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Questions Answered by Michael Hugh Carlin

2 Answers | Asked in Immigration Law for Michigan on

Q: Can we file the I-130 form after my wife's visa expires?

My wife and I got married February 15. Her J-1 visa expires March 5th. Is it ok if we file the I-130 form after her visa expires? Supposedly she gets a month after her visa expires, but we would like to know if we need to rush to get it done now (living a state away until her program ends in March.)

Michael Hugh Carlin answered on Feb 24, 2019

You may file the I-130 at any time. You don't need to wait for anything in particular. Because your spouse has a J-1 visa, she might be required to return to her country for 2 years. So, we would need to determine whether she is required to return home for two years, and if she is required to do... Read more »

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1 Answer | Asked in Immigration Law for Michigan on

Q: My husband has a ban, we have been married for 15 years and have 2 daughters, is there anything we can do?

He was given a 10 year ban

Michael Hugh Carlin answered on Jan 30, 2018

You need to provide more detail on what you mean by "ban."

1 Answer | Asked in Immigration Law for Michigan on

Q: How long does the deportation process usually take in the state of Michigan?

Said immigrant has a child in the foster care system and is fighting to get custody back.

Michael Hugh Carlin answered on Jan 18, 2018

The answer to the question depends on a number of different things. If the person is detained by Homeland Security (ICE), then the process many times takes weeks or months, although depending on circumstances, could take a year or longer. If the person is not detained, then proceedings in... Read more »

1 Answer | Asked in Divorce, Family Law and Immigration Law for Michigan on

Q: K1 visa, married, we have a child together and now he wants out

I came here on a k1 visa. My husband and I are together for 5 years, married for 2 years. We have a child together that recently turned one year old. We decided for me to be a stay at home mom while my husband works fulltime. We argue so much and things get ugly. We tried marriage counseling but my... Read more »

Michael Hugh Carlin answered on Sep 26, 2017

Did you ever apply for a green card? If you did, does your green card expire in 2 years, or in 10 years? I suggest that you consult directly with an experienced immigration attorney to go over the details of your case, and to plan a path forward. Best wishes to you!

1 Answer | Asked in Immigration Law for Michigan on

Q: My husband left before he was forcibly removed, on his own, 5 months after receiving removal order. What is his bar?

Michael Hugh Carlin answered on Sep 16, 2017

The answer to your question depends on a number of factors, including the reasons why US immigration officials gave him an order of removal, his prior immigration history, and his prior encounters with police, other law enforcement officers, and courts. I suggest that you consult directly with an... Read more »

1 Answer | Asked in Immigration Law for Michigan on

Q: my boyfriend has been here on a B2 almost 6 months..decided to get married..

my boyfriend has been here almost the full 6 months his exit date is the 16th of Sept.....we have decided to get married this weekend.......the paperwork required to change his status would be past the exit date.....is that a problem....

Michael Hugh Carlin answered on Sep 8, 2017

The answer to your question depends on some factors that we would need to discuss with you and your boyfriend. I suggest that you consult with an experienced immigration attorney to carefully review all of the details of your situation, and to determine the best path forward. Best wishes to you.

1 Answer | Asked in Immigration Law for Michigan on

Q: conditional marriage based green card

I am a US Citizen. I am currently working. My wife received her conditional marriage based green card few months ago. Due to her academic field, she is not able to find a job in MI but has opportunities to land jobs outside MI in other

states. Does USCIS require that during the two year... Read more »

Michael Hugh Carlin answered on Aug 18, 2017

Although USCIS generally expects that married persons should be living together, it is possible to get an I-751 Petition approved while living separately. The difference between approval and denial will depend on the quality of the petition and supporting documentation. I suggest that you work... Read more »

1 Answer | Asked in Immigration Law for Michigan on

Q: can i travel outside the united states and come back with a travel document without green card?

i have an Iraqi passport and Travel Document

can i travel outside the united states and come back again without a green card ?

Michael Hugh Carlin answered on Jul 16, 2017

In order to know for sure, we would need to know some more information. On what basis did you obtain the travel document? What is your purpose for traveling at this time? What countries are you visiting? I suggest that you consult with an experienced immigration attorney before you decide to... Read more »

2 Answers | Asked in Family Law and Immigration Law for Michigan on

Q: Trick problem: I have a J-1 restriction and also overstayed my Tourist visa this year after marry. What to do?

I went back to my country for 5 months after my J-1 expired but before I could complete the 2 years I had to back to USA (under a tourist visa) because my husband was with drug problems and depressed. I couldn't change my status after get married because of the J-1 restriction. Now I overstayed my... Read more »

Michael Hugh Carlin answered on Jun 25, 2017

We would need to review your immigration history completely to be able to give you an answer to your question. Part of the issue depends on the type of J-1 visa that you had, and the specific exchange program under which you obtained the J-1 visa. If it turns out that you are eligible for a... Read more »

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1 Answer | Asked in Immigration Law for Michigan on

Q: How long does it take for a marriage visa? What is the average price start to permanent resident.

Want to get married and move her and her 15 year old daughter here with me.

Michael Hugh Carlin answered on Jun 22, 2017

A realistic time frame is about 12 to 15 months. Regarding fees, it is not appropriate to quote fees on a public online forum. I suggest that you consult directly with one or more experienced immigration attorneys regarding fees. Best wishes!

1 Answer | Asked in Immigration Law for Michigan on

Q: How it will affect my green card interview if I have a government issued state ID, and I have been working without EAD?

