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Immigration and Nationality Law


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Carlo Franco L. Borja is a licensed attorney in California and is authorized to represent clients in immigration matters nationwide. Based in Southern California, the immigration law firm serves clients mainly in Los Angeles County, Orange County, San Bernardino County and Riverside County including, but not limited to: Agoura Hills, Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell Gardens, Bellflower, Beverly Hills, Burbank, Calabasas, Carson, Cerritos, Claremont, Commerce, Culver City, Diamond Bar, Downey, Duarte, Eagle Rock, El Monte, El Segundo, Gardena, Glendale, Glendora, Hawaiian Gardens, Hawthorne, Huntington Park, Industry, Inglewood, Irwindale, La Habra, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lawndale, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Monrovia, Montebello, Monterey Park, Norwalk, Palmdale, Palos Verdes, Paramount, Pasadena, Pico Rivera, Pomona, Redondo Beach, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, Temple City, Torrance, Vernon, Walnut, West Covina, Hollywood, Westlake Village, Whittier, Anaheim, Brea, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Niguel, Mission Viejo, Newport Beach, Orange, Santa Ana, Stanton, Tustin, Westminster, Adelanto, Chino, Chino Hills, Colton, Fontana, Hesperia, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Rialto, San Bernardino, Upland, Victorville, Corona, Eastvale, Hemet, Indio, Lake Elsinore, Menifee, Moreno Valley. Murrieta, Norco, Perris, Palm Springs, Riverside, Temecula and surrounding areas. Filipino Immigration lawyer representing clients in all US states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming. 
A preference category relative may apply for a green card in the U.S. provided he or she is still in valid non-immigrant status at the time of the adjustment of status application unlike an immediate relative who may apply even if he or she is out of status provided that he or she entered legally as explained above. If no longer in valid status, a preference category relative may still apply provided that he or she meets the eligibility requirements under INA 245(i).
If the preference category relative is abroad, he or she would need to apply for the green card at the U.S. embassy in his or her home country once the priority date for the petition becomes current.
If you are a U.S. citizen or green card holder who wants to file a petition for a family member to become a green card holder, the Law Office of Carlo Borja can assist and guide you throughout the process so feel free to contact our office.
  • Third: (F3) Married Sons and Daughters of U.S. Citizens
  • Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens
A. (F2A) Spouses and Children of Permanent Residents
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent
If an immediate relative is in the U.S., he or she may apply to get a green card in the U.S. by filing for adjustment of status concurrently with the immigrant petition or after the immigrant petition is approved. If already out of status in the U.S., an immediate relative may generally still be allowed to get a green card in the U.S. provided he or she entered legally. If the applicant entered illegally or without inspection or arrived on C or D visa, he or she may still be allowed to get a green card provided he or she meets certain requirements under INA 245(i). Each case is specific and there may be other ways for obtaining the green card in the U.S. such as first applying for parole-in-place for relatives of military personnel so it is best to consult with an immigration attorney who could analyze the factual background of the applicant’s case.
If the immediate relative is abroad, he or she would need to apply for the green card at the
U.S. embassy in his or her home country after the application is processed by the National Visa Center.
Preference Categories
There is usually a waiting period before an immigrant visa number becomes available for the relatives listed below since Congress has limited the number of relatives who
may immigrate under these categories:
  • First: (F1) Unmarried Sons and Daughters of U.S. Citizens
  • Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents                                                                                                                
  • Spouse
  • Unmarried children under the age of 21
  • Parents
Family Based Petitions
A U.S. citizen or lawful permanent resident (i.e. green card holder) may file a petition with USCIS for a family member to obtain a green card. There are certain requirements that must be met which include, but are not limited to, proving relationship and showing the ability to support the sponsored relative. Moreover, waiting times to get the green card vary depending on whether the petitioner is a U.S. citizen or green card holder, the relationship of the petitioner to the beneficiary, and the country of nationality of the beneficiary.
Immediate Relatives of U.S. Citizens
Immediate relatives are afforded special immigration priority so they do not have to wait in line for a visa number to become available for them to immigrate since Congress has allowed for an unlimited number of visas for their particular categories. 
Immediate relatives of U.S. citizens include the following: