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Questions Answered by Carlo Franco L. Borja
3 Answers | Asked in Immigration Law for California on
Q: Immigrate my girlfriend from Manila, Philippines, to Garden Grove, Ca? I know there are 4 or 5 important ones to start.

I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?

I know my... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 19, 2024

A fiancée petition should be filed using Form I-129F. The filing fee is $675. It could take about a year or so to get a decision after which your fiancée will need to schedule a K1 visa interview at the US embassy in Manila and pay a $265 fee and medical exam fee. Work with an immigration attorney

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3 Answers | Asked in Immigration Law for New York on
Q: My girlfriend is on a student visa that expires 6 months after graduation we plan to get married after college

How can we stay in the US together after we get married while we wait for her legal status and can she still stay after we get married even if her student visa expires

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 11, 2024

A foreign national (FN) in the US on a student visa who is married to a US citizen can be sponsored for an immigrant petition petition and may concurrently apply for adjustment of status. The aforementioned FN may stay in the US while waiting for the green card to be approved.

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3 Answers | Asked in Immigration Law for New York on
Q: What are the chances for getting married with tourist visa (B2) then AOS to GC?

1.If I (US citizen) marry my Ukrainian boyfriend, who entered the U.S. with a tourist visa (B2), what are the chances that our Adjustment of Status will be approved? We’re aware of the 90-Day Rule, so we will wait until after that to get married and file for AOS.

2.Is there any chance... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 20, 2024

There is a chance for his tourist (B2) status to be stamped for less than 6 months. A potential Trump administration could possibly slow down the process. The I-130 AOS route will allow him to work in the US sooner as compared to the K1 process. There is a good chance for his green card to be... View More

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2 Answers | Asked in Immigration Law for Ohio on
Q: N-400 was denied because i didn’t register to selective service when I come in America that I didn’t know about it
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jun 1, 2024

Apply for US citizenship when you are 31 yrs old or over. This is because the applicant's failure to register would be outside of the statutory 5-year period during which an applicant must show that he is of good moral character and disposed to the good order and happiness of the United States.

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3 Answers | Asked in Immigration Law for District of Columbia on
Q: immigration/marriage questions related to a permanent resident and over-stayed visa

I have immigration/marriage related questions. I'm a U.S. permanent resident and I obtained my green card via EB2. My boyfriend entered U.S. legally via H2B but over stayed more than 5 years. He's currently in U.S. He has never received deportation letter. I plan to seek U.S. citizenship... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on May 28, 2024

Marriage to a green card holder, by itself, will not provide any status protection for him before you become a US citizen but could be a basis for cancellation of removal if other requirements are met. The marriage will not have any negative impact on your future citizenship application. Consult in... View More

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2 Answers | Asked in Immigration Law on
Q: Good Day. I just want to ask a question about if I am married to a US Citizen and All of us are living in the Philippine

Good Day. I just want to ask a question about If I am married to a US Citizen, and All of us are living in the Philippines as of now. We All filed for a petition. what will happen? how long is the process? Thankyou

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Mar 18, 2024

The US citizen can file an immigrant petition for his spouse and children at the USCIS Elgin Lockbox; online using the USCIS website; or at the U.S. Embassy or Consulate in certain limited circumstances, as described in USCIS Policy Manual, Volume 6, Part B, Chapter 3.

Once the petition is...
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2 Answers | Asked in Immigration Law for Georgia on
Q: What should I write in special selective service question on citizenship application?

I came after 25th birthday in USA and didn’t register for special selective services and I left USA after I got green card and visited every 11 months for couple of weeks and started living continuously since last 5 years so what should I write yes or no in special selective services question in... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 4, 2024

If you lived in the US between ages 18-26 (other than a lawful nonimmigrant) you should have registered with the selective service system. If you didn't register, explain why you failed to register or apply for N-400 afer the age of 31. I suggest you get assistance from an immigration attorney.

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: Will I be eligible for derive citizenship my Grand mother filed for me in 2003 at age 16 she passed away 3 yrs ago?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 17, 2023

Children under the age of 18 automatically gain U.S. citizenship by law (derivative US citizenship)when the following 3 conditions are met:

* The child holds U.S. lawful permanent resident status, commonly referred to as being a “green card” holder.

