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Questions Answered by Carlo Franco L. Borja
3 Answers | Asked in Immigration Law for New York on
Q: expired and lost green card

green card is expired and lost do i just need to file an l-190 or are there additional forms i need to get done

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 22, 2023

https://www.uscis.gov/i-90

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2 Answers | Asked in Immigration Law on
Q: USCIS has approved I-130 petition for a sibling, but has retained it!

I mistakenly "indicated" on the petition that the beneficiary INTENDS to apply for an immigrant visa abroad at a U.S. Embassy or a U.S. Consulate or will apply for adjustment of status in the United States. The notice says that he "should submit a copy of the notice along with a Form... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 21, 2023

If you mistakenly indicated "will adjust status in the US" in the I-130, you will need to file an I-824 to notify the USCIS and NVC that the beneficiary will do consular processing. Work with an immigration attorney.

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3 Answers | Asked in Immigration Law for New York on
Q: Can i file l130 if im 22 and unmarried. My dad is. US ciztizen and i overstayed my visa

As mentioned im 22 and unmarried, I do have a baby here in the usa, I know that doesn’t change anything. I’m just curious to know if I could apply and adjust my status given my overstay. My dad is a Us Citizen

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 20, 2023

Your US citizen father can file an I-130 for you but generally, you won't be able to adjust your status if you overstayed. Consult an immigration attorney in private to see if an exception applies to your case.

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2 Answers | Asked in Immigration Law for Michigan on
Q: i forgot to change address with USCIS and changed it later than 10 days. will it affect my Citizenship application?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 20, 2023

Failure to timely change address with USCIS is usually not a material issue that affects US Citizenship

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2 Answers | Asked in Immigration Law for California on
Q: What is Fastest visa a greencard holder can file to get her over 21 years old son from the philippines?

She already filed ome for her daughter that is over 21 too. But its taking too long.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 19, 2023

Consult an immigration attorney in private for faster alternatives as this is a public forum. Salamat!

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2 Answers | Asked in Education Law and Immigration Law for Virginia on
Q: My F1 visa has expired, but my I20 is still valid. If F1 expires, can I still transfer to another school?

I am a international student in US, I plan to transfer to another school next year.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 17, 2023

My F1 visa has expired, but my I20 is still valid. If F1 expires, can I still transfer to another school? YES. The F1 visa is only used to enter the US. The F1 is admitted for D/S (duration of status)

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3 Answers | Asked in Immigration Law for New Jersey on
Q: Can i file a humanitarian reinstatement of a petition filed by my mother who passed away in 2014?

Hi there, my mother petitioned me in 1992 and got current in 2010 but failed to proceed with it. My mom passed away in 2014, me and my husband entered USA in 2012 with r1 and r2 visa that expired last 2016. we’re currently staying here in NJ. Then my brother, an american citizen who also lives... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 15, 2023

It appears that you qualify for INA 245i. I highly suggest you consult in private with an immigration attorney to explore your options.

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2 Answers | Asked in Immigration Law for Indiana on
Q: Can I file i485& i765 since i140 has been approved with Dec 2023 PD. My PD is not current, am on F1visa from Africa

I am on F1 visa and studied in the united states. Currently working as an RN Nurse with my OPT. My employer got an approved i140 on my behalf, with Priority date of December 2023, but I was told they cannot file i485 & 1765 petitions until my priority date becomes current.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 14, 2023

I-485 based on approved I-140 cannot be filed if priority date is not within the cutoff dates in the visa bulletin https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-january-2024.html

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2 Answers | Asked in Immigration Law and DUI / DWI for North Carolina on
Q: My friend has a DUI and has green card for past five years is it OK for him to travel abroad, will it affect his status.

Also is it safe to apply for his citizenship as its due.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 14, 2023

A single DUI conviction, with no aggravating factors, is not usually found to fit any of the grounds for inadmissibility or deportation. Better to get assistance from an immigration attorney when he applies for US citizenship.

