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Michael Hugh Carlin

Michael Carlin’s Answers

3,297 total


  • Iam a US citizen and i want to apply GC for my brother who is visiting on a tourist visa. Can i apply 1-130 along w 1-485?Thx

    I

    Michael’s Answer

    You may file the I-130, but NOT the I-485. Unfortunately, for your brother to obtain permanent resident status based on you, he will need to wait a very long time, approximately 13 years or longer. During that time, your I-130 does NOT give your brother permission to remain in the US. Your brother may have other options regarding his situation. I suggest that you consult directly with an experienced immigration attorney. Best wishes.

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  • I'm applying for us citizenship. Does low scores and credit history impact citizenship process negatively?

    I didn't pay a medical bill due to miss communication between me and the insurance company. Later I found out that they sent for credit collection. My credit score went down from 750 to 600+. Now I'm planning to apply for citizenship. Does USCIS r...

    Michael’s Answer

    Your credit score should not affect your application for citizenship. Best wishes.

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  • What are my prospects of getting J1 Hardship Waiver?

    I'm on J1 visa. My wife is on J2 visa. My kid is an American Citizen. My kid is healthy and 1 year old. Currently I'm doing residency. We are from India. I want to know that what are my prospects of getting the hardship waiver and which lawyer sh...

    Michael’s Answer

    If you are in the US on a J visa as a physician, then a J hardship waiver will not be available to you. You may have another option available to avoid the requirement of returning to your home country for 2 years. You need to consult with an experienced immigration attorney about this situation. Best wishes.

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  • What happens when I marry someone with TPS ( I am a US Citizen)

    I want to get married to my boyfriend of 3 years. He is an immigrant from Haiti. He has lived here his whole life and has Temporary Protected Status. He has 3 siblings who were born in the States and have citizenship and his parents have their gre...

    Michael’s Answer

    If you reside in Michigan, then you are in the 6th Circuit. You are correct that certain persons in the 6th Circuit who have TPS and meet certain other eligibility requirements may apply for permanent resident status based on family, such as marriage. I suggest that you work with an experienced immigration attorney to avoid problems and to have the best chance of success.

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  • Hi, I got my greencard through marriage, can I go in to get my citizenship with only my tax paper I did one year?? Thank you.

    Its not working out with my husband and I, next year will be 3years after marriage. We didn't file tax togather because he owe a lot of money, I was wondering if I can go in for my citizen by myself or should I bring documents showing we or I fil...

    Michael’s Answer

    It appears that you should consult directly with an immigration attorney about your case. If you are filing for citizenship based on marriage, after you have a green card for 3 years, then you will need to provide documents to show that you and your husband are living together and doing joint financial transactions, such as tax returns, during the 3-year period. If you are not living together, then you will not be able to apply for citizenship based on the marriage, and you will need to wait until you have been a permanent resident for 5 years. Best wishes.

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  • How can i get my fiance who came to US on visitor visa(b1) a legal status to stay in the US?

    i got my asylum approved recently then i got engaged to girl who came recently to US on B1 visa. I am trying to get her a legal status to stay in the US until i get my green card. She is not in my case because i was single when i applied for asylu...

    Michael’s Answer

    You need to wait to file for her until after you become a permanent resident. Then, if you marry her, when you file for her as a permanent resident, she will need to wait an additional period of time, approximately 2 years, before she will be eligible to apply for permanent resident status. Your petition for her will not give her the right to remain in the US while she is waiting. She may have other options to try to remain in the US legally while waiting. It would be a very good idea to consult with an experienced immigration attorney about the case. Best wishes.

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  • Can I apply for my mom to get a greencard?

    I just became a US citizen. Can I apply for my parents to get greencards? My parents moved to the US about 9 years ago. They came on tourist visas and never left. I was 12 yrs old at the time. But now I'm a US citizen. Can I apply for my parents?

    Michael’s Answer

    Yes, but it would be important that you proceed with caution. I suggest that you work with an experienced immigration attorney. We are available by phone and email. Best wishes.

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  • Process time for a Canadian citizen to get green card.

    I am a Canadian citizen, born in pakistan. I am 24 years old unmarried, and wanted to know if my parents ( who have a green card) can sponsor me through I-130, and if so how many years do I have to wait before I can be granted one. Also do Canadia...

    Michael’s Answer

    If you remain unmarried, then your LPR parents may petition for you. You would be in the family-Based F2B category. You may consult the Visa Bulletin, published by the US Department of State each month, to keep track of processing times. You can get to the Visa Bulletin here: https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html . A rough estimate of your waiting time, from the time your parent files the petition until you are eligible to apply for permanent resident status, is approximately 6-7 years. You may have other options available to you. It would be best for you to consult directly with an experienced immigration attorney to explore the possibilities. You would likely be able to travel to the US as a Canadian citizen while you are waiting for your eligibility. Best wishes.

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  • Can I get asylum In USA or Canada or any other English speaking country? (Immigration)

    I strongly disagree with my governments politics and I am an atheist in a muslim country in which the penalty for apostasy is death and I am Bisexual in a country in which homosexuality is punishable by death. My life is indeed in danger.(I am cur...

    Michael’s Answer

    Asylum law is very complex. I strongly suggest that you consult directly with an immigration attorney who has experience in asylum cases. For your own safety, you might also want to consider being careful about statements you make on public websites, such as Avvo. We are available by email or phone. Best wishes.

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  • Can I drop J1 status and continue on TPS EAD status ?

    I am a Syrian physician who entered the state on J1 Visa , later I applied for TPS and got the approval and the EAD . What will happen if I want to drop the J1 and continue on TPS EAD ? What will happen to the 2 year home country residency ? Ho...

    Michael’s Answer

    As a J-1 physician, you still have the two-year home residence requirement. There are ways that you can safely avoid the two-year home residence requirement, or obtain a waiver of that requirement, but they require careful planning with an experienced immigration attorney. I suggest that you contact an immigration attorney to move forward with this situation. We are available by phone or email. Best wishes.

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