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Questions Answered by Carlo Franco L. Borja
4 Answers | Asked in Divorce and Immigration Law for California on
Q: Need help . Need to divorce my wife of 2 years. No kids. She has provisional green card. I petitioned her to come to US.
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 17, 2024

Since you have been married for less than 5 years and have no children, you may qualify for summary dissolution.

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2 Answers | Asked in Immigration Law for Georgia on
Q: N-600 application

My mother got her citizenship through naturalization, and she got her citizenship when I was 15 years old and brought me here to the United States before I turned 18. and also she was not married to my father before and after I was born.

I am about to apply for N-600, but my mother... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 15, 2024

A lawful permanent resident (green card holder) child under the legal and physical custody of the parent who became a naturalized US citizen before the LPR child turned 18 may apply for derivative US citizenship by submitting a copy of the parent's naturalization certificate

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2 Answers | Asked in Tax Law and Immigration Law for Delaware on
Q: Pay stubs for Sep-Dec 23 have not been generated. I don't have W2. Will pending taxes be verified during H1B extension

I was unable to pay last year's taxes due to financial circumstances. Can I pay the past year's due taxes now, with penalties? Will this affect my H-1B status? I plan to apply for an H-1B extension next year. Do they verify taxes and W-2 during the H-1B extension process?

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

USCIS usually just verifies employment with H1B employer through recent pay stubs

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2 Answers | Asked in Immigration Law for Texas on
Q: F2B Visa stamped, yet to arrive in the USA; Need advice on my marriage

I received Immigration (GC) Visa stamping, as an unmarried child over 21 years, under F2B category. I am yet to arrive in the USA and will be there before Dec 2024. My Girl Friend is pestering me to marry her, before I leave for the USA. Is it OK to marry her now? I have been wondering whether... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 2, 2024

An F2B visa holder who marries before being admitted to the US will not be admitted. The F2B must enter the US first and then marry after getting the green card.

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2 Answers | Asked in Immigration Law for New York on
Q: What to do if we will not be able to submit RFE documents on/or before the USCIS deadline?

Hello guys, A few days ago, my mom just had her Naturalization interview and she passed the interview/English tests but she has RFE- a police clearance. The interviewing officer told her that FBI wasn’t able to obtain her fingerprints. I’m confused because she did her biometrics TWICE! We went... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 2, 2024

The decision will be based on the evidence on record if the RFE response is not submitted on time

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2 Answers | Asked in Immigration Law for Illinois on
Q: F1 to H4 Change of Status

I am currently on my F1 STEM OPT visa and planning to apply for H4 COS with a future start date.

After I get my H 4 approval can I travel outside the country and come back on F1 status before my H4 start date?

Since I will be entering back as an F1 student , Would it cause any... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 1, 2024

If you exit the US, the COS to H4 will be abandoned. If you enter back on F1 visa, your status will be F1 and will need to submit another COS to H4. What you can do if you exit is apply for an H4 visa stamp

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2 Answers | Asked in Immigration Law on
Q: I would like my new born baby to attend the same family immigration interview, I had the baby while waiting for the inte

I applied for a family immigration visa in November 2022, as my wife is a U.S. citizen, and my visa interview is scheduled for November 12, 2024. Since applying, we have had a newborn, who is now 3 months old, and we want to bring her with us. However, filing a new I-130 petition for her may take... View More

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

The child of a US citizen mother is a US citizen. Apply for Consular Registration of Birth Abroad (CRBA).

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2 Answers | Asked in Immigration Law on
Q: What US visa do I need as an independent contractor engaged by a US company?

Hi. I currently work as an independent contractor in Australia, and have just signed a contract with a US based company (paid in USD to an AU bank account whilst living and being based in Australia). They have asked me to come and consult with them in the US, and are looking at me coming to the US... View More

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

If working in the US in a specialty occupation, an E-3 visa is available to citizens of Australia

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2 Answers | Asked in Immigration Law for Florida on
Q: I’m currently applying for change of status. Does our joint sponsor have to live at different address

I’ve read that to combine income with a relative (i864a) they must be living at the same address but can’t find anywhere to say that if we use a relative as a joint sponsor (i864) they CAN live at same address. I just read that they don’t have to be living at the same address. Can we use i864... View More

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

There is no requirement that the joint sponsor live at a different address

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4 Answers | Asked in Divorce, Family Law and Immigration Law for Texas on
Q: I'm married, and I m working to settle in USA and get married with a woman an us citizen, can I do it without divorce 1

I have registered marriage in other country, and I don't want get divorce the first one.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 23, 2024

A marriage by a person without legal termination of a prior marriage will not be valid for immigration purposes

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2 Answers | Asked in Immigration Law for Texas on
Q: How can I keep my LLC as a former F-1 student and soon to be ESTA tourist and later getting a marriage based visa?

