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Questions Answered by Carlo Franco L. Borja
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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2 Answers | Asked in Immigration Law for Texas on
Q: Can I as a college student claim extreme hardship about being extremely financially dependent on my immigrant parents?

and they wouldn't be able to provide for me abroad.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 7, 2024

You can, but it will unlikely be considered a basis for extreme hardship to obtain an immigration benefit

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4 Answers | Asked in Family Law, Immigration Law and Civil Litigation for New Mexico on
Q: my girlfriend is pregnant and resides in USA with me but how do I go about her staying here

she has a b visa

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

If you are a US Citizen, you can marry her and she can concurrently file an adjustment of status with your immigrant petition so she can stay in the US.

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2 Answers | Asked in Immigration Law on
Q: Form I-30 application process has been delayed due to a backlog. I'm 30 years old and single. How can I expedite it?

form I-30 Petition for Alien Relative

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 29, 2024

Expedite request information: https://www.uscis.gov/forms/filing-guidance/expedite-requests

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2 Answers | Asked in Immigration Law for Illinois on
Q: I would like to do door dash with my visa status, i have i-485 processing with pending EAD, am i allowed to do the dash

I didn’t get my EAD yet but have approved I-140.

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

Your EAD must be approved before you can do Door Dash

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2 Answers | Asked in Immigration Law for Virginia on
Q: E-2 visa

I have a small IT services company which provide web development services along with amazon FBA ecommerce, I want my sister to come USA on E-2 business visa however it require to invest in an existing company or business, Will she invest in my company and be my partner? and does this type of... View More

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

Among other things, your sister must be a national of a treaty country and should end up being the majority owner or an essential employee to qualify for E2. I suggest you work with an immigration attorney.

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2 Answers | Asked in Immigration Law for California on
Q: My B2 Visa was denied citing reason as 214(b). Application was made with my son who is unmarried and unemployed.

I am applying again but not sure what is appropriate answer to below question - Have you ever been refused a U.S Visa, or been refused admission to the United States or withdrawn your application for?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 22, 2024

The answer to the question - Have you ever been refused a U.S Visa .... is "YES" if B2 visa application was previously denied

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2 Answers | Asked in Immigration Law for Missouri on
Q: Regarding Green Card Process, apply 485 with previous approved I-140?

I am currently on a H1B visa, and my priority date for the green card is April 2013 (EB2).I have three approved I-140s from previous employers.I was recently laid off and need to switch employers, but I have not yet filed the I-485 (Adjustment of Status).

My daughter is 19 years old and has... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 22, 2024

You can file your I-485 based on your previously approved I-140 if the job offer is still open and available to you. A Form I-485J must be submitted with your I-485. A new PERM and I-140 can also be filed with a request to retain the priority date from the previously approved I-140

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2 Answers | Asked in Immigration Law for New York on
Q: Can I refile I-907 without receiving receipt notice 797 for my I-140?

I have received the receipt number over the SMS but not the physical 797 receipt.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 18, 2024

I-907 can be filed without receiving the I-797 receipt notice for the I-140 as long as you have the receipt/case number

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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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