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Questions Answered by Carlo Franco L. Borja
2 Answers | Asked in Immigration Law for Michigan on
Q: After USCIS agents make a surprise home visit after the I-751 has been submitted what is the next step in the process?

Does their report/notes documenting the petitioner never contributed financially to the marriage or slept in the same room with her husband get put into the I-751 file and sent to the immigration officer overseeing the case and back into the normal queue? Or is the I-751 put in a new queue for... View More

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

USCIS will most likely send a Notice of Intent to Deny outlining their findings. If these cannot be sufficiently explained, the I-751 will most likely be denied. Work with an immigration attorney.

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2 Answers | Asked in Immigration Law for Texas on
Q: Who's birthcertificates will my father need for a Family based immigration interview?

Hello, my Father will Hopefully be attending a family based immigration interview in Abu Dhabi. I am the petitioner for this application.

My question is will he be needed a copy of my brother Birth Certidicate who is above 21 and lives in US for his interview?

Thank you so much

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

He will need your birth certificate as you are the petitioner

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1 Answer | Asked in Immigration Law for Michigan on
Q: How much of a red flag is a home visit by USCIS agents after the I-751 has been filed?

My wife moved out in July, but didn't notify USCIS, so when the agents arrived they had expected for us to both be living together. They interviewed me and then drove to my wife (who is applying for permanent residence) and interviewed her. They also indicated they might contact me to ask... View More

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

It is a big red flag especially if you are not living together

1 Answer | Asked in Immigration Law for Texas on
Q: Approved I-130, granted EAD, I am now on a Pending I-485 while graduating in two months. Do I need a valid visa?

My I-130 was approved, and EAD card was issued. My I-485 is still pending. The time I applied for I-130 and I-485 concurrently, I was a student on F1 I-20. I will be graduating in next December which means my I-20 will expire. Do I need to take any actions like postponing my graduation? I am not... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 31, 2023

Pending I-485 is sufficient and no action is required.

4 Answers | Asked in Immigration Law for Alabama on
Q: How can I become a green card holder without marrying?

I have 2 kids born in the us.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 27, 2023

Consult in private with an immigration attorney to get a comprehensive answer

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3 Answers | Asked in Immigration Law for Florida on
Q: My brother came with visa B1/B2 if i do a petition I-130 x him can he stay longer that the period issue by immigration?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 26, 2023

Priority dates for sibling petitions take well over 15-20 years to become "current" so your brother cannot stay in the US and wait unless he is able to change to a nonimmigrant status that allows a longer duration of stay. I suggest you consult in private with an immigration attorney

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2 Answers | Asked in Immigration Law for North Carolina on
Q: Can a green card holder travel outside of US more than 6 months with interrupting period?

I returned from 8 months of international travel this July and am wondering if it is ok to travel again in November.

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

A green card holder who stays outside the US for over 6 months but less than 1 year may be questioned extensively upon return about his/her intent to reside in the US

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2 Answers | Asked in Immigration Law for California on
Q: Hi. I have a green card, and I can get a Citizenship of US after 5 years (how I know). But I want to marry.

So after living 2 years in US I want to return my country and marry. And start my husband green card case. I want to know in that case can I live outside of US more than 6 months? (If I will show that I am married and I am waiting for my husband case)

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

Staying outside the US for over 6 months but less than a year would raise questions about your intent to reside in the US which could affect your future naturalization ( US citizenship) application. Consult an immigration attorney in private on the best way to move forward.

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2 Answers | Asked in Immigration Law for California on
Q: i am a green card holder i have disabled son age 35 years with me here on visit visa my concern is what is possible way

to legally stay with me he is totally dependent on me can’t live by himself his visit visa will be expire soon

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

More facts are needed to come up with the best solution. Contact your preferred immigration attorney in private as this is a public forum.

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Bringing spouse to USA after marriage and adding to pending I-485 application

Hi. I am an Indian citizen. My current status is H-1B visa with updated visa stamp on passport until Aug 2026. My EB-2 priority date is Aug 2011 with I-140 approved. My I-485 application was filed earlier this month and is in pending status. I'm planning to visit India in December 2023 to... View More

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

After getting married she can apply for an H4 visa and fly to the US. Once in the US, she can apply for derivative adjustment of status. I suggest you work with an immigration attorney.

