Hendrik Tjaart J Pretorius's Answers

Hendrik Tjaart J Pretorius
San Francisco Immigration Attorney.
Contributor Level 12

2

Attorney answers:

  1. Ann Massey Badmus
  2. Hendrik Tjaart J Pretorius

Can a U.S. citizen marry and legalize an illegal alien without the immigrant going back to his country

Asked by a user in Pittsburgh, PA - over 3 years ago.

The answer to this question would depend on several factors. One important factor would be what you mean by "illegal alien." If you mean that the person entered the U.S. without a valid visa then his opportunities to adjust status will be severely limited. If however you mean that the person entered the U.S. on valid visa status and then overstayed the visa then this is a different situation. What is certain however is that merely marrying a U.S. Citizen does not automatically make a person...

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2

Attorney answers:

  1. Hendrik Tjaart J Pretorius
  2. J Charles Ferrari

I am wanting to move to Canada and get married, what is the best process to manage this move?

Asked by a user in Oxnard, CA - 10 months ago.

Although you have a valid question you need to direct this inquiry to immigration lawyers located in Canada as we deal with people wanting to immigrate to the U.S.

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Attorney answers:

  1. Hendrik Tjaart J Pretorius
  2. Richard Forrest Gould-Saltman
  3. Stephanie Farr White

Is marrying an illegal immigrant for money so they can get a green card s crime

Asked by a user in Covina, CA - almost 3 years ago.

Do not even consider getting into any marriage fraud situation. Marriage fraud is an extremely serious offense which in part has potential criminal consequences equating to up to 5 years imprisonment and $250,000 in fines. You can do additional research by looking at the following regulation, 8 U.S.C. 1325(c). Again, this is not something you should even consider getting involved in. Hendrik Pretorius, Esq. www.los-angeles-immigration.com

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2

Attorney answers:

  1. Carl Michael Shusterman
  2. Hendrik Tjaart J Pretorius

As a permanent resident, how do I update my marital status with USCIS?

Asked by a user in San Francisco, CA - almost 2 years ago.

Good Day, If you got your LPR status through marriage then any change in your marital status may affect you in terms of when you can apply for citizenship. Apart from that there is no need to update USCIS. Note that this information is merely intended as background information and not to be taken as legal advice. Additionally no attorney-client relationship is hereby created. Regards, Hendrik Pretorius Attorney at Law Pretorius Law Firm www.pretoriuslaw.com Telephone: 408.510....

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2

Attorney answers:

  1. Carl Michael Shusterman
  2. Hendrik Tjaart J Pretorius

I have tourist visa, and i have master degree, how can i search for employers who gives h1b visa ??

Asked by a user in San Jose, CA - almost 2 years ago.

Good Day, I see you are also in San Jose :) Apart from merely finding an H-1b employer note that there are other necessary requirements that you can begin preparing. For example, if your degree is from a foreign university then it would be advisable to get a degree evaluation completed and to make sure that other H-1B requirements are satisfied such as consideration of which positions would qualify. Additionally note that if you want to remain in the U.S. while you H-1B visa processes you...

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2

Attorney answers:

  1. Hendrik Tjaart J Pretorius
  2. Ekaette Patty-Anne Eddings

How to get a pardon from immigration for illegally entering the country?

Asked by a user in Monterey, CA - almost 2 years ago.

Good Afternoon, I see you are located near Salinas as we are. Your husband might not even need a waiver if he is 245i eligible. In order to be 245i eligible and be able to pay a penalty fee to complete adjustment of status from within the U.S., and thereby avoid the 10 year bar he could be subjected to he would have had to have an approvable family based or employment based case filed on his behalf, or as a derivative beneficiary, prior to April 30, 2001 and would have to show presence in...

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Attorney answers:

  1. Hendrik Tjaart J Pretorius
  2. Philip Alan Eichorn

I got married in Vegas without a K-1 Visa, what steps do I take?

Asked by a user in California - almost 3 years ago.

As previously suggested it is a good idea to speak with an immigration attorney as the difficulty with cases of this nature often arises out of the immigration service's (USCIS) concern about preconceived immigrant intent, meaning that you entered the U.S. a month ago planning on getting married and remaining in the U.S. The problem with this is that if you entered on a tourist visa for example, and USCIS believes you entered with an immigrant intent then in their eyes you have committed a form...

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Attorney answers:

  1. Hendrik Tjaart J Pretorius
  2. Leon Ben Hazany

Immigration

Asked by a user in Los Angeles, CA - almost 3 years ago.

To add to the previous attorneys post, if you are both serious about getting married, and you wish to get married here in the U.S. then the K-1 visa is one of the options to consider. The K-1 visa is for the fiancee of a U.S. citizen who wishes to enter the U.S. for the sole purpose of getting married to the U.S. citizen petitioner withing 90 days of entry into the country. There is also a K-2 visa available for any dependents. Note that this is not intended to be legal advise but merely...

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Attorney answers:

  1. Hendrik Tjaart J Pretorius

Procedure for adjusting immigration status if entered on a tourist visa that is now expired

Asked by a user in Costa Mesa, CA - over 3 years ago.

Good Afternoon, The best option for your friend really depends on a number of facts specific to her situation. I would advise having her set up a consultation with an immigration attorney to consider all her options. The fact that she is not currently in valid visa status also creates additional difficulties and concerns about the 10 year bar to entry if she were to leave the U.S. and attempt to re-enter. I assume that she entered with parents when was seven years old, so her parents...

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Attorney answers:

  1. Hendrik Tjaart J Pretorius
  2. J Charles Ferrari

What comes first/ or what should u get first : a social security number or a green card

Asked by a user in Harrisburg, PA - 10 months ago.

You should definitely have at least a consultation with an immigration attorney to explain to you the various issued involved with your situation. Without a valid non-immigrant or immigrant visa which allows you to obtain a social security number, you will not be able to get one. Further if you are currently here without visa status there are a number of issues you need to discuss with an immigration lawyer in order to determine whether you have any options available to you before you file a...

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