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Questions Answered by Carlo Franco L. Borja
3 Answers | Asked in Immigration Law for District of Columbia on
Q: Can I get U.S. residency by marrying a green card holder?

I am a British citizen currently in the U.S. on a B1/B2 visa, and I've been here for about 2 months. I would like to know if marrying my girlfriend, who is a Yemeni citizen with a green card, will grant me the ability to obtain U.S. residency. I haven't yet consulted with an immigration... View More

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

Marriage to a green card holder will provide an avenue for getting a green card. Once the green card holder becomes a US citizen the foreign national spouse may apply for a green card

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3 Answers | Asked in Immigration Law for Washington on
Q: can I still get citizenship through marriage if my past employer never asked for an i-9 but paid social security?

I had worked there for 2 months, i just checked my paycheck and noticed social security withholdings and federal tax withholdings. I needed the money to survive since its not free for me to live here

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 13, 2025

You may get a green card and eventually, US citizenship through marriage to a US citizen even if your past employer never asked for an i-9 but paid social security

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2 Answers | Asked in Immigration Law for California on
Q: Can I apply for US citizenship sooner than January 9, 2027, because my husband has just become a US citizen?

I am writing to seek your guidance regarding my eligibility to apply for US citizenship.

I received my green card on April 9, 2022, which makes me eligible to apply for US citizenship (Form N-400) after January 9, 2027.

My husband has just become a US citizen last week. Given this... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 11, 2025

You can apply 5 years from getting your green card or 3 years from the time your husband became a US citizen, whichever is shorter

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3 Answers | Asked in Immigration Law for New York on
Q: Question regarding spouse sponsorship

If I have a 300k debt from a civil judgment and my income is 40k a year. Can I sponsor my spouse if I have a joint affidavit of support. My joint sponsor income is 60k a year?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 31, 2025

You may qualify to sponsor your spouse with a joint sponsor who has income of 60k a year

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2 Answers | Asked in Immigration Law for Alaska on
Q: If a job I am being hired for has an Associates or Bachelors degree requirement can I be sponsored for H1b?

I am a CT Technologist and I have a Bachelors degree in my field of study. My employers lawyers say I may not be eligible because the hospital has hired others in my same position and they only have an Associates degree.

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

The job must normally require/must be the industry standard to require a bachelor's degree to qualify for H1B. If the employer hired employees who didn't have a bachelor's degree then it would be difficult to establish eligibility

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3 Answers | Asked in Immigration Law for Florida on
Q: Can I extend my stay in US with an expires visa while my i-94 is valid? I entered with a valid visa

If so, docI need to fill out a form/make a request of any kind?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 21, 2025

Yes, you can request to extend your stay in the US with an expired visa if your I-94 is valid

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2 Answers | Asked in Immigration Law for Delaware on
Q: On October 7th 2024, my dad filed form I-130 for grandma but authorized stay expires 1/6 on I-94. No I-485, what now?

Is my grandma safe since my dad filed a I-130 and is an I-485 necessary? Her I-94 record says that the expiration date of authorized stay is 01/06/2025

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 13, 2025

Grandma can file an I-485 based on the pending I-130 filed by her son even if her I-94 expires

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3 Answers | Asked in Immigration Law for Massachusetts on
Q: Does H1b Extension of Stay have to be approved for a new employer to apply for Change of Employment?

I am on H1b visa since Oct 2021. My status was going to expire on Sept 30th, 2024. My current employer applied for a Extension of stay and the USCIS sent I-797C receipt notice on August 16th. The case is still pending so I don't have I-797A approval notice. I got a new job and they are filing... View More

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

H1b extension of stay does not have to be approved for a new employer to apply for change of employment

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3 Answers | Asked in Immigration Law for Minnesota on
Q: Can I legally re enter US if I have a valid Stamped Visa from my previous employer. I’m on H1B

I am an employee of company X on H1B, having joined the company in July 2024. Due to a family emergency, I need to travel to India as my father is critically ill and requires urgent attention.

I currently have a valid visa stamped until March 2026 from my previous employment Y

Could... View More

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

It is legally permissible to re-enter the US using the valid stamped H1B Visa from your previous employer. Make sure to bring the I-797 with I-94 and recent pay stubs for the current H1B employer.

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2 Answers | Asked in Immigration Law for California on
Q: Can we file H4 to F1 COS while the I-485, I-765, and I-131 applications are pending

My child is currently in H-4 status and will be turning 21 in mid-Feb2025. i have filled I-485, I-765, and I-131 applications, along with those for my dependents (spouse and child), a few days ago.I determine determined that the child is eligible for CSPA, meaning the age will be frozen once we... View More

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

A COS from H4 to F1 while having a pending AOS will unlikely be successful as the AOS indicates immigrant intent

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2 Answers | Asked in Immigration Law on
Q: Can someone who is in the process of i_130 apply for non-immigrant visas? What about EB3 visa?

My sister, who is a US citizen, just filled out the i-130 form for me and my wife and sent it to uscis. Can I apply for a US non-immigrant visa (for example tourist visa) while I'm waiting to get a green card through my sister? What about get an EB3 visa?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 14, 2024

A beneficiary of an I-130 from his/her sister may still apply for a nonimmigrant visa and be sponsored for an EB3 petition

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: i have green card can i send finance app to my girl friend back home in iran
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 9, 2024

Only US citizens may file fiance visa petitions

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: My mother is a green card holder. She stayed a year and half outside us.

My mother is a green card holder. She went out of usa with the intention of coming back after 5 months. But due to my father heath she had to take care of him taking him to his dialices appointment she stayed one year and a half out sitde the us. My father passed away and now she want to come back.... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 25, 2024

A green card holder who stays outside the US for a continuous period of over a year loses the LPR status. She will need to apply for an SB-1 (returning resident) visa. Work with an immigration lawyer

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2 Answers | Asked in Immigration Law for Texas on
Q: What is the requirement and process for my retired 85 years old mom to come leave with us?

I'm a male legal alien with a green card married to a male US citizen for 9 years. My mother is a French citizen, recently widowed and has a personal retirement income of around $1800 a month. I just don't want her to enter the country with a tourist visa and have to leave every 6 months... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 25, 2024

Apply for US citizenship and once a US Citizen, you may sponsor your mother for a green card. Work with an immigration attorney

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2 Answers | Asked in Immigration Law for California on
Q: Wife has a green card for 26years . How easy or difficult is it for her to get citizenship

She might have a complaint on her police record from her x husband claiming something totally ridiculous but it is there.

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

Get a copy of her police record and work with an immigration attorney to assess if it would not be a problem for her US Citizenship application

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2 Answers | Asked in Immigration Law for Texas on
Q: I petitioned my brother when he was single, now he is married & w/ kids. Now NVC sent me a notice of immigrant visa case

Creation. How could I add his spouse and kids in my petition. Do I just add them in the form that I fill up and pay in CEAC?

Would he be able to bring his spouse and kids?

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

Email the NVC to inform them that your brother is now married with children so the accompanying family can be included in the CEAC

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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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