her with a humanitarian parole authorization. Does she need to fill out Form I-130 along with the Form I-485 in filing a petition for her daughter or Submit Form I-130 first then...

    Michael’s Answer

    We need to know more information in order to answer the question. Based on the information you provided, it is likely that at this time, your LPR daughter files only the I-130 Petition. But it would be much better for your daughter to consult with an experienced immigration attorney. Best wishes.

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  • Can I file I-485 for my wife as my dependent 2 years after I file I-485 for myself only? She can't be included now due to J-1.

    I am filing my I-140 application for NIW-EB2. My wife has J-1 visa. She can't get permanent residency now since 2-years rule applies to her. I wonder if she can obtain permanent residency as my dependent 2 years later, if I file I-485 only for mys...

    Michael’s Answer

    It appears that your wife would likely be eligible for permanent residence later, under the "following to join" procedure. But it is also possible that your wife might be able to obtain a waiver of the 2-year home residence requirement. I suggest that you consult with an experienced immigration attorney to examine all of the possibilities. Best wishes to you.

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  • Can I get the green card through my brother and parents

    My brother is an american citizen. My parents have green cars since 2010. 3 months ago I arrived with my family to USA and I still here in a visit. What is the best solution to me and my family to apply for green card and live in usa legally

    Michael’s Answer

    If you are married, then it will be a number of years, perhaps as much as 15 years, before you will be eligible to apply for permanent resident status. While you are waiting, you will not be able to remain in the United States, unless you have some other way to be here legally. I suggest that you consult with an experienced immigration attorney. Best wishes.

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  • Is there any website that I can file a complaint? What should I do?

    I paid 165 $ for green card of my parent, after getting immigration visa and arrival to the USA. It's been for three months and we have not received it. Is there any website that I can file a complaint? What should I do? I went to this website b...

    Michael’s Answer

    Go to the following website and click "Contact Us" in the upper right corner: https://public-prod-elis2.uscis.dhs.gov/efile/app/app/iv/#!/

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  • Am I going to get deported the US if I file divorce?

    I am permanent resident , I just got my green card couple months ago by immediate relative status by my wife. My wife is US citizen. We have been married for year and we have baby. We are at the serious stage of divorce.

    Michael’s Answer

    Your posting does not include a question, but I suggest that you work directly with an immigration attorney. If you received a green card that is valid for 2 years, then you are going to need to present an application to USCIS to remove the conditions on your permanent resident status. Best wishes.

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  • Would it save money or facilitate process to file AOS and visa petitions for my stepchildren along w/ petition for my husband?

    I'm a US citizen and my Colombian husband's I-130 was approved, so now we need to apply for his visa. We want to petition for his two younger children to immigrate as well (ages 9 and 19, but the 19-year-old was 17 when we married), but we are tig...

    Michael’s Answer

    • Selected as best answer

    First, yes, you need to file separate I-130 petitions for your two stepchildren, even though they were listed on the I-130 for your husband. This is because your husband is your "immediate relative" for immigration purposes, and there are no "derivatives" for "immediate relatives." So yes, you need to file separate I-130 Petitions. Based on your posting, it appears that your husband and stepchildren are outside the USA at this time, and that they will be applying for immigrant visas. So, second, if you want all 3 to enter the US at the same time, then you are going to need to wait until your stepchildren's I-130 petitions are approved before you move forward with the visa applications. On the other hand, if they are in the USA, then you could file for all 3 together now. It would be a good idea to work directly with an immigration attorney to avoid delays and to have the best chance of success. Best wishes.

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  • How long at minimum final review at NVC until schedule interview?

    My case at NVC over 6 months ago. Also was completed in 9/24/2015 . Now my wife called Nvc they respond to her the case under final review...how long will take to my interview. In addition my case is under expatiated . Im in a foreign country duri...

    Michael’s Answer

    Unfortunately, it's not possible to give you a realistic estimate of when you will be scheduled for an interview. You could contact NVC to ask for an update of your case. Or, if you have an attorney, you could ask the attorney to seek an update on your case. Best wishes.

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  • Does the explanation of the answers on the updated asylum application need to be same as it was in the initial application?

    I want to add my wife to my application. They told me to send the updated application with my wife info. I am wondering does the application needs to have the same answers word to word as i sent before.

    Michael’s Answer

    It would be a very good idea for you to consult with an immigration attorney regarding your pending asylum application. Asylum law is very complex, and most people have a much better chance of success when they are working with an experienced immigration attorney. It's not possible to directly answer your question without knowing more about your particular case. You should consult directly with an experienced immigration attorney. In general, consistency is important, but there are time when it is beneficial to correct errors or add information to an application. Best wishes.

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  • How do we correct this issue before we file?

    I am in the process of filling for change of status from F1 student to permanent resident through marriage. My wife (the US citizen) has 2 middle names. On her birth certificate, there is no hyphen between these 2 middle names, however on her stat...

    Michael’s Answer

    I don't think you are going to have any problems in relation to this issue. I don't think you need to "correct" anything. I think that the question of whether or not there is a hyphen will not have an effect on the case. Best wishes.

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