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Michael Hugh Carlin

Michael Carlin’s Answers

3,267 total


  • My green card

    I received my green card in Jan/29/2011. Valid until for 2 years. Now i have for 10 years. Can i Apply for citizenship?

    Michael’s Answer

    One of the requirements for an application for citizenship is that you have been a permanent resident for at least 4 years and 9 months. If you became a permanent resident on January 29, 2011, then you meet this requirement at this time. There are other requirements for citizenship as well. I suggest that you consult directly with an experienced immigration attorney. Best wishes.

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  • I got Green Card through marriage which was Conditional Resident Card in. I file I-751 in, Now I have IR1 which is for ten years

    I got Green Card through marriage which was Conditional Resident Card in year of 2011. I file I-751 in year 2012, Now I have IR1 which is for ten years. My question is Can i apply for Citizenship? I am stilll married and he is going to file divorce?

    Michael’s Answer

    One of the requirements for an application for citizenship is that you have been a permanent resident for at least 4 years and 9 months (or, if you have been married to, and living with, a US citizen spouse, then the time requirement is 2 years and 9 months). Because it appears that your marriage might be having problems, it might be best to file on your own, and not on the basis of marriage. In that case, you must be a permanent resident for 4 years and 9 months. So, depending on the date you became a permanent resident in 2011, you might be eligible to apply now for citizenship, or you might need to wait until later in 2016. Best wishes.

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  • What are the most likely consequences of my case? How much will this problem affect my immigration status (OPT and H1B)?

    I am a recent graduated international student on F-1 visa. Last Wednesday at DTW, the security check found a brass knuckles in my carry-on baggage and took me to the policy. The policy officer charged me a Misdemeanor. He gave me a court citatio...

    Michael’s Answer

    You should consult with a criminal defense attorney, AND with an experienced immigration attorney, as soon as possible, to determine exactly what the charges are, and what are the possible consequences for your immigration status. Best wishes.

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  • I would like to withdraw my entire case as well as support for my husband, how do I do so?

    My immigrating husband and I are divorcing, we have not had an interview yet. I would like to withdraw the entire case and I485. He's cheated, made children, and breaking minor laws. I want out! Help!!

    Michael’s Answer

    You could withdraw from the case by writing a letter to USCIS, indicating that you wish to withdraw your I-130 Petition. You could send it to the local USCIS office nearest you (apparently Detroit), and you could also send a copy of the letter to the USCIS office listed on the I-130 receipt notice. Best wishes.

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  • Form I-751 to remove conditions to permanent resident- Part 5

    We do not have any kids but my husband (US Citizen) has a child from a previous marriage and the child does not live with us. Do we need to mention his child's name in part 5 of the form?

    Michael’s Answer

    The instructions on the I-751 should be clear. If you have questions or concerns, you should consult directly with an experienced immigration attorney near you. Best wishes.

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  • Where to apply .

    Am asylum seeker ,currently I live in Bute MS where can I apply for my case and how long it take for interview

    Michael’s Answer

    In order to apply for asylum, you need to prepare and submit an application on a form called I-589. The directions will indicate the address to mail the application. Asylum law is very complex. I strongly suggest that you work with an experienced immigration attorney to have the best chance of success.

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  • Suspended?

    I checked my case status on the USCIS website, it says that it is "suspended" because they sent a request for evidence? What does that mean? Does suspended means my case is still pending or is it not pending anymore?

    Michael’s Answer

    It's not clear, but it probably means that the case is being put on hold while USCIS waits for you or your attorney to respond to the Request For Evidence. I suggest that you consult directly with an experienced immigration attorney to address the issue. Best wishes.

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  • Should my wife and daughter apply for an extension of a B2 visa or not?

    My wife (fiance in that time) and daughter came to the USA with a B2 visa 5 months ago, I got married with my wife here in the USA and filled an I-130 form for them, The file is California in Process. Their B2 visa is closed to expired. They apply...

    Michael’s Answer

    Based on your posting, it appears that you are a permanent resident. Is that correct? If the priority date for your wife and daughter is not current, then they need to either have their visitor time extended, or they need to depart the United States prior to or on the date that their authorization to remain in the United States expires. I suggest that you consult with an experienced immigration attorney for more details, and to avoid issues that could cause significant problems in the future. Best wishes.

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  • Will I be banned from reentry to USA

    I have J1 VISA with 2 years home residency requirements.I have asylum pending for 6 months and no interview yet, just fingerprints. my J1 VISA will expire on next August. If I withdraw my asylum case now and leave USA before my visa will expire, w...

    Michael’s Answer

    If you withdraw your asylum case and leave the United States on or before the expiration of your authorized time on the J-1 visa, then your time in the United States should not be a reason for a denial of a visa application in the future. US immigration officials might have other reasons to deny a future visa application. I suggest that you consult with an experienced immigration attorney for more details. Best wishes.

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  • 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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