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Michael Hugh Carlin

Michael Carlin’s Answers

3,267 total


  • How long for visa k1 ?

    Im french citizen, 3 weeks ago i came in the Us with visa tourist but they sent me back to France because i have a fiance in Michigan .they thought we are gona get married but i just came to see him.. they told me im not gona be able to come with ...

    Michael’s Answer

    It's difficult to predict the timing with accuracy, but many K-1 visa applications, from the filing at the beginning until you would obtain the K-1 visa, take approximately 6 months. But the timing can differ with each individual case. Best wishes to you.

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  • Do I have to start recounting the 5 years from the date I returned after the 182 days absence?

    I am a green card holder and was recently out of the country for 182 days while studying abroad. I am wanting to apply for naturalization and I consulted an Immigration attorney who told me that the 182 days automatically broke the continuous resi...

    Michael’s Answer

    I would disagree with the statement from the attorney. The first question is whether that trip lasted "6 months or more." Depending on the months involved, it might be that your particular trip of 182 days was just slightly less than 6 months. Second, a trip of 6 months or more merely triggers a presumption that you have broken the continuous residence requirement. You may convince USCIS that you did NOT break the continuous residence requirement by showing ties to the United States during your trip. I suggest that you consult directly with an experienced immigration attorney who has knowledge of issues regarding naturalization. Best wishes.

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  • Is it legal in immigration at airport to send a pregnant woman back to her country without making a phone call or ask a doctor

    I'm a pregnant woman at my 29 week with B2 visa valid from us embassy the officers send me back to my country after 5 hours of investigations they searched every bag I have and my phone photos, massages , contacts and my Facebook account I was so ...

    Michael’s Answer

    Unfortunately, US immigration officials at the borders and airports have broad authority to decide whether to admit or deny entry to persons who are not US citizens. I'm sorry about the treatment that you received.

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  • Minors

    Can I sign the USCIS forms for my minor children ? They do not understand English and are under the ages of 11.

    Michael’s Answer

    Yes, you may sign for your minor children under age 11. Best wishes.

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  • Will our taxes affect removal of conditions? Will I be deported?

    I have been granted conditional permanent residency through marriage. I have not been able to file taxes because my husband files as single. How will this affect me when I file to remove the conditions? We have joint bank account, life policy an...

    Michael’s Answer

    It would be important to know why your husband is filing as single. You should be filing taxes jointly. You should communicate with a tax professional about filing taxes. It may be possible to file an amended return to switch from single to married filing jointly. Otherwise, you will need to be prepared to explain to immigration officials why your husband has filed single. Best wishes.

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  • US citizen wants to apply for children

    my mother recently got her citizenship. her children are older than 21 years old. how long does it take that they can come to USA and get their green card if my mother apply for them?

    Michael’s Answer

    The answer depends upon whether her children are single are married, and it also depends on the country of birth of the children. Generally, for sons and daughters of US citizens, the waiting time from when your mother files the petitions for them until they are eligible to apply for permanent resident status is approximately 8 to 22 years, depending on the factors I mentioned. That is only an estimate. It is not possible for anyone to predict with certainty how long they will need to wait.

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  • Can I apply I751 based on 2 points from the options which is 2 and 5 ?

    i have 2 years conditional green card ,that i have received based on marriage to a US citizen. but that marriage was terminated due to divorce. now I am trying to remove the conditions. based on 2- entered the marriage in good faith but the m...

    Michael’s Answer

    Yes, you may file the I-751 on multiple grounds. I strongly suggest that you work directly with an experienced immigration attorney on the case, to avoid mistakes and to have the best chance of success. Best wishes.

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  • Does an I-864 has to file for each individual?

    I'm sponsoring my wife and 2 kids do I need to file three separate I-864 for each person?

    Michael’s Answer

    If you are a US citizen, then yes, you need to file a separate I-864 for each person. On the other hand, if you are a permanent resident, then you file one I-864 for your spouse, and you include the 2 children on the I-864 for your spouse. It's best for you to work directly with an immigration attorney to avoid mistakes and have the best chance of success.

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  • How soon after becoming a US citizen can I sponsor my mom?

    If I get sworn in as a US citizen on Monday, can I apply for my mom's green card on Tuesday? I've heard there is a time-limit when green card is for marriage, but if it's for mother, is there the same time limit?

    Michael’s Answer

    I agree. If you are age 21 or older, you may file a petition for your mother on the same day that you become a U.S. citizen. Best wishes to you.

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  • Can I apply again for extreme hardship waiver? Are there some chances of getting approval or any case approved etc?

    My I 751 good faith waiver was denied recently due to my ex spouse statement and other investigation etc. I was granted conditional residency in Jan 2012. I already had my attorney with my earlier waiver

    Michael’s Answer

    You could have, and perhaps should have, submitted the original I-751 on at least two separate grounds - good faith marriage ending in divorce, and extreme hardship. If you only filed the I-751 on the good faith ground, you could consider filing a new I-751 and choosing both the good faith and hardship grounds, or perhaps only the hardship grounds. You really need to consult directly with an experienced immigration attorney, especially in light of the fact that you now already have a denial of the I-751. Best wishes.

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