Hendrik Tjaart J Pretorius’s Answers

Hendrik Tjaart J Pretorius

San Jose Immigration Attorney.

Contributor Level 12
  1. Deferred action

    Answered almost 2 years ago.

    1. Hendrik Tjaart J Pretorius
    2. Robert Henry Beer
    2 lawyer answers

    Agree with my colleague. This is one of the concerning issue and a reason why it is difficult to completely get behind the program and advise it without hesitation to all qualifying individuals. There just isn't any real certainty.

    1 lawyer agreed with this answer

  2. What should my friend do? Adjustment of Status or Consular Processing!

    Answered almost 2 years ago.

    1. Carl Michael Shusterman
    2. Hendrik Tjaart J Pretorius
    3. David N Shomloo
    3 lawyer answers

    Agreed. In most cases I prefer AOS as the individual can get the assistance of an immigration lawyer to attend any interviews or hearings if the case gets to that stage. Being able to have an immigration lawyer prepare and explain certain situations directly to an immigration officer with the ability to appeal as stated before, is a major advantage. Of course AOS is not always possible.

    1 lawyer agreed with this answer

  3. H1b- to F1 change of status, PhD, (Travel to india)

    Answered over 1 year ago.

    1. Hendrik Tjaart J Pretorius
    2. F. J. Capriotti III
    2 lawyer answers

    You will be in H-1B status, assuming you are still working with the company and complying with all H-1B requirements, until you either get a change of status approved or until you apply for a new visa and it is issued at the local consulate/embassy. Obviously if the I-94 date has been reached then it will also lapse. Having withdrawn your prior COS should not impact your future application however I suppose there is a remote chance that the Officer may ask you about that initial filing and why...

    1 person marked this answer as helpful

  4. My green card application got rejected. Need expert advice.

    Answered over 1 year ago.

    1. Hendrik Tjaart J Pretorius
    2. J Charles Ferrari
    3. Gintare Grigaite
    4. Dhenu Mitesh Savla
    4 lawyer answers

    The degree equivalency issue often presents problems in the EB-2 and EB-3 context. It is important to recognize that, although not logical, the degree equivalency standards are not applied in the same way between the H-1B and EB contexts. Also, the USCIS interpretations on these types of matters tend to change over time. Note that even if an EB applicant supplemented a Bachelors degree with another degree to try and get the equivalency needed for an EB-2 petition this will normally fail. The...

    1 person marked this answer as helpful

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

    Answered almost 4 years ago.

    1. Carl Michael Shusterman
    2. Hendrik Tjaart J Pretorius
    2 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered almost 4 years ago.

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

    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...

    1 person marked this answer as helpful

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

    Answered almost 5 years ago.

    1. Hendrik Tjaart J Pretorius
    2. Philip Alan Eichorn
    2 lawyer answers

    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...

    1 person marked this answer as helpful

  8. Immigration

    Answered about 5 years ago.

    1. Hendrik Tjaart J Pretorius
    2. Leon Ben Hazany
    2 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered over 5 years ago.

    1. Hendrik Tjaart J Pretorius
    1 lawyer answer

    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...

    1 person marked this answer as helpful

  10. Student visa for someone whose immigration petition was filed last year

    Answered over 1 year ago.

    1. J Charles Ferrari
    2. Hendrik Tjaart J Pretorius
    3. Shah Iqbal Nawaaz Peerally
    4. Luis Alberto Guerra
    4 lawyer answers

    This could make it more difficult to enter the U.S. however as the waiting period is so long I would consult with an immigration attorney to get help in preparing to convince the officer that this stay is temporary in nature. The burden of proving this will be on your sister.