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Questions Answered by Carlo Franco L. Borja
2 Answers | Asked in Domestic Violence and Immigration Law for Michigan on
Q: Immigration query - domestic violence case.

Five years ago, I went through a divorce from my husband, who was in the United States on a visitor's visa. This decision was prompted by a troubling history of domestic violence. At the time, I held an F1 visa, and he was my dependent. Our marriage had initially taken place in the U.S. After... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 26, 2023

Sorry to hear about your situation. Asylum in the US can only be pursued if you are able to demonstrate that you were persecuted or have a fear of persecution in your home country due to your Race, Religion, Nationality, Social group or Political opinion.

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3 Answers | Asked in Immigration Law for Georgia on
Q: Wife pregnant. What visa should my mother in law apply for to enter United states?

Wife, Nigerian conditional permanent resident. Applied to remove conditions. 3 year extension letter provided by uscis.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 25, 2023

Your mother in law may apply for a B2 visa to visit her pregnant daughter

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3 Answers | Asked in Immigration Law on
Q: How can I find out if I've been cleared from any pass to be able to get my green card or cross
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 23, 2023

More facts are needed to answer your question

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3 Answers | Asked in Immigration Law on
Q: My US citizen husband file form I130 for me as his wife however, we didn’t include our 1yo son to the form I130

because we thought that there’s no need for that as he will fall under derivatives but unfortunately, upon our researching since my husband is a US citizen he should file form I130 separately for me and our son however, my case already reached NVC and i was already Documentarily qualified. We... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 23, 2023

A separate I-130 needs to be filed for the stepchild/son of wife

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2 Answers | Asked in Immigration Law on
Q: I am a green card holder, I leave USA with my 2 kids US citizens one and a half year ago.Can I go back without reentry p

My big daughter has a depression, I broke my knee cap and had surgery. We couldn't back earlier, I still not complete my physiotherapy. My husband is in USA,he is us citizen, we have house in Hayden ,CO.So can I enter in USA without reentry permit?

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

A green card holder who stays out of the US for more than a year will be deemed to have abandoned his/her permanent residence in the US. An SB-1 visa must be applied for to return to the US. Consult directly and in private with an immigration attorney

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2 Answers | Asked in Immigration Law for Florida on
Q: What do I need to do to be able to live with my fiancée in the US??

I am engaged to my fiancée who is a US citizen. We have been planning on starting a future together as a married couple for almost a year, However, I've only been able to visit them through ESTA visa, I would like to start becoming more serious and hopefully getting to be with them permanently.

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

Your US citizen fiance should file a K1 petition. Once approved, you can apply for a K1 visa to marry your fiance in the US. Better to work with an attorney.

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: My son’s girlfriend is from China and is attending graduate school here to get her master’s degree. She would like to

Stay and find work by obtaining a green card through an employer. If she can not find work before her visa runs out they are thinking of getting married because they eventually want to wed. Can she marry my son and get a green card and work in the U.S. but not give up her Chinese citizenship? She... View More

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

If your son is a US citizen, he could petition his girlfriend after they marry and she can get a green card. She doesn't have to apply for US citizenship. I suggest you work with an immigration attorney

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2 Answers | Asked in Immigration Law for New Jersey on
Q: While concurrent filing for a greencard, better to file I-130 online and the rest in the mail, or everything via mail?

We are filing an application for marriage based green card (spouse American, me F-1 visa holder), and I heard it is better to file everything at the same time, concurrent filing. I saw that only the I-130 petition and related documents can be filed online, the adjustment of status can only be filed... View More

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

It is up to your preference. I usually file I-130 and adjustment of status concurrently by mail

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2 Answers | Asked in Employment Law and Immigration Law for Illinois on
Q: I have a company that operate in IT consulting . When hiring h4 ead shuld I submit any forms with Labor or USCIS???

Planning to hire H4Ead candidate

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

No need to submit any forms with the Dept of Labor or USCIS when hiring those with H4 EADs

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2 Answers | Asked in Immigration Law on
Q: Can I get married in the US on a ESTA and then return to my home country to apply for the spouse visa?

Hi I’m from Australia and my fiance is a US citizen. Is it legal for me to enter US on the ESTA, get married in the US, return back to Australia as a couple and then apply for a CR1 spouse visa from outside of the US? And if so, can I do it within less than 90-days of when I originally entered in... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 16, 2023

Yes, you can get married in the US and apply for a spouse visa in Australia after the approval of the immigrant petition to be filed by the US citizen spouse. Best to work with an immigration attorney.

