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Questions Answered by Carlo Franco L. Borja
2 Answers | Asked in Immigration Law for Texas on
Q: I am a GC holder married to an American citizen for 3 years. Can I apply for citizenship right now?

He was not a citizen when I got my GC. Do I need to wait 5 years instead?

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

You can if the spouse has been an American citizen for 3 years

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3 Answers | Asked in Immigration Law for Maryland on
Q: I received a letter from USCIS with request for more evidence for petitioning sponsor (my husband- marriage green card).

He has no income so that was what we put on the form I-864. I included copies of our joint taxes that show income from my babysitting jobs (self-employed) only. There in no income for him. My mother in law is the joint sponsor, and all the evidence for her income was submitted. Now the letter from... View More

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

I suggest you work with an immigration attorney to take a look at the RFE so that it can be responded to appropriately

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2 Answers | Asked in Immigration Law for Ohio on
Q: Hello, I wonder if I can apply to change my current B2 to F1 status, taking into account my B2 expires on October 4

My I-20 had a mistake for that reason the school had to change it but now the dates to start college will be to Spring, that will let me without an status, because my current B2 expires on October 4, 2023

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

As long as USCIS receives your I-539 application before your I-94 expires, you should be fine

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2 Answers | Asked in Immigration Law for Colorado on
Q: Hi, so I currently switched to an H1b visa from an F1 visa and my husband who’s doing his PhD now wants to apply for NIW

Would me being on the H1b visa affect his application?

I mean I switched to H1B from f2. My husband is on F1

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

You being on H1b will not affect his NIW application

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2 Answers | Asked in Immigration Law on
Q: Maintaining Green Card Status While Studying Medicine in Egypt

My father is a university professor, and he applied for EB2-NIW and was accepted. Since I am under 21 years old, I will be accompanying him. I am currently awaiting the embassy appointment, and I expect it to be in January or February 2024 at the latest. I am currently enrolled in the Faculty of... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 28, 2023

Apply for a reentry permit (Form I-131) so you can maintain your green card

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2 Answers | Asked in Immigration Law for Georgia on
Q: We are in the process of getting a K1 fiancé visa. My fiancé is a German citizen and will move to the US in 2024 once on

We are in the process of getting a K1 fiancé visa. My fiancé is a German citizen and will move to the US in 2024 once the K1 Visa is approved. He currently work in Germany as a remote worker. My question is can he still work for his current company while living here in the US as a remote worker... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 28, 2023

He can apply for a work permit when he arrives in the US on K-1 visa. He can also apply for an EAD when he applies for AOS after you get married. I suggest you work with an immigration attorney to figure out the timing

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2 Answers | Asked in Immigration Law for New Jersey on
Q: Is it possible for me as a US citizen to invite a foreign citizen to the US who is not a family member to immigrate?

Is there anything I can do as a US citizen to help his immigration process?

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

Immigrating to the US requires more than just an invitation. Schedule a paid consultation with an immigration attorney to analyze the options

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2 Answers | Asked in Family Law, Immigration Law, Adoption and Child Custody for California on
Q: Can I Adopt My Goddaughter From Mexico if I Have Been Providing for her over 3 Years?

My Goddaughter lives in mexico with her parents, but they had financial problems due to Covid-19 and I have been providing everything she needs during the past few years. Her parents are willing to relenquish her custody to me, but I want to know if I could leagly adopt her and bring her to the US.

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

You can find information on intercountty adoption from this link: https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/Mexico.html

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2 Answers | Asked in Employment Law and Immigration Law for North Carolina on
Q: After one received its stamp I-94 at the border with classification DT; Alien what is next? which forms if any to fill ?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 26, 2023

The DT class of admission on your I-94 indicates that you were allowed to enter the US under the Visa Waiver Program (VWP) for a temporary period of up to 90 days for business or pleasure.

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I send a 2nd sponsor affidavit to Immigration without getting the okay.

