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Questions Answered by Carlo Franco L. Borja
3 Answers | Asked in Immigration Law on
Q: I am US citizen, filed I-130 for my 30 years old unmarried daughter in 2021 and in Dec 23 she got married. Pl guide.
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 29, 2024

Since your daughter got married, the priority date to be followed in the visa bulletin is F3

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4 Answers | Asked in Immigration Law for Florida on
Q: If my fiancé (irish citizen) and I (American citizen) marry in the US. Can my future spouse then leave the US and return

We are currently living together in the US, my fiancé has an h2b visa at present. After we are married in the US, can we go visit his family in Ireland for one month and then return back to the US? Would he be allowed back?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 26, 2024

The spouse of a US citizen may be sponsored for a green card. The spouse may apply for advance parole to travel abroad while the adjustment of status is pending.

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3 Answers | Asked in Immigration Law for Ohio on
Q: After I marry my wife who is from Columbia. How much longer can she stay in America. And how soon can I get her a visa

A permanent visa

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 26, 2024

If you are a US citizen, you can sponsor her immediately and she can concurrently apply for a green card. She can stay in the US while the application is in process. Work with an immigration attorney.

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4 Answers | Asked in Family Law and Immigration Law for Wisconsin on
Q: What are my options right now?

At around 8 months old, I was brought to the US as a baby. I am now 22 years old and currently expecting my 1st child with my fiance. I have graduated from school and have proof of my time living in the US and I've never broken any laws. I continue to see info about how to start the process of... View More

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

If your husband is a US citizen, he can file an immigrant petition for you. If you entered the US without inspection, you will need to apply for a provisional unlawful presence waiver. Work with an immigration attorney.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Is it bad if I say I worked in the last 5 Years without having any working permit...?

Hello, I just submit my application for green card through marriage and I put on my employment history that I have been working in different places for the last 5 years even if I do not have any permit or SSN... Could I be in trouble for putting that on my application or maybe I could get just a... View More

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

If applying for a green card based on marriage to a US citizen, USCIS will waive any unauthorized employment

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3 Answers | Asked in Employment Law and Immigration Law for Virginia on
Q: Is H-1B visa only about STEM people? Can't a person in communications/ PR get it?

I'm an administrator in a university and in my last period of OPT of my F-1 visa. My employer would like to sponsor me but apparently there is some federal law that stops them from that since my job could be done by a U.S citizen. Is that true and is there a way to still build a solid case... View More

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

H1B is not just for STEM but for any occupation or job that requires highly specialized knowledge normally requiring a bachelor's degree or its equivalent.

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3 Answers | Asked in Immigration Law and International Law on
Q: Humanitarian reinstatement need help?

My grandfather who was our petitioner died recently, he applied for all his children and their family total 3 children. 2 of them were able to get the visa and are currently living in the states but before we could go and give interview he died. We expedited for our interview but by the time they... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 21, 2024

Schedule a private consultation with an immigration attorney to explore the options

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2 Answers | Asked in Immigration Law for New York on
Q: I became a US citizen before my daughter turned 18. My daughter lives abroad with her father who I divorced.

Does my daughter qualify for citizenship or should I apply I-130 for her?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 19, 2024

In order to qualify for derivative US citizenship, the child must be living in the U.S. under the lawful guardianship of a U.S. citizen parent.

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4 Answers | Asked in Immigration Law for Florida on
Q: Can I submit I130 for my brother who enter the USA on a B1/B2 visa ?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 13, 2024

You can file an I130 for your brother who entered the USA on a B1/B2 visa but he won't be able to adjust his status.

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3 Answers | Asked in Immigration Law on
Q: Currently on F1 visa and wondering if I would be violating my status volunteering an Korean American Museum.

I'm currently in school on F1 Visa with a CIP code for (27.0501) Statistics, General. I am of Korean Descent and wondeirng if it would be a violation of my status if I volunteer at this Korean American museum in my community. It is a 501(c) charity, I don't get paid, and all I would do... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 10, 2024

Volunteer work (not unpaid internship) is okay.

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2 Answers | Asked in Immigration Law for Texas on
Q: Could you please help me understand I 130 filing for my minor child?

