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Norma Hoffpauir’s Answers

6 total

  • I have one and half years of experience in IT (Oracle developer) field. While I studied and got my degree in CiVil (M.S)

    I am applying H1 B completely different field than what I study. Does it make any serious impact to H1 B. More chances of rejection ?. Currently holding Stem extension OPT Thank you

    Norma’s Answer

    Often there is a mismatch in the degree requirement and the degree that an applicant holds. In such cases, one can get a combined degree evaluation (if holding multiple degree) or evaluation of a degree and any additional postgraduate work or combined experience and education evaluation to assess whether one has a degree required for the offered position. There are some credible evaluation companies that can make an assessment for a nominal charge before you pay for the evaluation. We process degree mismatch cases all the time and it is not an anomaly. Difficult by no means implies impossible. Do contact an experienced attorney to get the needed guidance.

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  • Naturalization: Is returning the N-445 in order to reschedule an Oath Ceremony absolutely necessary?

    My husband was scheduled for his Oath Ceremony this coming Friday, October 26. However, due to an impromptu business trip, he will be out of the country for the next two weeks. I mailed a letter to the Baltimore Field Office stating this fact an...

    Norma’s Answer

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    You still have time to send the N-445 to USCIS via fedex (overnight delivery) and note that you previously neglected to send the N-445 and it is enclosed now. I suggest refiling if the prior request did not contain sufficient information to identify the case or was not sent by means to track the delivery. Be sure to include all of case information on the request--full name, date of birth, case number, A number, date/place of oath and when the applicant expects to be in the U.S. so that another date is not given while the applicant remains abroad. Also, indicate duplicate request in the heading and enclose a copy of your previous request that was sent without the N-445. In the alternative, the applicant can make an infopass appointment as suggested by another colleague.

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  • Is the new immigration rule approved yet?

    My husband entered ilegaly and I want to see if he can get his green card the safest way he can. I have been waiting for the new rule, which is that his petition or waiver is answered here in the US and not out of the US. Is it an active rule no...

    Norma’s Answer

    I agree with my colleagues. It may be prudent to start collecting supporting documents/information while you wait for the implementation of the final rule.

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  • I have received my appointment letter for my form I-485, what next?

    We filed for spouse immigration letter, had my finger print for code 3, now have received my letter for interview, what should we do in preparing for this day?

    Norma’s Answer

    You will need just about everything that is listed on the interview notice and you need to prepare well for the interview. Interviews are conducted thoroughly to ascertain eligibility--whether the foreign national entered and remained in the U.S. legally, bona fides of marriage, ability to support, etc. It may be prudent to at least consult with an attorney and then determine whether you need someone to go with you to the interview. Depending on the facts of the case and immigration history/status of parties, etc., there may be more than one interview.

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  • We did receive a request for evidence from USCIS, form I-864. My spouse has 48.000.00 for 2009, 16.000.00 and 43.000.00 is it ok

    We are asked to send the form I-864 in support of our application at USCIS, she has 48k for 2009, 16k for 2010 and 43k for 2011, the household number is 5, is it okay for us to use her alone or seek for additional sponsor?

    Norma’s Answer

    If the total number of family members in the household is five then the poverty guidelines require a minimum income of $33,762 per year from the sponsor. If the petition was filed in 2011 or 2012 then you should be fine, using the tax return from 2011, assuming the sponsor has declared all of the income on the tax return in the amount of 43K. You can check the poverty guidelines for 2012 at http://www.uscis.gov/files/form/i-864p.pdf

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  • Can petitioner with R1 visa enter USA after I-360 petition approved? if yes. can apply visa interview here for status adjust?

    non-profit organization sponsor for the master to get green card. I-360 petition has been approved. wish to have interview in USA. master currently has R1 visa expire in mid summer.of 2012. Can master enter USA now? can master apply visa interview...

    Norma’s Answer

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    The Department of Homeland Security (DHS) Appropriations Act of 2010, signed by the President on Oct. 28, 2009, extended the Special Immigrant Visa Category for Non-minister religious workers until Sept. 30, 2012. This law allows for religious workers to get green card and has yet to be extended. Although it has been extended in the past, there is no guarantee that it will be extended.The approved I-360 is time sensitive and the approval should be reviewed to ascertain if it was processed for consular processing or filing of adjustment of status. If consular processing was not requested, another filing must take place to request consular processing and that can take a long time.

    Generall, R-1 entry requires a non-immigrant intent and the issues related to such an entry in light of an approved I-360 (which shows immigrant intent and contradicts having a non-immigrant intent) require consultation with an experience immigration attorney. I have handled R-1s and I-360s for multinational, large religious organizations and can tell you that there are no guarantees in US immigration process. Port of entry, duration of prior R-1 stay, country of birth, etc. should all be reviewed to develop a strategy for same for each individual case. This is not a legal advice and should not be relied upon as such.

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