My husband had his visa interview already, but they need my w2. I don’t pay taxes but the first sponsor does. I send 1099 for both of us, and uploaded another sponsor affidavit without getting the okay. Do you think they will accept it?.

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

Include an explanation as to why you are submitting documents from a 2nd joint sponsor

1 Answer | Asked in Immigration Law for Massachusetts on
Q: What to expect when leaving the US after overstaying a visa?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 23, 2023

Overstaying for more than 180 days but less than one year would subject one to a 3 year bar from returning to the US. Overstaying for 1 year or more would subject one to a 10 year bar from returning to the US.

2 Answers | Asked in Immigration Law for California on
Q: My I-94 admission class is DT.Can I get a green card on an EB1A talent visa without leaving the US.Or only the 589 form?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 23, 2023

More facts are needed to give you a meaningful answer. Schedule a private consultation with an immigration attorney

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1 Answer | Asked in Immigration Law for Illinois on
Q: Does a J-2 visa holder have to abandon its study program at the start of the 30 days grace period?

If a J-1 visa falls of status due to shortening of the program, and its J-2 dependents are already enrolled in a public school (say kindergarten), would they still be allowed to attend during the 30 days grace period given to leave the country?

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

J-2 dependents can no longer study during the 30-day grace period. They may remain in the U.S., but must exit before the grace period ends.

2 Answers | Asked in Immigration Law for Texas on
Q: I recently became a US citizen, can I apply green card for my mother, who arrived in the US on July 2023 with a B2 visa?

My mother (I am her biological daughter) arrived in the US on a B2 tourist visa for the second time on July 4th, 2023, and I am a US citizen. Can I apply for her Green Card before 90 days ( DO NOT FOLLOW 90 DAYS RULE, because my purpose is save time for the green card process) arriving in the U.S... View More

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

You can file I-130 and she can apply for I-485. I suggest doing this after 90 days from arrival. Better to work woth an immigration attorney.

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2 Answers | Asked in Immigration Law for Florida on
Q: I’m F-1 student, can I work remotely outside the US during my OPT, for a US based company?

I checked the last guidance from USCI and ICE and it says work remotely in OPT is allowed but it doesn’t specify if it’s outside or inside the US

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

When you are outside the US, you technically don't need an OPT EAD to work for a US based company

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4 Answers | Asked in Immigration Law for California on
Q: What is the best course of action with Adjustment of status?

My fiancé and I plan on getting married soon but he is on a b-2 visa. Should he leave the country during the process or wait in the country till the process is complete.

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

He may be able to wait and adjust status in the US. More facts are needed to assess the course of action. I suggest you work with an immigration attorney.

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1 Answer | Asked in Immigration Law for Maine on
Q: Extending a visitors visa

I have a friend who has a visitors visa to come meet up with me for a couple of weeks. Can they stay with me the entire 6 month on the visa if they choose to?

How hard is it to extend the visitors visa if they are staying with me?

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

Yes, they can stay with you for the entire 6 months. The visitor status can be extended depending on the reason. I suggest you work with an attorney.

1 Answer | Asked in Immigration Law on
Q: I am from Sudan, I recently applied for asylum in the united states and still pending.

i would like also to apply for temporary protected status to receive work permit faster. Will applying for TPS affect my asylum case

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

TPS will not affect your asylum case

1 Answer | Asked in Immigration Law for New York on
Q: My employment authorization card would expire in December 2023. It's a family based application.

Now, what's the next step towards the real Green-Card?

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

If your employment authorization is pursuant to a pending family petition based adjustment of status application (AOS), you will get your green card upon approval of the AOS.

2 Answers | Asked in Immigration Law for California on
Q: What is the best way for an illegal immigrant with a college degree to get a working visa to start working in the U.S?
Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Aug 20, 2023

Consult in private with an immigration attorney to see if you qualify for employment authorization as illegal immigrants may need to take a different route or meet certain exceptions

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