* At least one of the...
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2 Answers | Asked in Immigration Law for New York on
Q: Can I travel whith my F2B visa while I am waiting for green card , and come back in U.S before expiration date ?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 12, 2024

F2B is an immigrant petition preference category, not a visa. A visa is needed to reenter the US after travel abroad

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3 Answers | Asked in Immigration Law for Rhode Island on
Q: How do I prevent my naturalized citizen daughter in law from being deported by Trump?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 11, 2024

Generally, a naturalized US citizen can no longer be deported

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2 Answers | Asked in Immigration Law for Connecticut on
Q: I’m a Brazilian citizen residing in the US with a green card. Do I need a visa on my Brazilian passport to travel to CA?

Traveling to Canada with my US citizen husband to visit his family.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 11, 2024

No. A green card holder doesn't need a visa to visit Canada

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3 Answers | Asked in Employment Law and Immigration Law for Ohio on
Q: My boyfriend in Ghana wants to migrate to USA for work.

What documentation and applications are needed, and what direction do we go to begin the entire process? He is open to work in any field but has skills in digital/graphic design.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 9, 2024

A US employer must file a petition to sponsor him for an employment based visa

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2 Answers | Asked in Immigration Law for Texas on
Q: Can I as a college student claim extreme hardship about being extremely financially dependent on my immigrant parents?

and they wouldn't be able to provide for me abroad.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 7, 2024

You can, but it will unlikely be considered a basis for extreme hardship to obtain an immigration benefit

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4 Answers | Asked in Family Law, Immigration Law and Civil Litigation for New Mexico on
Q: my girlfriend is pregnant and resides in USA with me but how do I go about her staying here

she has a b visa

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 30, 2024

If you are a US Citizen, you can marry her and she can concurrently file an adjustment of status with your immigrant petition so she can stay in the US.

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2 Answers | Asked in Immigration Law on
Q: Form I-30 application process has been delayed due to a backlog. I'm 30 years old and single. How can I expedite it?

form I-30 Petition for Alien Relative

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 29, 2024

Expedite request information: https://www.uscis.gov/forms/filing-guidance/expedite-requests

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2 Answers | Asked in Immigration Law for Illinois on
Q: I would like to do door dash with my visa status, i have i-485 processing with pending EAD, am i allowed to do the dash

I didn’t get my EAD yet but have approved I-140.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 28, 2024

Your EAD must be approved before you can do Door Dash

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2 Answers | Asked in Immigration Law for Virginia on
Q: E-2 visa

I have a small IT services company which provide web development services along with amazon FBA ecommerce, I want my sister to come USA on E-2 business visa however it require to invest in an existing company or business, Will she invest in my company and be my partner? and does this type of... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 24, 2024

Among other things, your sister must be a national of a treaty country and should end up being the majority owner or an essential employee to qualify for E2. I suggest you work with an immigration attorney.

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2 Answers | Asked in Immigration Law for California on
Q: My B2 Visa was denied citing reason as 214(b). Application was made with my son who is unmarried and unemployed.

I am applying again but not sure what is appropriate answer to below question - Have you ever been refused a U.S Visa, or been refused admission to the United States or withdrawn your application for?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 22, 2024

The answer to the question - Have you ever been refused a U.S Visa .... is "YES" if B2 visa application was previously denied

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2 Answers | Asked in Immigration Law for Missouri on
Q: Regarding Green Card Process, apply 485 with previous approved I-140?

I am currently on a H1B visa, and my priority date for the green card is April 2013 (EB2).I have three approved I-140s from previous employers.I was recently laid off and need to switch employers, but I have not yet filed the I-485 (Adjustment of Status).

My daughter is 19 years old and has... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 22, 2024

You can file your I-485 based on your previously approved I-140 if the job offer is still open and available to you. A Form I-485J must be submitted with your I-485. A new PERM and I-140 can also be filed with a request to retain the priority date from the previously approved I-140

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2 Answers | Asked in Immigration Law for New York on
Q: Can I refile I-907 without receiving receipt notice 797 for my I-140?

I have received the receipt number over the SMS but not the physical 797 receipt.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 18, 2024

I-907 can be filed without receiving the I-797 receipt notice for the I-140 as long as you have the receipt/case number

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