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Questions Answered by Carlo Franco L. Borja
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 Texas on
Q: Okay to travel while on F1 CPT and F2B petition?

F1 student on CPT. My dad is a permanent resident and has petitioned F2B for me (priority date Sep 22). Is it safe for me to travel while on CPT?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 3, 2023

Priority dates of F2B petitions take several years to become current. If there are ties and evidence to intent to return to home country after F1, it should be safe to travel

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2 Answers | Asked in Family Law and Immigration Law on
Q: Dear sir, I waited more than 15 years in F4 category to become current but they are removing only 2 months from my age.

İsn’t there anything wrong? İs there anything I can do? I was 13 years old and now finally our case become current but ım 28 and they are not including me in the case because of cspa. As a lawyer what do you think sir? İs this normal to delete only 2 months from someone waited for 15 years?... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 14, 2023

As previously explained, CSPA age would be the time the I-130 was pending minus your age at the time the visa became available. If the computation is under 21, you will be eligible as a derivative. Based on the dates you provided, you can only reduce 60 days from your age at the time the PD became... View More

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2 Answers | Asked in Immigration Law on
Q: why uscis is telling me that im not elligible for CSPA but the final decision will be on the interview date of my parent

Dear sir, my family applied for an f4 visa category 15 years ago and finally our priority date became current. I was 13 years old and now I'm 28. isn't cspa supposed to freeze my age at 13? they are not adding me in the case saying that because cspa can not apply to me.

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Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 11, 2023

CSPA age would be the time the I-130 was pending minus your age at the time the visa became available. If the computation is under 21, you will be eligible as a derivative. Based on the dates you provided, you can only reduce 60 days from your age at the time the PD became "current" on Jul 1, 2023

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2 Answers | Asked in Immigration Law and Business Law on
Q: Hi there,I am Naeem from Pakistan and running a IT company. Now I want to move in USA and how to register it in USA???

I want information to register in USA my company and want investment

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 3, 2023

You can incorporate or open an LLC with the Secretary of State. You get a business license in the city where you want to establish your business. You apply for an E2 visa to run the business investment. Contact an immigration attorney directly as this is a public forum.

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: My wife is on H4 visa. If she transfers to a J1 visa, will she become ineligible for the AOS to green card during I-485?

Hi,

I am an H1B holder and my wife is a H4 holder currently. My employer has started processing my green card application which is at the PWD step(filed in May this year). So if everything goes well, given the current timeline, the I-140 will be processed(with Premium Processing) by the end... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 19, 2023

1. Wife needs to get approved for a J1 waiver before she will be approved for I-485

2. Even if she switches to H4, she still needs to fulfill the 2 yr home residency requirement or get approved for a J1 waiver before she will be granted LPR status

3. You can sponsor your wife for a...
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2 Answers | Asked in Immigration Law for Georgia on
Q: We are in the process of getting a K1 fiancé visa. My fiancé is a German citizen and will move to the US in 2024 once on

We are in the process of getting a K1 fiancé visa. My fiancé is a German citizen and will move to the US in 2024 once the K1 Visa is approved. He currently work in Germany as a remote worker. My question is can he still work for his current company while living here in the US as a remote worker... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 28, 2023

He can apply for a work permit when he arrives in the US on K-1 visa. He can also apply for an EAD when he applies for AOS after you get married. I suggest you work with an immigration attorney to figure out the timing

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: What to expect when leaving the US after overstaying a visa?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 23, 2023

Overstaying for more than 180 days but less than one year would subject one to a 3 year bar from returning to the US. Overstaying for 1 year or more would subject one to a 10 year bar from returning to the US.

1 Answer | Asked in Immigration Law for Illinois on
Q: Does a J-2 visa holder have to abandon its study program at the start of the 30 days grace period?

If a J-1 visa falls of status due to shortening of the program, and its J-2 dependents are already enrolled in a public school (say kindergarten), would they still be allowed to attend during the 30 days grace period given to leave the country?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 22, 2023

J-2 dependents can no longer study during the 30-day grace period. They may remain in the U.S., but must exit before the grace period ends.

2 Answers | Asked in Immigration Law for Texas on
Q: I recently became a US citizen, can I apply green card for my mother, who arrived in the US on July 2023 with a B2 visa?

