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Michael Hugh Carlin

Michael Carlin’s Answers

2,830 total


  • Can my wife De-naturalize me after 4 years of mariage

    Hello I have been married with my wife for almost 4 years I was naturlized a year ago During our marriage we had ups and downs, like all others But everytime she wins the fight when she threatens of deporting me I know sometimes she says...

    Michael’s Answer

    Your wife is very unlikely to be able to have you denaturalized. It would require an unusual level of proof that you engaged in fraud in order to obtain immigration benefits to result in the US government's charge that you lose your US Citizenship. A marriage relationship that is experiencing difficulties will not put your US Citizenship status in danger.

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  • I have approved 1-130 petition.Its priority date is current now.Petition was filed by my dad.But he passed away .

    Iam in united states now. I came after his death.AS per my attorney that the petition is automatically revoked once the petitioner is died.How will i come in status now?My tourist visa already expired long time back. Iam above 30 yrs.

    Michael’s Answer

    Well, it appears that you have some obstacles. One possibility is that you could request USCIS to allow the substitution of another person as the petitioner to take the place of your father. But it appears that you have a problem if you are now out of status. You mentioned that you have an attorney. You should discuss your situation in detail with your attorney, and/or find a new immigration attorney to discuss your situation. Best wishes.

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  • TPS & Advance Parole

    I consulted with an immigration attorney and was told that we should file for advanced parole only after TPS if approved. I am currently out of status. Is that the best strategy?

    Michael’s Answer

    If you are out of status, then it appears that you are probably not eligible for advance parole. In that situation, it appears that you would need to obtain some immigration benefit, such as TPS, before you would be able to apply for Advance Parole. It would be a good idea for you to consult with an immigration lawyer. Best wishes.

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  • I filed i130 for my husband in Yemen. The NVC approved his file. We sent his file to Djibouti

    Due to the war in Yemen. He is in Djibouti waiting for his name to be called. How long should he wait until he hears from the embassy of Djibouti to call him to his interview ? I need an attorney thank you team.

    Michael’s Answer

    It's difficult to determine how long he will need to wait in Djibouti. My understanding is that some Yemenis are considering traveling to Malaysia to attend an interview at the US Consulate there. Have you and your husband submitted documents to NVC yet? Documents such as Affidavit of Support, etc. Best wishes.

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  • Am I eligible for as part of F4 VISA application for Green Card under the CSPA act ?

    My mother's brother is a US citizen and he filed a F4 VISA Petition with my Mother as the principal applicant. Date of petition approval: 01/06/2003 (mm/dd/yyyy) My DOB : 06/20/1988 My age during petition approval : 15 years ...

    Michael’s Answer

    An important question is: When did your uncle file the I-130 petition? The answer to that question will help us to figure out whether you may qualify as a derivative.

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  • Counselar processing timeline

    My mother is an American citizen, she filed for me to get a green card. I was informed that my priority date is current via email by the NVC. How long would it take on average to get my immigrant visa from the us embassy in london ?, giv...

    Michael’s Answer

    If you and your mother respond promptly to NVC and consular instructions and requests, then you will probably have an interview within approximately 3-6 months. It's not too clear from your posting exactly what stage you are at in the process.

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  • Can I travel abroad while my green card extension is pending?

    I have a 2 year conditional green card. I will file for removal of conditions in 2016? Can I travel abroad while the application is pending?

    Michael’s Answer

    If you properly file your petition to remove conditions at the appropriate time, then you will receive a receipt from USCIS that will state that your permanent resident status is automatically extended for one year. You may travel with your passport, your 2-year green card, and this receipt.

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  • Would I-485 be denied because of my dismissed charge of shoplifting? How to increase the chance to pass interview?

    I was cited and charged by misdemeanor C(shoplifting 300$), but no arrest, no fingerprint. AND I plead no guilty in the court. The case was dismissed by the motion of prosecutor(dismissed with prejudice) after I finished the 56h community serv...

    Michael’s Answer

    If you were required to perform community service, then it appears that your court proceeding may be considered to be a "conviction" for purposes of immigration law. I'm not sure why you would need to perform community service if the charges were dismissed. I suggest that you consult directly with an immigration attorney, with certified copies of the court records, to determine how best to proceed with your immigration matter. Best wishes to you.

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  • Interview Letter (P4) - Document Status Code Definitions

    Interview letter states: FORM I-601A REQUEST FOR WAIVER OF UNLAWFUL PRESENCE "N" What does this "N" Code mean

    Michael’s Answer

    Did you apply for an I-601A waiver? If you did, was it granted? We need a bit more information to determine what is going on in your case. Best wishes.

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  • How long It takes for an asylee after getting the permanent residence, to become a citizen?

    As asylee, I have the right to ask for the permanent residence after a year in the USA, buthow long should I wait after that to apply for the citizenship?

    Michael’s Answer

    You may apply as early as 4 years and 9 months after the date on your Permanent Resident Card that indicates the date that you became a Permanent Resident.

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