My daughter (over 21) became a US citizen. She filed I-130 online for me. After it gets approved, can I send I-485 form for myself and I-485 for my minor child (under 18)? All of us are in US. The USCIS says that my minor child needs a separate I-130 approved. Your article says that I can use my... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 8, 2024

Since the petitioner is a US citizen, a separate I-130 and I-485 needs to be filed. Work in private with an immigration attorney as this is a public forum.

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3 Answers | Asked in Immigration Law for Ohio on
Q: Hi there, and happy afternoon. I just got an RFE about a family-based visa.

Hi there, and happy afternoon.

I just got an RFE about a family-based visa. I was able to secure a copy of my birth certificate, which was required by the RFE. Regretfully, the birth certificate office mistyped my date of birth, which I quickly corrected when I received it. I wanted to... View More

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

What will happen depends on the explanation you provided as regards the discrepancy

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2 Answers | Asked in Immigration Law on
Q: Are we still eligible if the petition was filed before the effective date of CSPA which is August 2002?

My US Citizen grandmother petitioned for my father and us his family, which makes the visa under the F3 category. The I-130 was filed May 2001 and got approved on August 2006, then the visa becomes available (final action date) on July 2020. And by that time me and my siblings were aged 19,21,and... View More

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

To determine eligibility for CSPA, subtract the time the I-130 petition was pending from the age the time the visa number became available. I suggest you work with an immigration attorney.

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3 Answers | Asked in Immigration Law for Georgia on
Q: Hi lawyers, working 3/4 full time jobs at same time has any impact on n400. Any client experience/advice?

Hello lawyers, does working 3/4 full time jobs at same time has any impact n400 naturalization.Taxes have been filed on time, don't owe taxes. I will be listing all of them in the application.Any client experience/advise on this?

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

Working 3/4 full time jobs at the same time has no material impact on the n400. What's important is that all jobs within the last 5 years are reported truthfully.

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2 Answers | Asked in Immigration Law and Appeals / Appellate Law for California on
Q: My son's visa was rejected due to overage under F4 visa category for USA, even his name was in the dependent list.

The older age was due to a two-year delay due to COVID-19. How do I appeal for this?

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

Consider scheduling a paid consultation with an immigration attorney to review your son's case and explore possible solutions.

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3 Answers | Asked in Immigration Law for Michigan on
Q: I'm a US Citizen and I want to petition my brother to come the USA but he's married. Can i still petition for him?

My brother is married but I want to bring him to the USA but I read somewhere that I can't but I also read that if you're a Citizen then you can. Can i petition him and his kid?

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

A US citizen can file an immigrant petition for a married brother. The brother's spouse and children under 21 may be included as derivatives.

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2 Answers | Asked in Immigration Law on
Q: I-130 processing time based on country of birth?

Hi,

My question is about I-130 processing time based on country of birth.

I am British citizen and reside in UK. I born in Pakistan. My US brother filed I-130 for me in February 2022 and after 5 months in July 2022 it was shown "As of July 21, 2022, we are actively reviewing... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 30, 2023

I-130 processing time is not based on country of birth but priority date is

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3 Answers | Asked in Immigration Law for Georgia on
Q: Can I leave country while citizen ship application is pending waiting for interview?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 30, 2023

Yes, but make sure you monitor and keep track of any notices from USCIS so you don't miss your interview

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3 Answers | Asked in Immigration Law for Florida on
Q: Can my brother (US Citizen) can sponsor me (J1 Visa holder) for a Green Card?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 27, 2023

A US citizen can sponsor a brother for a green card but there is a long wait (approx. 20 yrs) to get the green card. I suggest you consult an immigration attorney in private to explore other options.

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2 Answers | Asked in Immigration Law for Texas on
Q: My sister is in US on B1 visa, can I file her AOS 485 and can she get EAD and work here till her GC is approved?

She is German citizen and place of birth is Pakistan (so no queue.)

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 24, 2023

The priority date for "rest of the world" category is not current for siblings of US citizens so you can only file the I-130 immigrant petition but not the I-485 and EAD applications. Consult in private with an immigration attorney to explore your options.

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