My mother (I am her biological daughter) arrived in the US on a B2 tourist visa for the second time on July 4th, 2023, and I am a US citizen. Can I apply for her Green Card before 90 days ( DO NOT FOLLOW 90 DAYS RULE, because my purpose is save time for the green card process) arriving in the U.S... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 22, 2023

You can file I-130 and she can apply for I-485. I suggest doing this after 90 days from arrival. Better to work woth an immigration attorney.

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2 Answers | Asked in Immigration Law for Florida on
Q: I’m F-1 student, can I work remotely outside the US during my OPT, for a US based company?

I checked the last guidance from USCI and ICE and it says work remotely in OPT is allowed but it doesn’t specify if it’s outside or inside the US

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 21, 2023

When you are outside the US, you technically don't need an OPT EAD to work for a US based company

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4 Answers | Asked in Immigration Law for California on
Q: What is the best course of action with Adjustment of status?

My fiancé and I plan on getting married soon but he is on a b-2 visa. Should he leave the country during the process or wait in the country till the process is complete.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 21, 2023

He may be able to wait and adjust status in the US. More facts are needed to assess the course of action. I suggest you work with an immigration attorney.

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1 Answer | Asked in Immigration Law for Maine on
Q: Extending a visitors visa

I have a friend who has a visitors visa to come meet up with me for a couple of weeks. Can they stay with me the entire 6 month on the visa if they choose to?

How hard is it to extend the visitors visa if they are staying with me?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 21, 2023

Yes, they can stay with you for the entire 6 months. The visitor status can be extended depending on the reason. I suggest you work with an attorney.

2 Answers | Asked in Immigration Law for Indiana on
Q: Would there be problems when it’s time to sponsor my fiancé, if he’s an illegal citizen in Italy?

I’m a U.S citizen and he’s a Ghanaian citizen and we will be getting married soon and I would like to sponsor him to the U.S

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 19, 2023

I don't think that this will be a problem. He will need to apply for his fiance visa in Ghana once your fiance petition is approved. I suggest you work with an immigration attorney.

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1 Answer | Asked in Immigration Law for Kentucky on
Q: Can we use the priority date of my first Perm? If so, in which stage should we try to use the old priority date?

Hi. So my employer messed up the first Perm that they filed for me(although it was approved already) no I140 filed after. In the current work experience part of Perm, they mistakenly put one of the branches of our hospitals where I was not working. It was in West Virginia. I am currently working in... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 12, 2023

They can use the PD of the first one if the I-140 was approved. Beneficiaries of approved I-140 petitions for the first, second and third categories may retain the priority dates of their approved petitions for any subsequently filed first, second and third category employment based petition.

2 Answers | Asked in Immigration Law for Oklahoma on
Q: If the USCIS officer doesn’t state your spouse’s 751 has been approved at the end of the interview is that a bad sign?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 1, 2023

Hard to tell. It depends on the bona fides of your relationship and what transpired during the interview

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2 Answers | Asked in Immigration Law for California on
Q: My priority date's current but new employer not filing PERM. What to do?

I joined my current employer in California on H1B in Sep 2023. In Oct 2023, my EB3 priority date got current. I'm India born on EB3 with Apr 2012 PD. My employer's not filing any PERMs since they laid off thousands of workers recently. Assuming my PD stays current for good, am I required... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 30, 2023

Assuming my PD stays current for good, am I required to file I485 before Oct 2024? NO

Can I get any renewal on H1B? YES

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3 Answers | Asked in Immigration Law for Colorado on
Q: I am looking for a lawyer that can help and assist in the review process of my and my fiancés K1 Visa.
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 27, 2023

Contact your preferred immigration attorney directly. Thank you.

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2 Answers | Asked in Domestic Violence and Immigration Law for Michigan on
Q: Immigration query - domestic violence case.

Five years ago, I went through a divorce from my husband, who was in the United States on a visitor's visa. This decision was prompted by a troubling history of domestic violence. At the time, I held an F1 visa, and he was my dependent. Our marriage had initially taken place in the U.S. After... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 26, 2023

Sorry to hear about your situation. Asylum in the US can only be pursued if you are able to demonstrate that you were persecuted or have a fear of persecution in your home country due to your Race, Religion, Nationality, Social group or Political opinion.

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3 Answers | Asked in Immigration Law for Georgia on
Q: Wife pregnant. What visa should my mother in law apply for to enter United states?

Wife, Nigerian conditional permanent resident. Applied to remove conditions. 3 year extension letter provided by uscis.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 25, 2023

Your mother in law may apply for a B2 visa to visit her pregnant daughter

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