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Questions Answered by Carlo Franco L. Borja
2 Answers | Asked in Immigration Law and International Law for Kentucky on
Q: Can i as an international nursing student be eligible for eb3 visa?

I am in the usa right now in f1 visa and about to finish associate in nursing. I will also be giving my nclex examination. If my employer agrees to sponsor my eb3 visa while i am in my OPT, would there be any complications? Because i wouldn't have a bachelors degree? Is it pretty important for... View More

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

A nurse with an ASN and NCLEX or CGFNS certificate will qualify for sched A EB3. A bachelors is not required.

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3 Answers | Asked in Immigration Law for Kansas on
Q: I am a US citizen and my partner is from the Philippines, married via proxy.

The Philippines does not recognize proxy marriage. We’re applying for a visa and I’m curious how this situation affects my marital status in the US. And if I should put that I’m single or married. Should we apply for a marriage visa or fiance visa?

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

If you reside in a US state where a proxy marriage is recognized then you can put "married." Consult in private with an immigration attorney.

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2 Answers | Asked in Immigration Law for Nevada on
Q: I'm trying to change my j1(no 2 year rule) visa to f1with a help of a lawyer. What is the potential issues may arise?

For example

How long will this transition take?

When do i have to start in order to make this transition smooth?

I'm trying to undrestand time and procedure about this transition. Thank you very much for answering

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on May 27, 2024

Changing status from J1 (not subject to 2YHRR) to F1 requires the filing of an I-539. Premium processing (decision in 15 days) is available for an additional fee. Work with an immigration attorney for a smooth transition.

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3 Answers | Asked in Immigration Law for Tennessee on
Q: If I, US citizen, get my foreigner wife pregnant, how would that affect the visa process?

I’m a US citizen and I’m planning on marrying my Fiancée. We also plan on getting pregnant as soon as we marry. How does that pregnancy affect the CR-1 visa process? Does it speed it up or slow it down? What would I need to prepare for in terms of documents for both my child and wife?

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

Getting the foreigner wife pregnant could bolster the fact that the marriage was enteted in good faith. The foreigner wife can adjust status in the US. Work with an immigration attorney.

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2 Answers | Asked in Immigration Law for Florida on
Q: Would filing for a K1 fiancé visa interfere with an existing I-130 that is stuck in inquiry date purgatory?

A friend of mine has been working on helping her girlfriend immigrate to the US for a while and currently her girlfriends mother in law has a pending I-130 they've been waiting on. The inquiry date for the case keeps getting pushed back 6 months to a year each time it approaches, so they... View More

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

Filing for a K1 fiancé visa petition will not interfere with an existing approved I-130 filed by the beneficiary's mother.

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2 Answers | Asked in Immigration Law for Minnesota on
Q: My tourist visa ends 31st May, I applied for extension on May 1, says case was recieved, Do I have to leave the country
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on May 9, 2024

If you have proof that the extension application was filed before your authorized stay expired, you will be considered to be in a period of authorized stay by the Attorney general and will not accrue unlawful presence

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2 Answers | Asked in Immigration Law for Ohio on
Q: Adjustment of Status in the United States after approved i-130

My mom, a US citizen filed a petition i-130 for me that was approved and sent to NVC for further processing; a fall under the unmarried child over 22 category. Do I have to wait for NVC processing or I can just go ahead and file i-485 as soon as I get the NOA2? I live in the united states.

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

If the priority date of the I-130 is current and you are in the US in valid legal status, you may apply for adjustment of status

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2 Answers | Asked in Immigration Law for Indiana on
Q: I-765: Initial or Renewal of permission to accept employment?

As an F-1 student, I have previously submitted form I-765 (employment authorization). Now while applying for adjustment of status after marrying a US citizen, should I say that this is my initial permission to accept employment? Or is it a renewal of my permission to accept employment?

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

Initial permission as it will be based on C9 category

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2 Answers | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Hello Can H1b Visa holder work full-time for one employer for 40 hours and part-time for another one for 25 or 20 hours.
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Apr 7, 2024

An H1B Visa holder can work full-time for one employer for 40 hours and part-time for another provided he/she has approved H1B petitions under both companies.

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3 Answers | Asked in Immigration Law for Texas on
Q: Can I obtain legal status if I illegally entered the country 20 years ago from Mexico and have no order of deportation?

I have two over 21 year old kids that are US citizens and I never got a visa when I entered. I have no bad track record. I have a 9 year old and I haven’t seen my Mexico family in 20 years.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Mar 27, 2024

A foreign national who entered the US illegally may be petitioned by a US citizen child for lawful permanent residence but the foreign national will need to apply for a provisional unlawful presence waiver in order to apply for an immigrant visa. Work with an immigration attorney.

