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Michael Hugh Carlin

Michael Carlin’s Answers

3,296 total


  • How do you go about the process of obtaining a green card after being married to a US citizen and how long dies the process take

    I am planning to get married to an illegal immigrant who entered the U.S. Legally with a work visa but it expired a few months ago. I am also in the military if that helps. Also will i be able to enroll me spouse in DEERS is she does have legal st...

    Michael’s Answer

    Are you a U.S. citizen? If your partner entered lawfully, then your partner might be eligible to obtain permanent resident status after marrying you. In many cases the process takes approximately 6 months. Because your in the US military, the process might be accelerated. As for enrollment in DEERS, that is not specifically an immigration question. I suggest that you communicate with the DEERS office about that. Best wishes to you.

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  • Using the intending immigrant's income for I-864

    I came here as F-1 student. Then my parents fled from our country and came to US because of situation in our country. We then applied for asylum. Our asylum case is still pending. Our I-765 got approved and we got working permit. I met my fiance ...

    Michael’s Answer

    The instructions to the I-864 describe the situations in which the intending immigrant's income may be included. I suggest that you read those instructions very carefully. If you are not sure, then you should consult directly with an immigration attorney about the issue. Best wishes.

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  • I-512 advance parole

    Hi... My mother have a granted asylum.. She applied for green card but she didn't receive it yet... So she applied for i-512 AP. She want to leave US to visit her sick brother in home country for less than a month... Is there if she used her AP t...

    Michael’s Answer

    If your mother is considering visiting the country from which she fled, the country whose persecution of her led US immigration officials to grant her asylum, then she should reconsider that decision to visit the country. It is possible that US immigration officials might decide to revoke her asylum status, on the basis that, if she feels safe enough to visit the country, she might not qualify for asylum status any longer. I suggest that you consult directly with an immigration attorney near you about this. Best wishes.

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  • If/When my green card gets rejected when my I-20 had expired, will i get in trouble?

    I'm done with school, so not taking any more classes from this fall (which means my I-20 will expire soon). My I-485 is pending, and I was wondering if I'll be in trouble if my green card gets rejected. If my green card gets rejected, would I imme...

    Michael’s Answer

    If your pending I-485 application is denied, then you might have an option to have an immigration judge review the denial in Immigration Court. You might also have an option of filing a motion to reconsider or reopen your I-485. It all depends on the specific nature of your I-485, and the reasons for the denial, if it ends up being denied. I suggest that you work directly with an experienced immigration attorney to review the case and the options. Best wishes.

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  • F1 student seeking asylumn

    hi i came as an f1 student here in 2014 and i had some issues in my home country about life threatening i was observing from some time if it could get fixed but 6 months ago i visited my home country and i had those issues again i was about to get...

    Michael’s Answer

    Asylum is a very complex area of law. I suggest that you work directly and closely with an immigration attorney experienced in asylum. Regarding your own situation, depending on all of the particular details of your case, your country, and many other factors, you might, or might not, be a good candidate to apply for asylum. If you maintain your student status continuously in the United States (i.e. you continue going to school with a valid I-20), then even if your asylum application is denied, then you would continue to have your student status. Most asylum cases at this time are taking several years to be decided. Again, I suggest that you consult with an experienced immigration attorney. We are available by phone and email.

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  • Can he submit I-485 without a copy of petitioner's approval notice? Or should we request FIOA for USCIS? Please help. Thanks.

    Hi, my fiance came with K1 visa, He is going to apply for Adjustment of Status. But we haven't got a copy of petitioner's (my) approval notice. The person who handled this out of country, nowhere to find.

    Michael’s Answer

    You could submit a FOIA request. Or, if you know the receipt number, you could obtain an online status result from USCIS online to show that the petition has been approved. Finally, the K-1 visa with entry stamp will be additional proof that the original petition was approved. Best wishes to you.

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  • How many passport photos do I have to submit, when filing I-495, I-131 and I-765 at the same time for green card application?

    I am going to file I-495 together with I131 and I765 in order to adjust my status to permanent resident. How many passport photos in total need to be submitted to USCIS?

    Michael’s Answer

    I suggest that you submit two for each application, for a total of 6. Best wishes.

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  • Can I apply for an EAD or ID and driver license ?

    First of all, I'm a father of 3 kids one of them is american citizen and since almost three years without any ID or my passport because I have a case of removal pending until November 2019 but I have a paper from the court with my Alien number a...

    Michael’s Answer

    Do you have an attorney representing you in Immigration Court? Depending on what is going on with your case in Immigration Court, you might be eligible to apply for an employment authorization card. If you applied for a benefit called cancellation of removal, then you would be eligible to apply for an EAD. If you applied for asylum, then depending on the status of your "asylum clock," then you might be eligible for an EAD. I suggest that you consult with an experienced immigration attorney. We are available by phone or email. Best wishes.

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  • My mother applied for me as F3 married daughter of US citizen. I am living in Qatar . Is this will help my case?

    WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced a final rule expanding the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs), and...

    Michael’s Answer

    The final rule you cite is a change that helps certain persons who have certain grounds of inadmissibility. You stated that you are in Qatar. Because you are outside the United States, you are not eligible for this particular waiver of inadmissibility. In addition, you might not have any grounds of inadmissibility. I suggest that you consult directly with an experienced immigration attorney for more details. We are available by phone or email. Best wishes to you.

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  • Can I apply for a passport if my resident alien card expired over 40 years ago?

    I came to the US from Ireland in 1972 and had a resident alien card. It expired 40 years ago. I have a SSN card, can I apply for a passport without a renewed alien card?

    Michael’s Answer

    A passport of which country? If you are a citizen of Ireland, then you should contact your nearest Irish consulate. Based on your posting, it appears that you are not a citizen of the United States, and so you would not qualify to receive a U.S. passport. I suggest that you consult with an immigration attorney about your situation. Best wishes.

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