Skip to main content
Aggie Rachel Hoffman

Aggie Hoffman’s Answers

1,937 total


  • Can I go back to my country and come back with my employement authorization?

    I'm in the green card processing and just received employement authorization.

    Aggie’s Answer

    If you also filed for Advance Parole (I-131), your employment authorization card should state that it is valid for travel. If you did not file the I-131, you should do so now and must wait until it is approved before you leave the US, because by leaving without it, you will not be able to return and will have abandoned your pending I-485 (the green card process).

    See question 
  • Can I File a Petition for my Partner Even if I'm Only Receiving Workers Compensation for the Last 10 Years ...

    Got married in New Zealand last year and now wants to move back to the US with my same sex husband, will my immigrant visa petition be successful even if I'm on workers compensation indefinitely due to permanent injury and also being just below t...

    Aggie’s Answer

    If you have relatives who are willing to also sign and Affidavit of Support (I-864), immigration can be granted. However, to assure a smooth and successful process, you should contact an experienced immigration attorney.

    See question 
  • Can I apply for a green card (i.e. my company will file EB3) when I have applied for permanent residency of another country?

    I am currently on an H1B visa and my company would like to file for my green card.

    Aggie’s Answer

    Yes, your employer can file on your behalf, but it is a long process, beginning with a PERM labor certification. You will likely need an extension of the H-1B during the process. It does not matter if you are trying to obtain permanent residence elsewhere. You are still eligible to apply in the US.

    See question 
  • Regarding Self sponsored B2 Visa

    Hi My husband has filed for H1B extension, and it is taking time. Hence I am planning to get tourist visa and visit him. Currently I am working. So can I just go for visa interview with my bank statements, salary slips, tax details,NOC from em...

    Aggie’s Answer

    The H-1B petition belongs to your husband's employer, not your husband. The best approach is for your husband's employer or his attorney to file an I-907 requiring expedited processing (15 days). Since your husband does not yet have his H-1B extension, it is unlikely that the US consulate would issue you a B-2 visa.

    See question 
  • What would be some reasons my citizenship application wouldn't get approved?

    What would be some of the reason the USCIS would deny my application. I've never committed any crimes or anything like that. I have a son who is a U.S. Citizen he is 4 I can't leave him here his dad left us so now it's just us 2. I'm 21

    Aggie’s Answer

    Without reviewing your application and the facts of your case, it is not possible to tell why your application was denied. Consult an experienced immigration for a thorough review of your case and your history.

    See question 
  • Immigration judge terminated my removal proceedings without prejudice what should I do next ?

    I130 approved I filled i485 with uscis the same time with the reopen motion do I have to fill it again advice please

    Aggie’s Answer

    Termination means that you are no longer required to return to immigration court. It also means that your I-485 can likely be processed by the USCIS. Under your circumstances, however, you should consult an immigration attorney.

    See question 
  • I'd like to know if I could apply for an adjustment of status (Form I-485)

    I live and work in Venezuela. I'm married and have 2 kids under the age of 14, My family and I have a dual citizenship (Venezuelan and Italian). My father is an US citizen and petitioned me and my family back in July 2010 (I-130). My I-130 was app...

    Aggie’s Answer

    Adjustment of Status (AOS) is a process limited to the US. However, entering the US with a B-2 visa for the purpose of filing AOS will be construed as a misrepresentation. Moreover, you must have a current priority date and be in lawful status to be eligible to file for AOS. As your priority date is July 2010 and the current Visa Bulletin indicates that visas in your category (married son of US citizen/ F3) has reached only 2004, you have another 6 years of waiting. You cannot legally remain in the US for that time length. It is best for you to consult an experienced immigration lawyer to discuss other options that may enable you to live and work in the US while you wait.

    See question 
  • F1 student seeking guidance on divorce laws

    I am student on F1 visa in Minnesota. I got married in my home country 12 years back and got separated from my estranged spouse 2.5 years back. Neither of us have filed for divorce in our home country but I wish to now apply for divorce in US. Wha...

    Aggie’s Answer

    Yes, you may file for and obtain a divorce in the US even though your wife is in your home country. You should consult a family law or matrimonial lawyer in Minneapolis as the divorce law vary from state to state.

    See question 
  • Can I fill I-485 form with expired visa?

    I come in USA 2012 with visit visa B1/B2,my visa expired in 2013. I didn't go back to my country b'se i was pregnant.my husband is us permanent resident.he has almost 4 years in USA.in February/2014 we filled I-130 form in 3 months later we reser...

    Aggie’s Answer

    If you are out of status, you do not qualify to file form I-485 until your husband becomes a US citizen. He will be eligible to file his N-400 90 days prior to his 5 yrs as a lawful resident. If he does not have long absences from the US, no criminal convictions, and passes the naturalization test, his N-400 should be approved. As soon as he is sworn in, you can file your I-1485 based on your approved I-130.

    See question 
  • My mom just got married to her US citizen boyfriend! Will she be able to sponsor me ?

    Im 25 yrs old not married! I'm here and legal with DACA. Thank You

    Aggie’s Answer

    Yes, your mother may sponsor you once she has her resident card. However, you will be subject to a quota. Assuming that you are from Mexico, the current wait for unmarried son of a lawful resident (F2B) is backlogged to April 2005, a 10 year wait. You can check visa availability in the monthly Visa Bulletin.
    Your step-father does not qualify to petition for you because he married your mother when you were over 18. Hopefully, there will be other relief made available for those in DACA status. However, because you entered without a visa and have likely been here for more than one year, you will not be eligible to adjust status in the US, and will be required to consular process in your home country. However, by leaving the US, even for the purpose of picking up your green card, you will become inadmissible for 10 years, unless you qualify for a waiver of inadmissibility.
    You should consult with an experienced immigration lawyer for a full evaluation of your required immigration process.
    You can check the Visa Bulletin for progress in the quota system for Family classification F2B.

    See question