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2 Answers | Asked in Immigration Law for Georgia on
Q: Do I need a separate I-130 for my daughter and her two minor children?

If I file an I-130 as a U.S. citizen to bring my adult daughter to the U.S., do I have to file separate I-130s (and pay a separate filing fee) for her minor children?

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

A US citizen filing an I-130 for an adult daughter does not need to file separate I-130s for the daughter's children as the latter will be considered derivative beneficiaries.

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2 Answers | Asked in Immigration Law, Employment Law, Education Law and Employment Discrimination for Wisconsin on
Q: Working while waiting on EB-3 Visa

I am currently on STEM-OPT Visa and my company is working on helping be obtain an EB-3 Visa. There seems to be a couple steps;

1. Submitting and obtaining PERM Certificate.

2. Filing the form I-140 petition

3. Wait for Your Priority Date

4. Adjusting status.... View More

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

A work permit (EAD) application can be submitted together with the adjustment of status application

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2 Answers | Asked in Immigration Law for Texas on
Q: I want to know if some other employer can sponsor for my H1B while I work for my current employer who doesn't want to?

Hi, thanks for helping with my doubts in the first place. I am a F1 student at OPT working for a company as a Software Engineer. I am not sure if my employer will file for my H1B petition this year as I am a new recruit. I would have only two H1B attempts left if he doesn't sponsor me this... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 13, 2024

Yes, some other employer can sponsor for your H1B while you work for your current employer but you need to work for the sponsoring employer once your H1B starts.

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2 Answers | Asked in Immigration Law for Illinois on
Q: Can I apply for I-131 and I-765 when applying for Form I-130 if I marry to a green card holder not US citizen?

I have a F1 visa and currently still remain my status in the US. I am marrying to a green card holder and we are planning to apply for Form I-130. Is it eligible for me to apply for Form I-131 and I-765 as well when I apply I-130?

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

I-131 and I-765 can be applied for if you are eligible for adjustment of status. Work with an attorney

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2 Answers | Asked in Immigration Law for New Jersey on
Q: US citizen,filed I-130 for married son (38yrs) in 2016. However, he is now divorce. Do I need to reapply for new I-130?

His priority date is August 2016. However, he is now divorce. Can he still use this 'old' priority date or do we need to file a new I-130 as is 45 years old and single.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 6, 2024

No need to file a new I-130. Priority date will be retained and preference category will be converted to F1

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2 Answers | Asked in Immigration Law for Illinois on
Q: My fiancée has a daughter in Ecuador she arrived to the US with a tourist visa and recently had to travel back for an

Emergency concerning her daughter. She spent five years in the USA without a green card. What can I do to start her paperwork to legalize her

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 6, 2024

If you are a US citizen, marry her and file an immigrant petition for her. If she was unlawfully present in the US for years, she is subject to a 10 year bar from returning so she will need an unlawful presence waiver. Work with an immigration attorney.

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: If my wife moves to H1B from H4, can I still apply I-485 AOS for her with my green card application?

My employer has applied for PERM. But given the long time, it is taking, it will be a year at least till I get to the I-485 stage.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 6, 2024

Yes, as long as she is in valid legal status, she can apply as a derivative in your I-485 AOS

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2 Answers | Asked in Immigration Law for Texas on
Q: Can I work Uber,lift, doordash as part-time while my I140 and I-485 pending?

As an F1-OPT visa holder, my current employer is sponsoring me through the PERM process under the EB3 category.

I have concurrently applied for the I-140 and I-485, and they are currently pending after just about three months.

I recently received a new EAD card under the C09P... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 5, 2024

I recently received a new EAD card under the C09P category.

Can I apply to work with Uber eat, doordash as part-time job? Yes

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2 Answers | Asked in Immigration Law for Illinois on
Q: Should we submit I 485+I 765+I 131 before or after my citizenship. Currently a LPR with pending I-130 for spouse.

Priority date for I-130 is May 2023. Mainly we want to be able to travel internationally.

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

Once Petitioner becomes a US citizen, beneficiary spouse can file for adjustment of status with I-765 and I-131 based on pending I-130. Work with an immigration attorney

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4 Answers | Asked in Immigration Law for California on
Q: Can a person on H1b accept an consulting/advisory role for other company that is not their H1b sponsor.

Does it depend on how many hours. How about 2-4 hours a week.

Does it depend on if we do it for free or charge a fee.

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

H1B is employer specific. Working for another company without an H1B is not permitted

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