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3 Answers | Asked in Divorce, Family Law, Immigration Law and Child Custody for California on
Q: My daughter wants to get a divorce from her husband his been emotionally, verbal, and mentally abusive to her.

they been married for a 1 year, and he just got a green card couple of months ago.

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

Sorry to hear about your daughter's situation. She can file for divorce and later apply for a waiver of joint filing the I-751. Make sure to retain evidence that the marriage was entered into in good faith. I suggest you work with an immigration attorney.

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2 Answers | Asked in Immigration Law for Michigan on
Q: If after a I-751 is filed the wife moves out should the couple file for divorce even if they are still working on their?

USCiS officers made a home visit and discovered my wife had moved out. We both told them we were still working on the marriage. Will USCiS still schedule a 751 interview while we are separated?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 9, 2023

USCIS will still schedule an I-751 interview for both of you to appear. A waiver of joint filing can be done if the couple is divorced.

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2 Answers | Asked in Immigration Law for Maryland on
Q: Can my mom get her green card?

She is 60 years old and has been diligently paying her taxes for over 10 years. When she was coming to the US, she faced immigration stops approximately three times but managed to enter and haven't left since. I'm wondering if it's possible for me her daughter (24 year old) to apply... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 9, 2023

A US citizen can sponsor his/her parent for a green card. I suggest you work with an immigtation attorney to review your mom's immigration matters.

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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: How can I hold my Green Card Visa status if I move back to Brazil?

I've been in the USA for the past 10 years, initially under a work Visa and since 2021 as a permanent resident/ GREEN CARD HOLDER. The same company I worked for in Brazil was the sponsor for my process here in the USA and now they are offering me a position back in Brazil that I want to... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 8, 2023

The US govt. will assume that you abandoned your permanent residency in the US if you stay outside for more than 1 year without a reentry permit. Contact an immigration attorney in private to assess the best way to address your situation.

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2 Answers | Asked in Immigration Law for Maryland on
Q: What can I do when a relative has a Australia permit comes to America as a visitor and is denied permission to enter USA
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 7, 2023

CBP has particular reasons for denying entry to a foreign national. Contact an immigration attorney in private for assistance.

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2 Answers | Asked in Immigration Law for Texas on
Q: Hello, I am in Houston Texas, and I received a NOID letter from Uscis. Please I need help in responding to the letter.
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 6, 2023

Contact your preferred immigration attorney for assistance in this RFE as this is a public forum

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2 Answers | Asked in Immigration Law for Texas on
Q: Okay to travel while on F1 CPT and F2B petition?

F1 student on CPT. My dad is a permanent resident and has petitioned F2B for me (priority date Sep 22). Is it safe for me to travel while on CPT?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 3, 2023

Priority dates of F2B petitions take several years to become current. If there are ties and evidence to intent to return to home country after F1, it should be safe to travel

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2 Answers | Asked in Immigration Law for Michigan on
Q: My wife submitted a 751. I’ve just been called and asked to meet with an immigration official.

We had agents visit us Monday and discover we had separated in July. Just now I received a call asking me to meet with an official Monday for some follow up questions. I was also asked to bring some Funchal information and documents supporting our marriage since the 751. I’m the American... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 3, 2023

Bothe the American petitioner/sponsor and foreign national are being asked to assess the bona fides of the marital relationship

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2 Answers | Asked in Immigration Law for Virginia on
Q: Need to bring my fiancé to USA and which is the best route I mean fastest ? Fiancé visa vs I-130 vs B1/B2 ?

I am US citizen and want to bring my fiancé/girlfriend to USA

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 2, 2023

Fiance visa petition (K1) is the best and appropriate route. Work with an immigration attormey

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2 Answers | Asked in Immigration Law for Michigan on
Q: Does uscis ever interview the sponsor of a petitioner for a permanent green card alone after a home visit?

Can uscis contact the sponsor of a green card application and request a follow up meeting and additional supporting documentation from the sponsor after they have already done a surprise home visit and found the wife who had submitted the I-751 had left her husband and was living elsewhere (they... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Nov 1, 2023

Does uscis ever interview the sponsor of a petitioner for a permanent green card alone after a home visit? YES, especially if they suspect any fraud

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