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Michael Hugh Carlin

Michael Carlin’s Answers

3,265 total


  • Should my wife still has to file i-864 or her aunt should file i-864 form ?

    My wife is a permanent resident and going to file my adjustment of status (i-485) soon. She has worked only couple months and her income was too low at that time. So, she can't sponsor me for my application. I am in the United states and working f...

    Michael’s Answer

    Your wife must file an I-864, even if her income is zero. Your aunt may file an I-864 as well as a joint sponsor. The instructions for the I-864 explain the situation. If you are confused, then I strongly suggest that you hire an immigration attorney, to avoid mistakes and to have the best chance of success.

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  • Why is it too late?

    i have been waiting for I-130 visa interview since october 2015, and my priority date is 12/18/2014. but every time i call they keep saying me to wait, i have waited too much and i am so frustrated, please suggest if i should hire a lawyer to get...

    Michael’s Answer

    Are you outside the United States, waiting for an immigrant visa interview? Or is your I-130 petition still pending with USCIS? If you are outside the US, waiting for a visa interview, the wait time might be due to a backlog of cases at your particular consulate. I suggest that you consult directly with an immigration attorney about the details of your case, to see what we might be able to do to move your case forward. Best wishes.

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  • How can I trace back the times I've crossed the boarders? I contacted USCIS but I got no answer to my question.

    I live in upstate New York close to the Canadian boards and I've been to Canada several times in the past five years but I haven't kept track of the dates that I've crossed the borders to Canada. I'm getting ready to apply for the citizenship and ...

    Michael’s Answer

    When you cross the border, do you get any type of stamp in your passport? You could contact Canadian immigration officials to see if they have any records of your entries to Canada. You could contact U.S. Customs and Border Protection (CBP) to see if CBP has any records of your entries to the US. Please also note that the naturalization application requires you to list all trips of 24 hours or longer. Any trips of less than 24 hours do not need to be listed. Best wishes.

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  • Any other way to get the citizenship without continued stay in the US .. Please advise

    I'm a permanent resident since 1993 but live outside the US .. I applied for the citizenship in 2008 but I failed because I don't have much prove that I live there ... Now I can't stay in the US continuesly because I have my own work outside but I...

    Michael’s Answer

    There are some limited circumstances in which persons might be able to be approved for citizenship without meeting the standard physical presence requirements. Those circumstances are generally rare. It would be best for your to consult directly with an experienced immigration attorney regarding the specific circumstances of your own situation to see if you might qualify for one of those circumstances. Best wishes.

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  • How can i apply for a green card for my family and how it would take and we don't have a marriage prove .. Please advise me

    I'm a permanent resident since 1993 but live outside the US and i have two children's with my wife .. I took my decision to live and reside in the US .. My wife and children's have a tourist American visa .

    Michael’s Answer

    When were you in the United States most recently? Depending on how long you have been outside the United States, you might have some trouble maintaining your own permanent resident status. In order to apply for your spouse and children, you would need to show that you have domicile in the United States. If successful, the process would likely take approximately 1.5 to 2 years. I suggest that you work directly with an experienced immigration attorney to avoid mistakes and have the best chance of success.

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  • Can I submit i-485 without i-693 or should I wait and send all together?

    I am applying for adjustment of status, all my forms are ready to be submitted except the medical exam i- 693 can be received in a month. Can I submit i-485 without i-693 or should I wait and send all together?

    Michael’s Answer

    You may submit the I-485 without the I-693. At some point after you submit the I-485, you will receive a notice from USCIS indicating that you did not submit the I-693, and stating that you will need to submit the I-693 at a later date. So, you could choose to submit the I-485 now without the I-693, or to wait and submit everything together. Please keep in mind that the I-693 expires after one year, so you might wish to wait to get your medical exam completed, and submit it later. Best wishes.

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  • Month should i apply ? And do i need lawyer to apply for citizenship

    I applied for my 10 years green card in july 2015 and didn't receive it yet and supposed to apply for my citizenship in 14th of this month should i apply ? And do i need lawyer to apply for citizenship

    Michael’s Answer

    When you applied in July 2015, what did you apply for? Did you file an I-751 to switch from a two-year green card to a 10-year green card? If that is the case, then you could apply for citizenship if you wish, but you will not be approved for citizenship unless, and until, your I-751 is approved. I suggest you work directly with an experienced immigration attorney to have the best chance of success.

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  • My Stepfather went to Juarez for the interview and triggered the 10year bar. Is their anything he can do to appeal?

    My Stepdad and my mom went to Juarez and was denied any entry to USA, They told him he was banned for 10 years without pardon, because in 1998 he left to Mexico and tried to return but was caught. Yet, before heading to Juarez for the interview he...

    Michael’s Answer

    The answer to your question depends on whether your stepfather is subject to the non-waivable bar at Section 212a9C of the Immigration and Nationality Act. This is a question that will require a detailed analysis of all of the facts and history of your stepfather's case. I strongly suggest that you work directly with an experienced immigration attorney to see what, if anything, might be possible to help your stepfather. Best wishes.

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  • Is U Visa eligibility affected by the outcome of the criminal case?

    Is u visa eligibility affected by the outcome of the criminal case? For eg-, someone was a victim of domestic violence and abuse and the victim fought a legal battle too, supporting the police and the state attorneys by serving as a witness. But i...

    Michael’s Answer

    Yes, it is possible to obtain a U visa in this situation. One of the most important factors is if a police officer or a prosecutor who was involved in your case is willing to sign the forms that indicate that you were a victim of a qualifying crime and that you were ready to provide assistance to the police/prosecutors in the case. I suggest you work with an experienced attorney on the U visa application to have the best chance of success.

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  • Is my divorce recognized in Mexico?

    I was married in the us to a Mexican national. We were married in Texas. We then applied and received documents thru the Mexican Consulate to prove our marriage and satisfy the Mexican government. It was called an aposhenza? I think. We lived in M...

    Michael’s Answer

    It's not clear what is the reason for your question at this time. If your divorce is legally valid in the state of Massachusetts, then it probably would be recognized by the Mexican government. Avvo, however, is a site dedicated to legal issues involving US laws. I suggest that you contact the relevant Mexican government authority, and/or an attorney licensed to practice in Mexico, to get a definitive answer to your question. Best wishes.

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