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2 Answers | Asked in Immigration Law for California on
Q: I am a US citizen and my partner is a swedish citizen. Is it better for us to get married prior to her coming back here
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 13, 2023

A foreign national married to a US citizen would have suspect immigrant intent when trying to enter the US. Consult in private with an immigration attorney

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2 Answers | Asked in Immigration Law for New York on
Q: Can a US citizen with dual citizenzenship reenter the United States with an expired US passport?

I have to travel urgently, will I be allowed to reenter the United States with an expired US passport?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 12, 2023

An unexpired US passport is required to reenter the US

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2 Answers | Asked in Immigration Law on
Q: Mypartner is an undocumented immigrant living in the US and coming to live in the UK. How can she get voluntarydeparture

She will be coming here on a spouse visa and my only worry is her leaving the US safely and with ideally no or minimal ban

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 10, 2023

A person who accrues one year or more of unlawful presence during a single stay is barred from the US for 10 years after departing

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2 Answers | Asked in Immigration Law and Business Law on
Q: is Food truck business could be approved for E2 Treaty visa application ? truck cost about 3-10k dollars and 2 workers
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 10, 2023

Generally, a food truck business could be approved for E2 visa if all the E2 eligibility requirements are met. Consult in private with an immigration attorney to get a comprehensive answer.

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3 Answers | Asked in Immigration Law for Texas on
Q: I-485 Submission and not receiving Receipt Number

Hi,

I submitted my I-485 documents along with the attachment of I-864 and I-864A on November 20th, 2023. I have received confirmation from FedEx that the USCIS office received my package on Tuesday, November 21st, 2023. I need to hear some opinions because I have not received any receipt... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 6, 2023

Please email your preferred attorney directly for assistance as this is a public forum. Thank you.

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: Marrying on an ESTA but not staying in the country?

I'm planning on marrying a british citizen and moving to the U.k., and we're hoping to get married here in the US before he leaves and I join him later. Do we have to get him an actual visitor visa or is an ESTA enough for a courthouse wedding?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 4, 2023

ESTA is okay if you guys are moving to the UK

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2 Answers | Asked in Immigration Law for Illinois on
Q: Does the 2YHRR Apply When Applying for Form I-130 and Adjustment of Status After Marrying a US citizen?

Hello,

I arrived in the US in September 2021 on a J-1 visa, which carries a two-year home residency requirement. During my stay, I was offered a Ph.D. position, which I accepted. In June 2022, within the grace period of my J-1 visa, I returned home and applied for an F-1 visa. Upon... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 4, 2023

Yes, the 2YHRR still applies. You will need a J1 waiver in order to be approved for a green card base on marriage to a USC. I suggest you work with an immigration attorney

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2 Answers | Asked in Gov & Administrative Law and Immigration Law for Tennessee on
Q: How can I found work visa jobs for the state of Tennessee. Or even apply ?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 4, 2023

You can search online for job openings. H1B lottery starts March 2024 so prepwork must be started before then

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2 Answers | Asked in Immigration Law for Oklahoma on
Q: If the USCIS officer doesn’t state your spouse’s 751 has been approved at the end of the interview is that a bad sign?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Dec 1, 2023

Hard to tell. It depends on the bona fides of your relationship and what transpired during the interview

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2 Answers | Asked in Immigration Law for California on
Q: My priority date's current but new employer not filing PERM. What to do?

I joined my current employer in California on H1B in Sep 2023. In Oct 2023, my EB3 priority date got current. I'm India born on EB3 with Apr 2012 PD. My employer's not filing any PERMs since they laid off thousands of workers recently. Assuming my PD stays current for good, am I required... View More

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

Assuming my PD stays current for good, am I required to file I485 before Oct 2024? NO

Can I get any renewal on H1B? YES

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3 Answers | Asked in Immigration Law for Colorado on
Q: I am looking for a lawyer that can help and assist in the review process of my and my fiancés K1 Visa.
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 27, 2023

Contact your preferred immigration attorney directly. Thank you.

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