Questions Answered by Michael Hugh Carlin

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

2 Answers | Asked in Immigration Law for Michigan on
Answered on Feb 24, 2019
Michael Hugh Carlin's answer
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 that, whether or not she might qualify for a waiver of that requirement.

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

1 Answer | Asked in Immigration Law for Michigan on
Answered on Jan 30, 2018
Michael Hugh Carlin's answer
You need to provide more detail on what you mean by "ban."

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

1 Answer | Asked in Immigration Law for Michigan on
Answered on Jan 18, 2018
Michael Hugh Carlin's answer
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 Immigration Court could take years, sometimes many years.

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

1 Answer | Asked in Divorce, Family Law and Immigration Law for Michigan on
Answered on Sep 26, 2017
Michael Hugh Carlin's answer
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!

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

1 Answer | Asked in Immigration Law for Michigan on
Answered on Sep 16, 2017
Michael Hugh Carlin's answer
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 experienced immigration attorney to go over the complete history, and see what might be achieved in the future. Best wishes.

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

1 Answer | Asked in Immigration Law for Michigan on
Answered on Sep 8, 2017
Michael Hugh Carlin's answer
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.

Q: conditional marriage based green card

1 Answer | Asked in Immigration Law for Michigan on
Answered on Aug 18, 2017
Michael Hugh Carlin's answer
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 with an experienced immigration attorney to avoid certain mistakes and to have the best chance of success. Best wishes to you.

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

1 Answer | Asked in Immigration Law for Michigan on
Answered on Jul 16, 2017
Michael Hugh Carlin's answer
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 travel. Best wishes.

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

2 Answers | Asked in Family Law and Immigration Law for Michigan on
Answered on Jun 25, 2017
Michael Hugh Carlin's answer
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 waiver of the 212e requirement that you return to your home country for 2 years, and if you are granted the J waiver, then, the next question is whether you have any other grounds of inadmissibility. If...

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

1 Answer | Asked in Immigration Law for Michigan on
Answered on Jun 22, 2017
Michael Hugh Carlin's answer
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!

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

1 Answer | Asked in Immigration Law for Michigan on
Answered on May 21, 2017
Michael Hugh Carlin's answer
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, if your husband is a permanent resident or some other status other than U.S. citizen, then your employment without authorization will be a problem. I suggest that you consult directly with an...

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

2 Answers | Asked in Family Law and Immigration Law for Michigan on
Answered on May 14, 2017
Michael Hugh Carlin's answer
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.

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?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Apr 23, 2017
Michael Hugh Carlin's answer
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 convince U.S. officials that he will return home are showing that he has family, employment, property, and assets in his country. U.S. immigration officials sometimes deny visitor visas for many...

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

1 Answer | Asked in Immigration Law for Michigan on
Answered on Apr 14, 2017
Michael Hugh Carlin's answer
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, but the total number of days in the US will increase from 857 to 930. This is confusing, because if the number of days in the US increases, then the number of days outside the US decreases. I...

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?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Mar 1, 2017
Michael Hugh Carlin's answer
Any noncitizen who has criminal convictions should consult with an experienced immigration attorney to see if there are immigration/deportation consequences. Best wishes.

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

1 Answer | Asked in Immigration Law for Michigan on
Answered on Feb 21, 2017
Michael Hugh Carlin's answer
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, you have been a permanent resident for 3 years, but you got married recently (less than 2 years and 9 months ago). So, it sounds like you need to wait some more time, until either (a) you have been a...

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

1 Answer | Asked in Immigration Law for Michigan on
Answered on Feb 20, 2017
Michael Hugh Carlin's answer
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 boyfriend. I suggest that you consult with an experienced immigration attorney to discuss your boyfriend's complete history, and see what options might be available to keep you all together. Best wishes.

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

1 Answer | Asked in Immigration Law for Michigan on
Answered on Jan 30, 2017
Michael Hugh Carlin's answer
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 court records - that is absolutely crucial - but usually a case that was resolved through HYTA will count as a "conviction" for purposes of immigration law. If you have been arrested, then you certain...

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

1 Answer | Asked in Immigration Law for Michigan on
Answered on Jan 30, 2017
Michael Hugh Carlin's answer
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.

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

1 Answer | Asked in Immigration Law for Michigan on
Answered on Dec 14, 2016
Michael Hugh Carlin's answer
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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