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2 Answers | Asked in Immigration Law on
Q: I want to find an experienced attorney for my CSPA case. For F4 category.

Dear sir, As I asked you before about mt CSPA calculaAtion and you said I suggest you to find an experienced immigration attorney before your interview, my question is: do you know any good attorneys that can help?, I really dont know where to find. I will be glad İf you can suggest me someone... View More

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

You can search online or contact any of the immigration attorneys in this site directly and in private

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2 Answers | Asked in Immigration Law for New York on
Q: Can an undocumented person become a registered assistant at a daycare center?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 17, 2023

An undocumented foreign national is not authorized to work in the USA

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2 Answers | Asked in Immigration Law for Maryland on
Q: How can I write my statements for asylum purposes?

I need help with writing the statements in my application

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

You need to show 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. Reach out directly to an immigration attorney for assistance as this is a public forum.

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2 Answers | Asked in Immigration Law for Tennessee on
Q: Got married on a tourist visa. I had a previous J-1 that I didn't complete the 2-year home residency. Do I need a waiver

I am Brazilian and I am currently in the United States on a tourist visa (I entered on July 2, 2023), and after 90 days, I married a U.S. citizen (on October 4, 2023). We are in the process of filling out the green card forms, but a question has arisen. In 2021-2022, I came to the U.S. as a J-1... View More

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

You need to get approved for a J1 waiver based on no objection from your home country in order to be approved for adjustment of status based on marriage to a US citizen. I suggest you work with an immigration attorney.

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2 Answers | Asked in Family Law and Immigration Law on
Q: Dear sir, I waited more than 15 years in F4 category to become current but they are removing only 2 months from my age.

İsn’t there anything wrong? İs there anything I can do? I was 13 years old and now finally our case become current but ım 28 and they are not including me in the case because of cspa. As a lawyer what do you think sir? İs this normal to delete only 2 months from someone waited for 15 years?... View More

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

As previously explained, CSPA age would be the time the I-130 was pending minus your age at the time the visa became available. If the computation is under 21, you will be eligible as a derivative. Based on the dates you provided, you can only reduce 60 days from your age at the time the PD became... View More

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2 Answers | Asked in Immigration Law on
Q: why uscis is telling me that im not elligible for CSPA but the final decision will be on the interview date of my parent

Dear sir, my family applied for an f4 visa category 15 years ago and finally our priority date became current. I was 13 years old and now I'm 28. isn't cspa supposed to freeze my age at 13? they are not adding me in the case saying that because cspa can not apply to me.

Visa... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 11, 2023

CSPA age would be the time the I-130 was pending minus your age at the time the visa became available. If the computation is under 21, you will be eligible as a derivative. Based on the dates you provided, you can only reduce 60 days from your age at the time the PD became "current" on Jul 1, 2023

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2 Answers | Asked in Immigration Law for Montana on
Q: What are the possible waivers to change status From J1 to H1?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 9, 2023

Examples of waiver bases are no objection statement and exceptional hardship. Contact an immigration attorney directly for details as this is a public form

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2 Answers | Asked in Immigration Law for Montana on
Q: I am a J1 Visa holder for 2 years now, and I just wanna ask if its possible to change my status from J1 to H1?

I'm from a different country and planning to stay longer in the US and get another job, but I can't since I only have to work 1 job because of my J1 Visa

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

If you are subject to INA 212e you will need a J1 waiver before you can switch to H1B. Work with an immigration attorney

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2 Answers | Asked in Immigration Law for Florida on
Q: Spouse applying for F1 visa when already applied for i130 but cannot one step adjust status due to F2A category backlog?

Hello,

So we have recently got married my spouse is on B2 Visa and I am a green card holder and also applied for my citizenship and processing time is still 6 months to go. My wife's B2 visa is expiring in the first week of December 2023. I have written in the form i130 that we'll... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Oct 5, 2023

Being a beneficiary of an I-130 with intent to adjust status would be an issue in an F1 application as the F1 requires nonimmigrant intent. Work with an immigration attorney to strategize

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2 Answers | Asked in Immigration Law for New York on
Q: is Food truck busines could be approved for E2 visa application? truck cost about 100k

is it possible to get approval on a Food truck busines for E2 visa application by buy a Food truck cost 100k , 6 employees working?

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

Yes, it is possible to get approved for E2 with a food truck business. Work with an immigration attorney

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