Hi. I have recently applied for a green card based on marriage. Me and my husband have been together for 2 years, married for almost one. When I decided to stay in the US, cople people have told me thr you can go to Seattle and get a state ID. It is real and not like the fake ones. So I did. After... Read more »

Michael Hugh Carlin answered on May 21, 2017

The answer to your question depends on the status of your husband. If your husband is a U.S. citizen, then the fact that you have been working without authorization should not negatively affect your application for permanent resident status based on marriage to a U.S. citizen. On the other hand,... Read more »

2 Answers | Asked in Family Law and Immigration Law for Michigan on

Q: Can an Iraqi-born Norway resident visit Michigan to see his fiance, and can he get a fiance visa to reside in Michigan?

Can he stay in Michigan or does he and his fiancee have to go back and live in Norway? Please reply asap it's an urgent matter! Thank you.

Michael Hugh Carlin answered on May 14, 2017

Hello. Is the person a citizen of Norway? We would need more information to be able to answer your question. Please give us a call at our office at 734-369-3131, or email us at mike@mcarlinlaw.com. Thank you.

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1 Answer | Asked in Immigration Law for Michigan on

Q: can i use a visitors visa just to meet my fiance for the first time to get to know him and then apply for fiance visa?

I want to apply for a fiance visa for my fiance but the only issue is we have not met. I was wondering if we can use a visitors visa for the purpose of meeting in person and then after 90 days he goes back to his country and then we apply for fiance visa? and if so how much income will i need in... Read more »

Michael Hugh Carlin answered on Apr 23, 2017

Thanks for your message. Your friend may apply for a visitor visa if he wishes. In order to obtain the visa, he will need to convince the US official at the consulate, among other things, that he will return to his country after his visit to the U.S. Among the ways that your friend may try to... Read more »

1 Answer | Asked in Immigration Law for Michigan on

Q: I had my green card in 06/20/2012 and i want to apply for my Naturalization N400 based on the 5 years

I had my green card in 06/20/2012 and i want to apply for my Naturalization N400 based on the 5 years , My question while filling Part 7 of the N 400 Part C Total No of days out of the US = 946 days till 06/20/2017 therefore I cant submit my application on the 5 th anniversary 06/20/2017. if i wait... Read more »

Michael Hugh Carlin answered on Apr 14, 2017

Your question involves the calculation of days that you spent in the US, and days that you spent outside the US. For each day, you are either in the US, or you are outside the US. You mentioned that if you file in August 2017 you mentioned that the total number of days out of the US won't change,... Read more »

1 Answer | Asked in Immigration Law for Michigan on

Q: I came to US as a refugee.I got my asylum. But I have two misdemeanors.One high court misdeme.Am I gonna get deported?

Michael Hugh Carlin answered on Mar 1, 2017

Any noncitizen who has criminal convictions should consult with an experienced immigration attorney to see if there are immigration/deportation consequences. Best wishes.

1 Answer | Asked in Immigration Law for Michigan on

Q: Greencard Holder from my dad & I just got married citizen I been here more than 3 years can I apply for citizen now

I have my marriage license too

Michael Hugh Carlin answered on Feb 21, 2017

To meet the time requirements to apply for citizenship, you must either have been a permanent resident for 4 years and 9 months, OR, be a permanent resident who has been married to, and living with, a U.S. citizen for at least 2 years and 9 months. So, if I understand your question correctly,... Read more »

1 Answer | Asked in Immigration Law for Michigan on

Q: My boyfriend has been here 6yr he's on documented we have a 6 yr old together he has no criminal what can I do

We don't wanna brake up our family

Michael Hugh Carlin answered on Feb 20, 2017

We would need more information to know for sure. It appears that your boyfriend and you, working together, might be able to plan out a path that could lead to permanent resident (green card) status for him. But again, to know for certain, we would need to learn more information about your... Read more »

1 Answer | Asked in Immigration Law for Michigan on

Q: I was granted hyta in michigan on a crime i committed. Do i tell an immivration officer that ive been arrested?

I have already divulged that i have indded been arrested and provided the dismissal document to us immigration and the fbi document to canada. Could i say ive not been arrested when interviewing for visas to other countries. Also how does the afforementioned affect my ability to get a green card... Read more »

Michael Hugh Carlin answered on Jan 30, 2017

It is always best to consult directly with an immigration attorney who has experience in analyzing the immigration/deportation consequences of criminal matters. The interaction of criminal law with immigration law is complex. Regarding HYTA, again, an experienced attorney needs to review your... Read more »

1 Answer | Asked in Immigration Law for Michigan on

Q: Hi, I am a Canadian Citizen born in Pakistan with a US Green Card. Should I travel outside the country?

I was actually planning on visiting Canada this weekend and then traveling to Pakistan towards the end of Feb. Please let me know. Thank you very much. Also I have applied for Citizenship and I am currently waiting for the interview.

Michael Hugh Carlin answered on Jan 30, 2017

It is impossible to give you a guarantee that your return to the United States will be smooth. At this time, Pakistan is not on the "list" of countries whose citizens are receiving increased restrictions. But Pakistan could be added to the list in the future.

1 Answer | Asked in Immigration Law for Michigan on

Q: How can I help my family member get a green card?

Michael Hugh Carlin answered on Dec 14, 2016

The answer to your question requires much more information from you. I suggest that you consult directly with an experienced immigration attorney to learn more. Thank you.

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