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Aggie Rachel Hoffman

Aggie Hoffman’s Answers

1,794 total


  • Sua sponte motion to reopen (MTR) is denied by BIA

    I'm US citizen. My wife's ex-husband was unsuccessful in his asylum case for the past 10 years (they went through multiple appeals), my now wife was his derivative who did not testify in his case at all. I married her 2 years ago and we were gran...

    Aggie’s Answer

    Without reviewing the case in detail, it is not feasible to give an opinion on whether a 9th Circuit appeal would be successful . However, if the Motion to Reopen (MTR) is untimely, one does need to show more than eligibility for adjustment of status. Take your file to an immigration lawyer experienced in 9th Circuit appeals for a thorough review.

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  • Change of Status from L1 to H1

    I am working on L1 A and my husband has an L2 EAD. He is working on a job currently. We both had filed for H1-B (Cap) petition (Change of Status) individually in April. I have received my receipt number, but my husband has not received it yet :-( ...

    Aggie’s Answer

    You have already asked this question and it has been answered by several lawyer at this site.

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  • H-4 Status from L-2

    I have a question. I am working on L1 A and my husband has an L2. We both had filed for H1-B (Cap) petition (Change of Status) individually in April. I have received my receipt number, but my husband has not received it yet. Since USCIS Data entry...

    Aggie’s Answer

    Once your H-1B is approved, your husband can file for change of status. However, as an H-4, your husband will not be entitled to employment authorization.

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  • Filling I-130 and I-485

    Can i translate my own birth certificate? Do i need to notorize this? what are requirements for translation?

    Aggie’s Answer

    You should not be translator of your own document. However, any person who is fluent in the language of the document and English, can sign an affidavit so stating and adding that the translation is accurate and complete. The affidavit does not have to be notarized, but it should be dated and signed, with an photo ID attached.

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  • I want to apply for US passport but my birth date as it appears on my original brith certificate does not match with passport

    My Indian passport(s) displays incorrect birth-date (04-07-1968) instead of my actual birthdate (04-08-1968). When I went to renew my indian passport and requested to correct this detail, they said it doesn't matter if you have lived with this err...

    Aggie’s Answer

    Preliminary, it appears that your date of birth which is off by just one day may have been a typographical error. Affidavits from family members (mother and older siblings) should suffice. Also, if your school records have the correct date, they could be used, as well. Using them to correct your Indian passport is entirely dependent on the Indian issuing agency. On the other hand, it may be inadequate to correct your Naturalization, particularly if you used the incorrect date on your N-400. Retain the services of an immigration attorney to assist you.

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  • Green card does it get affected if you have a DV that had been dismissed with the condition of doing community service etc.

    DV degree 4 was charged but will be closed after completing free service and doing free community service. Will my green card application be affected. SOS is mentioned in the court paper.

    Aggie’s Answer

    I am not clear what is a DV. It sounds like has something to with driving, To accurately evaluate its impact on your immigration status, it is necessary to review the language of the charge and the court order. Also, "closing" the case is not necessarily the same as a dismissal. Consult an immigration attorney for assessment of potential impact on your immigration status.

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  • Copy of I-140 approval notice

    I have got my I-140 in my current company, but they are not willing to give me a copy of the I-140, citing that it is "company property". Is that the correct reason? Am I not entitled to even getting a copy ?

    Aggie’s Answer

    No, you are not. The I-140 is the employer's petition and contains information about earnings and profits or losses.

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  • Perm filed with DoL on April 15th 2015, 6 years of H1b expire of May 1, 2016. Would I get h1b extension beyond 6 years for EB2?

    Current perm processing time per https://icert.doleta.gov/ is 60 days and they are processing perms which got Analyst review from Oct 2014 and with audit view from Sep 2013. I do not expect any review, but was wondering if my perm is put under rev...

    Aggie’s Answer

    It is best that you discuss this issue and other relating to your case with the attorney of your employer.

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  • What visa is needed for a 16 yr. old S. African totally supported by me to attend our public school for the next two years.

    We have a 16 year old girl from South Africa living with us. We totally support her financially. She lives in our home, we have paid for all her clothing, food, transportation, medical bills , etc. According to PA state law this alone would all...

    Aggie’s Answer

    The first question is what is her immigration status? How long has she been with you? If she is out of status, she will have to depart the US and apply for an F-1 visa at the US consulate in her home country. The Consulate abroad will want persuasive evidence that she will return home after graduation, and will likely want to see her grades. My colleague above is of the opinion that she is not entitled to attend public school in PA, so you have a dual problem. You may have to consider a private school. Consult an experienced immigration attorney to assist you in evaluating the girl's visa eligibility.

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  • Can living in different states because of jobs affect removal of condition status?

    Me and my husband was living together when he came to the u.s. we moved to another state so we cud better our lives. however I applied with the department of corrections before I moved out of state. The job called me which I had to respond and st...

    Aggie’s Answer

    People do move for many reasons, one being better economic opportunities. Living in separate locations, however, does raise the question of whether the marriage is still viable and bona fide. You will need to gather lots of evidence, including joint tax returns, telephone records showing calls to each other, receipts for travel, joint credit cards, bank accounts, and current photos. Consult an immigration lawyer to assure that your case is well developed and without holes.

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