Hi, I am an F1 student who studied for 4 years in the US and did 1 year of OPT. During my OPT I opened my own LLC in marketing. I am going back to my home country now and returning as a tourist on ESTA. I have a US citizen partner who I am planning to marry when I get back so that we can live and... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 3, 2024

A foreign national who enters the US legally and applies for a green card later based on marriage to a US citizen will not be prevented from obtaining a green card for running his/her LLC without work authorization

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2 Answers | Asked in Immigration Law for Texas on
Q: I am on my h1b visa and have still pending I140 approval. Should my wife who want to do Post doc apply for h4 or j1 ?

my wife is doing phd in india and will be completing it along the time we get married. She want to do post doctorate in USA. Should we apply for h4 and then for j1 or h1b or directly try for post doc visa.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 1, 2024

It would be better for your wife to just apply for H4 as the J1 may subject her to the 2 year home residency requirement

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2 Answers | Asked in Immigration Law and International Law for Massachusetts on
Q: Filed I-130 for Sister. But while waiting, she had kids, who were never added to the Petition before it got Approved.

We are in the US, My Naturalized US Citizen wife filed I-130 petitions individually for her two Sisters to come to USA from the Philippines. It took 20 years, but they both just got Approved. But during the 20 years, one Sisters had children, and the other got married and had children. These... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 1, 2024

The spouse and children can be included in the immigrant visa application. Visa processing fee will be paid for every applicant. Contact directly and in private as this is a public forum. Salamat po.

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3 Answers | Asked in Immigration Law for New York on
Q: Hi, I am a US citizen 25 years old, I want to petition for only my brother and not my parents, brother age is 20 years.

I looked online and found some information saying that the sibling must be at least 21 years old if the petitioner wants to bring them to the US. Is that true?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 1, 2024

A US citizen can petition for a sibling regardless of age

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2 Answers | Asked in Immigration Law on
Q: My F2B visa was recently issued in July 2024. I recent got engaged and we would like to get married before I move to US

Is it advisable to wait until my green card has been issued before I get married? Even though I have collected my visa?

Or can I get married before I enter the United States as a permanent resident and get my green card.

I'm a 37yr old female. I waited 10. Years to get this... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Sep 1, 2024

You need to enter the US and get your green card first before getting married. After getting your green card, you can get married and sponsor your spouse. Work with an immigration attorney.

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2 Answers | Asked in Immigration Law for Texas on
Q: Will I be able to work for two companies full time while I am on F1-OPT, while one of them already filed my H1B?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 29, 2024

An F-1 with OPT who changes status to H-1B can only work for the H-1B petitioner/employer

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2 Answers | Asked in Immigration Law for Maryland on
Q: How can I extend my H1-B visa to a different employer? Or should the new employer apply me a new one?

My current h1-b visa expires on 2025 with my current employer. Is it possible to find a new employer to extend my H1-B visa status. I really want to have a new employer this time because I don't want to extend my visa status with my current employee. Or if I will be married to a US citizen,... View More

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

You may be sponsored by a new H1B employer. Generally, the maximum H1B stay is 6 years. If married to a US citizen, you may be able to adjust status in the US based on an I-130 even with an expired H1-B.

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3 Answers | Asked in Immigration Law for Massachusetts on
Q: I'm a citizen. I want to bring my 25 year old son to the US
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jun 17, 2024

A US citizen can file an immigrant petition for a 25 year old child but it would take around 20 years for the child to get the immigrant visa. Consider other routes

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2 Answers | Asked in Immigration Law for Texas on
Q: As a US citizen petitioning for mom, on form I-864 do I need to add as part of household my other US citizen siblings?

US citizen daughter petitioning mom.

Dad is Permanent resident.

Will add dad in the I-864 form to help with income since I don’t make enough. But do I also need to show that my household also includes three US citizen sisters ?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jun 15, 2024

You may add a sibling as a household member in the affidavit of support if the sibling has the same principal residence as yours

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3 Answers | Asked in Immigration Law for Connecticut on
Q: H1B to F1 Visa

After you have been terminated while on H1B visa and managed to get into a graduate program. Can you begin study while your petition of change of status is still pending? How long does it take for the petition to be approved?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jun 12, 2024

Studying while the COS to F1 application is pending is not allowed. The F1 app can be upgraded to premium processing to get a decision in 15 days

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