Michele Nina Carney's Answers

Michele Nina Carney
Seattle Immigration Attorney.
Contributor Level 7

1

Attorney answers:

  1. Michele Nina Carney

Immigration law, refugee travel document I-571, adjustment application USCIS, advanced parole I-512L

Asked by a user in Seattle, WA - over 3 years ago.

You should use the advance parole document from your adjustment of status application. This is the correct document because your adjustment of status application is currently pending. Make sure that your passport is also valid for 6 months beyond the travel date.

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1

Attorney answers:

  1. Michele Nina Carney

Canadian immigration after one DUI

Asked by a user in Seattle, WA - over 3 years ago.

I would suggest obtaining a consultation with a well qualified Canadian immigration attorney. Your question relates to an issue of Canadian law.

1 person marked this answer as helpful

1

Attorney answers:

  1. Michele Nina Carney

Change of status from H1B to H4

Asked by a user in Bellevue, WA - over 3 years ago.

You may switch back from H-4 to H-1B. There are two items that you need to be aware of. First, make sure that you have time left under H-1B status. You are allowed up to 6 years in H-1B status (with 7th year and beyond allowed after 365 days post PERM filing). Your time in H-4 status does not count towards the 6 year time period. So, first you must make sure that you have time left under H-1B status. The second item is that only current H-1B workers can change from one cap-subject...

2

Attorney answers:

  1. Eric M. Mark
  2. Michele Nina Carney

Do I have to provide this info to my wife?

Asked by a user in Matawan, NJ - about 1 year ago.

If you are getting a divorce, I do not believe there is a duty to turn over your social security card, paystubs, your I-797 and paystubs to her attorney. If you are providing financial support for your wife pending the divorce or as part of a settlement, than she can use the records from the court pursuant to the divorce.

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Attorney answers:

  1. Michele Nina Carney

American citizen married canadian waiting immigration.

Asked by a user in Sioux Falls, SD - over 3 years ago.

I want to make sure that I fully understand your question. I am assuming that you are a USC who has filed a petition for your pregnant wife (Canadian) and have been waiting 9 months. There are a couple of ways for a USC to bring his spouse to the U.S. The first way is to file an I-130 petition (Immigrant Petition), get an approval and then be processed through the Consulate (for Canadians, it would be through the Montreal Consulate). This process can be time consuming. The second way...

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2

Attorney answers:

  1. Michele Nina Carney
  2. Philip Alan Eichorn

Can my US citizen spouse withdraw the I-130 after me getting conditional residency?

Asked by a user in Raleigh, NC - over 3 years ago.

Your question states that you married for love, but are not currently getting along and will most likely get divorced before the end of the year. You were granted your conditional resident card by the Department of Homeland Security (DHS). This card has a two year expiration. You must file Form I-751 for your permanet resident card in the 90 day window before the expiration of the two years. The DHS cannot force people to stay married. Marriages fall apart for all sorts of reasons,...

1 person marked this answer as helpful

2

Attorney answers:

  1. Michele Nina Carney
  2. Scott D. Pollock

I posted my Immigration and was released from ICE custody, 1 day later my bond was reduced by the judge, is it illegal for ICE

Asked by a user in Oklahoma City, OK - about 1 year ago.

You posted your bond before the Immigration Judge issued h/her decision. Therefore, it is not illegal for ICE to hold your bond money until your case is complete.