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Aggie Rachel Hoffman

Aggie Hoffman’s Answers

2,497 total


  • I'm looking for an immigration attorney.

    I live in Amsterdam, NY and I'm looking for an affordable immigration attorney to answer my questions and help me to put my documents in order to submit for thebAdjust of status. Tthanks!

    Aggie’s Answer

    Do a search at this Avvo site. You can also check with American Immigration Lawyers ASSn (aila.org).

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  • My friend was convicted of shoplifting in CA. He has green card. Can he get citizen?

    He was in the middle of his citizenship prosses. He did his finger print appoinment. And while he was waiting for his appointment with the citizenship center, he commited shoplifting. But since it was his first time he did a 6 hour program and cas...

    Aggie’s Answer

    If this is his first offense, and it was a petty theft, he falls within an exception under Calif law. Going to the appointment with a certified copy of the Final Disposition is a must. If you friend is very insecure and fearful, it is best that he retain the services of an immigration lawyer to accompany him to the interview.

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  • H4 ead application

    I am on l1b which expires soon. I have india vacation planned. I have few questions: if i file for conversion to h4, can my spouse travel to India when my conversion is in progress. If i travel with him and get my h4 stamped. Can i apply for ead...

    Aggie’s Answer

    Yes, your H-1B spouse may travel to India while your H-4 Change of Status (COS) is pending. As for employment authorization, and H-4 is eligible only after an I-140 of the H-1B spouse has been approved. The H-4 consular stamp makes no difference.

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  • I will get lay off on September 6 2015 with Employer A. Employer B can file transfer after September 6th ?

    Employer A layoff Sep 6 th 2015, Employer B give me Offer latter and start document

    Aggie’s Answer

    If you know you will be laid off, Employer B can can file for the transfer now, and could have done it earlier, noting a future employment date..

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  • I'm waiting for my permanent resident card. I just got stamp in my passport. can I leave the country? I want to travel to Europe

    I'm waiting for my permanent resident card. I just got stamp in my passport. can I leave the country? I want to travel to Europe

    Aggie’s Answer

    If you have an I-551 stamp in your passport, you may travel. These have been largely discontinued but are available for emergency reasons through an InfoPass appointment. If your travel is not urgent, I recommend that you wait, as the cards are produced and mailed within 2 weeks of approval of your case.

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  • Is Domestic Battery 720 ILCS 5/12-5(a)(2) Conviction/Probation/Supervision in Illinois a Deportable Crime for an LPR Alien?

    I know that "Domestic Battery 720 ILCS 5/12-5(a)(1) - (Causing bodily harm to any family or household member)" Conviction/Probation/Supervision in Illinois is a Deportable Crime. Does the same applies to "Domestic Battery 720 ILCS 5/12-5(a)(2) - (...

    Aggie’s Answer

    It would likely depend on the facts of your case and the penalty for Section 5(a)(2) offense. Consult an immigration lawyer in IL and take the court transcript and judgment with you.

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  • Is a marriage certificate issued by a religious body in India acceptable for the i-130 requirement?

    I am a US Citizen who has been married to an Indian citizen for over 3 years. My husband is currently living in India and received his passport recently. I have been traveling between both countries as my husband is unable to meet me here. His pas...

    Aggie’s Answer

    Religious marriages are generally recognized by the USCIS. However, if there is a process in India to register such documents, you should do so. It is not too late, and you may need it if the USCIS issues a Request for Evidence (RFE).

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  • US custom denied entry to my spouse who has US Visitor Visa. I am a green card holder. We have approved I-130 petition for her.

    Initially, my girl friend (now my wife) first entered US on visitor visa on Dec 27, 2013. We got married in US on April 10, 2014. We filed for I-130 petition on May 5, 2014, it was approved in Aug 2014. My attorney advised not to file for visitor ...

    Aggie’s Answer

    A pending I-130 or even an approved I-130 does not give permission to remain in the US in B-2 status. It is not correct that your wife did not need to file for an extension. If she had a return ticket, she may have been granted an extension. There is not much that can be done at this point because neither your status or hers can overturn the seeming immigrant intent.

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  • When a second employer can file an H1B application for concurrent employment, only starting from April 1, 2016 or at any time?

    I have H1B status (part time) with my current employer. Have an offer for a full time position from a second employer.

    Aggie’s Answer

    Because you already have an H-1B visa, a second employer may file on your behalf at any time. He does not have to wait until April 1.

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  • Change of employer, i140/1485 pending

    perm filed dec 2013 i140/485 filed Aug 2014 Changed employer in july 2015 no progress in my case, beyond normal processing time since 3 months, 2 service requests filed, no response, is my i140 valid ? Can my previous employer ca...

    Aggie’s Answer

    I agree with my colleagues that you have serious issues. If you have been out of status for 180 days, you are now accumulating unlawful status. You need to consult with an immigration lawyer without delay.

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