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Questions Answered by Carlo Franco L. Borja
2 Answers | Asked in Immigration Law for North Carolina on
Q: L1A to H1B: Status change & stamping concerns?

I am currently on an L1A visa with an approved I-140 under the EB1C category, with a priority date of March 2024. My L1A is valid until September 2026, and I am planning to apply for an H1B visa in 2025 because my L1A will max out in seven years. If my H1B is approved, do I need to change my status... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Mar 2, 2025

H1B is subject to a cap and a lottery so you need to be selected in order to change status to H1B. Any time spent in L1 status counts towards the 6-year limit in H1B status. If your H1B is selected and approved, you may or may not go for H1B stamping. If the H1B stamping is not approved, you may... View More

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3 Answers | Asked in Immigration Law for South Carolina on
Q: I am currently a J1 visa holder, subjected to the two year rule. Could you provide some information on how I can alter?

I am on a teaching program at the moment. However, after the years here I have grown accustomed to working with the school system.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 3, 2025

Generally, a J1 waiver is needed in order to change immigration status or be sponsored by your employer for a working visa without having to go through the 2 year home residency requirement. Work with an immigration attorney

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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 Jersey on
Q: Eligibility for migration under F3 category with current priority date.

My grandmother petitioned my father under the F3 category with a priority date of July 19, 2004. While I don't know the exact approval date of the petition, our case number is MNL2005*****. In April 2025, our priority date will be current for filing. I am 29 years old, my sister is 30, and my... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Mar 24, 2025

Overaged children of principal beneficiaries may qualify to accompany if eligible under the Child Status Protection Act. Work with an immigration attorney.

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2 Answers | Asked in Immigration Law for New York on
Q: Can I apply for a family-based green card as an unmarried daughter of an American citizen?

I am a Canadian citizen currently residing in the U.S. on an H-1B visa for the past 5.5 years. My employer is in the early stages of sponsoring my green card application. However, I am exploring if I can apply for a family-based green card as a first preference since I am the 28-year-old unmarried... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Mar 9, 2025

A US citizen parent can file an immigrant petition for a child over 21 but getting a green card through this route would take a very long time...over 10 years

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2 Answers | Asked in Immigration Law for Minnesota on
Q: Can my undocumented stepmother travel from California to Minnesota, and will her stay affect my background history?

I invited my stepmother to the USA, specifically to California. She is undocumented, although she has applied for a green card and has a receipt number. She originally entered on a visiting visa, which has since expired. She is planning to travel to Minnesota and stay for life. Can she travel by... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Mar 8, 2025

A person with a pending adjustment of status (ie. Green card) application is considered to be in a period of authorized stay by the attorney general

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3 Answers | Asked in Immigration Law for Texas on
Q: Can I apply for naturalization after 3 years on a 2-year green card with extension?

I am married to a US citizen and received my 2-year green card. I applied to remove the conditions when my green card was expiring and received a 4-year extension. It has been 1 year since my 2-year card expired, making it a total of 3 years since I received the 2-year green card. I continue to... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Mar 6, 2025

Yes, you may apply for naturalization after 3 years from receiving your 2-year green card since you have a timely filed removal of conditions application

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2 Answers | Asked in Immigration Law for New York on
Q: Can I use Employer 1's H1B visa for US travel after changing to Employer 2?

I originally had an approved H1B petition from Employer 1, valid until July 2026, which I used for visa stamping. After an internal project transfer, Employer 1 filed an amendment, resulting in a new petition, still valid till July 2026. In November 2023, I used the visa stamped from Employer... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Mar 1, 2025

The unexpired H1B visa obtained from Employer 1 may be used to enter the US to work for approved H1B employer 2

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2 Answers | Asked in Immigration Law for California on
Q: Guidance on qualifications and documents for R-1 visa after OPT completion.

I have completed my OPT in the United States and have a sponsor willing to support my application for an R-1 religious worker visa. I have not initiated the R-1 visa process yet. Could I get guidance on whether I meet the qualifications and what documents I will need to provide for the application?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 28, 2025

Among other things, proof that the R1 applicant has been a member of the religious denomination for at least 2 years immediately preceding the filing is needed. Work with an immigration attorney.

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2 Answers | Asked in Immigration Law for New York on
Q: Adding child to approved NVC immigrant visa application post-welcome letter

I am the petitioner for my sister's family-based immigrant visa application, which is currently approved by the National Visa Center (NVC). We have received the welcome letter and her interview is scheduled for next week. Can I add my sister's underage daughter to the already approved... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 26, 2025

The daughter under 21 of the principal beneficiary may be added as a derivative. Work with an immigration attorney

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2 Answers | Asked in Immigration Law for Texas on
Q: How to answer immigration proceedings question on Form I-130 for parents?

I am filling out the Form I-130, and my parents were in the United States for my dad's work but moved back to Nigeria in 2005. They were never involved in any immigration proceedings, nor did they have any visa issues while in the U.S. How should I answer the question: "Was the... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 19, 2025

The answer to "Was the beneficiary EVER in immigration proceedings?" on the form?" is NO

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2 Answers | Asked in Immigration Law and Public Benefits for Tennessee on
Q: Will husband's unemployment filing affect my green card conditions removal?

I received my green card through marriage and spousal sponsorship a few months ago, transitioning from an F1 visa. My husband, a recent college graduate, wishes to file for unemployment while he searches for a job. We have been married for 2 years, filed taxes jointly, and recently had our first... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 18, 2025

Your husband's filing for unemployment will not negatively impact your future application for the removal of conditions on your green card

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2 Answers | Asked in Immigration Law for California on
Q: Will a past firearms arrest impact green card petition?

A friend of mine is petitioning for her father to come to the U.S. She was born in the Philippines, came to the U.S. at 12, and is now 24. Her father was arrested a few years ago for possessing firearms, inherited from his deceased father, without a permit. He spent 2 days in jail before being... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 17, 2025

If the firearm-related offense constitutes a crime involving moral turpitude, which is one of the crimes of inadmissibility, the offense would render her father inadmissible. Schedule a private consultation with an immigration lawyer

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