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Michael Hugh Carlin

Michael Carlin’s Answers

3,268 total


  • Can I request Expedite AP once my I-485,I-131 was received and I got notices about that via email?

    My I-485,I-131 was just received by USCIS and I need to travel as soon as possible overseas for possible financial losses. I'm welling to call USCIS tomorrow to request Expedite AP. But I'm not sure if my case is considered pending. Since AP is in...

    Michael’s Answer

    I suggest that as soon as you get the receipt for your advance parole, make an InfoPass appointment to your local USCIS office. Show your I-131 and I-485 receipts, and bring documents to show your reasons for needing to travel immediately (financial loss information). Perhaps the local office will issue an advance parole document to you. Best wishes.

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  • Can I enter the US on a B1/B2 visa for a few days, leave the country, and re-enter on my new J1?

    I have a valid B1/B2 visa and I recently got approved for a J1 (with accompanying DS2019 form). The DS2019 starts in July 1st and I understand I can get in the US up to 30 days prior. However, I would like to visit a friend in the US just for a fe...

    Michael’s Answer

    Both the visitor visa and the J visa are nonimmigrant visas. So long as you are truthful regarding any questions from US immigration officials, and so long as you convince the officials that you intend to be in the US for just 5 days, you should be OK. You need to know, however, that US immigration officials at points of entry have broad authority to deny entry for any number of reasons, including if they suspect that you intend to enter the US for a purpose that is not permitted by the type of visa you are using.

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  • Does he have a chance?

    This is my fiances third attempt to get his k1 visa. The first time they gave him a one year ban and told him to come back in a year to retest for his medical because it expired and he admitted to past use of marijuana. The second time he was deni...

    Michael’s Answer

    I strongly suggest that you work directly with an experienced immigration attorney. The facts that you state appear to lead to a difficult time with obtaining an approval for a visa. A thorough review of all facts and history is what you really need. Best wishes.

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  • Processing time for Green Card/EAD for someone in F1 OPT status married to US citizen??

    I am currently in my F1 OPT status which is about to expire in like two months. My girlfriend is a US citizen and I am planning to adjust my status by getting married and file for Green Card/EAD. She is schooling in Texas and I'm working in Michig...

    Michael’s Answer

    If you marry your U.S. citizen girlfriend, then you would be eligible to apply for adjustment of status, as well as an EAD. Typically, USCIS issues the EAD within approximately 90 days of receiving a proper application. Based on your questions, I think that you would be well advised to work directly with an experienced immigration attorney. Best wishes to you.

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  • How can i correct this? What will be the impact caused by my mistake? Can i use the correct date on the DS-260 and move forward?

    Hi, I started filling out the DS-260 for my mother's visa and I realized that the DOB I used for the petition is incorrect 4/10 instead of 12/31 the year of birth is correct. What is in her passport does not match what is on the application. ...

    Michael’s Answer

    I suggest that you work directly with an experienced immigration attorney to go over exactly what you had listed in the I-130 Petition, and then decide how best to move forward. Did your mother already submit the DS-260?

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  • If my daughter turn 21 can she still immigrate with me to the USA?

    Hello my paper in the NVC I'm (f3) Married Sons and Daughters of U.S. Citizens i'm paid the IV and working on my civil document to send them at the end of this month to the NVC i have four kids one of them will turn 21 years old in 31 of August .

    Michael’s Answer

    The answer to your question involves some information that you have not provided in your question. The Child Status Protection Act may allow for your daughter to immigrate with you, even if she turns 21. In order to figure this out, you need to consult directly with an immigration attorney experienced with the Child Status Protection Act. Best wishes.

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  • Can I cancel my green card application (based on marriage) and apply to it through asylum if I am still an asylee?

    I was granted asylum in the U.S. for over than 2 years now. I got married a year ago and applied to green card based on marriage. Now we are waiting for the interview. My marriage is not going very well, I think mostly because my wife is banking o...

    Michael’s Answer

    If you were granted asylum at least one year ago, it appears that you are eligible to apply for permanent resident status based on the grant of asylum. I agree with Mr. Segal - why didn't you apply for permanent residence based on asylum?

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  • What is the procedure for obtaining Indian citizenship for the child?

    We are Indians. My husband is on f1 visa and I am on f2 status. We are planning to have our child in US. So will that affect our child's citizenship in India. What are the procedures to be taken care in US

    Michael’s Answer

    Your question is something that may only be answered competently by either an Indian government official, or by an attorney licensed in India. It appears that India might not recognize the concept of dual citizenship. Persons born in India who become US citizens lose their Indian citizenship. If your child is born in the US, your child will be a US citizen. You need to check with Indian officials or with an attorney licensed in India to determine what the child's status in India would be.

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  • How can I immigrate to the USA with my family ?

    Im a 38 year old Pakistani national with a 6 member family. I am an employed investment professional with one of the largest local brokerage firms. I would like advice on potential ways of immigrating to the US. My net worth is USD 500k. Is the...

    Michael’s Answer

    It appears that you are interested in an EB-5 investor visa. I suggest that you consult directly with an immigration attorney who has a lot of experience and a proven track record of success with this type of visa. Best wishes.

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  • What can I do from a legal stand point to forfeit the legal validity of the I20?

    My school issued an I20 with wrong numbers on personal funds,living cost(I still live rent free through one of my jobs)family funds &cost of attendance.DSO and Dean still refuse to fix the errors on the I20.That I20 was issued the same day my adju...

    Michael’s Answer

    If you are now a permanent resident, then you are no longer in F-1 student status. You should discuss this with your school.

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