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Hendrik Tjaart J Pretorius

Hendrik Pretorius’s Answers

205 total


  • I overstayed tourist visa and about to marry a us citizen will that change my status

    I overstayed my visa and i got a us citizen pregnant and were about to be married and after that i wanna petition 2 of my kids (one-11 and one 15) am i gonna be legal now and how long will it take for it to be fixed? thanks

    Hendrik’s Answer

    Merely starting the process by filing the immigration paperwork will not put you in lawful status right away. You are however eligible to file a case for permanent residency (conditional) if married to a U.S. Citizen. There are other facts that are needed however related to your immigration history and other matters that may affect your eligibility to receive a green card.

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  • Automatic visa revalidation with u.s. visa expired more than 4 years (F-1 OPT travel to canada for 3 days)

    I came from China to study as a graduate student in the U.S. 5 years ago and haven't left the U.S. ever since I came. My U.S. visa expired 4 years ago. Currently I am on F-1 OPT and with a full-time job. Can I drive to Toronto, Canada for 3 days a...

    Hendrik’s Answer

    • Selected as best answer

    There is much useful information on the following DHS government website, http://www.ice.gov/sevis/travel/faq_f2.htm#_Toc81222014.

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  • My asylum got denied because I did not respond to intent to deny letter. I am still in student status.

    I want to reopen a asylum case. Just want to get some idea

    Hendrik’s Answer

    More information is needed however in general you will not be able to again apply affirmatively for asylum in most instances but instead will most likely have to proceed in immigration court once you no longer have visa status and apply for asylum as a form of relief from removal. You should speak with an immigration attorney about this as it is incredibly important to understand all consequences of actions surrounding this matter before you decide how to proceed.

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  • Can I transfer B2 - H1-B?

    I was in the US on a b2 visa from feb - aug 2011. During this time i was contacted by an h1b consulting firm and they offered me h1b sponsorship. Some US immigration attorneys advised me that i need not leave the US and a change of status from b2 ...

    Hendrik’s Answer

    This exact question has already been posted and answered. Please see my answer on your other post.

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  • Out of status for 8 months then returned to home country. How can I re-enter the US in the future (if possible at all)?

    I was out of status for 8 months when I was on a student visa, then I came back to my home country. I was told there is no absolute bar from being readmitted to the US because my I-94 was only for D/S. However, I'm not sure whether I can actually ...

    Hendrik’s Answer

    I would discuss this with a qualified immigration attorney as there are more facts needed. For example, it is necessary to know what you mean by "out of status"? Did you stop attending classes, did your program end, where you actually ever found to be out of status by an immigration judge, etc.? The general rule is that if you have been found to be out of status for between 6 months and 1 year and you then leave the U.S., you will have a three year bar that you will have to overcome before being allowed back into the country. This bar however may not apply in your case.

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  • Are b2 to h1 transfers possible in the US? Have i been cheated by my h1b sponsor ? what action can i take on this?

    I was in the US on a b2 visa from feb - aug 2011. During this time i was contacted by an h1b consulting firm and they offered me h1b sponsorship. Some US immigration attorneys advised me that i need not leave the US and a change of status from b2 ...

    Hendrik’s Answer

    It is not possible to say whether of not you have been cheated based on the facts provided. In terms of your current situation, you will able to apply for a new H-1B visa on April 1, 2013 when the next H-1B visa quota cycle begins. As you know, to file a valid case you will need a valid professional level job offer from a U.S. company and will have to satisfy various other H-1B requirements.

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  • 6yrs later on H1b went to India n came back in USA on h4 within a month . Can I file after a year h1b/ GC directly?

    My wife is a nurse working for a hospital ,I couldnt continue with my h1b coz of my wife was pregnant and after new borned twins .Can I file for H1b after a year or GC direclty without having H1b? MY wife has filed her GC since a backlog is huge...

    Hendrik’s Answer

    Good Day Sir,

    You can file a GC application (or at least the beginning of such an application) at any time, whether you are in the U.S. or not. If you want to file it while you are in the U.S. so that you can await your priority date to then file for your actual permanent residency, then you will need to have a valid underlying non-immigrant visa. There are only very few, limited exceptions to this rule. If you are outside the U.S. and okay with waiting abroad for the process then you can file for the GC at any time. There are of course many considerations to take into account related to qualifications for certain GC paths.

    It is also worth noting that there are specific rules that allow H-1B visa holders to remain in the U.s. beyond the normal 6 year limit, however these require that have started an employment based application for permanent residency in one of several specific forms based on certain timing requirements.

    There are many issues that need to be considered in order to choose the best course of action and speaking with an immigration attorney should be your first step to creating a strategy.

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  • My father was deported after being in US for over 30 years What are his chances of coming back into US legally?

    My father in 1975 received green card. 1979 he Was apprehended and charged w illegal entry as he gave a fake name and never produced his green card he went to district court 1981 after serving his time in jail was released and set free he was char...

    Hendrik’s Answer

    It is not clear but is sounds like he has been removed from the U.S. on more then one occasion? If that is true then there are additional grounds of inadmissibility that need to be dealt with, see INA 212(a)(9) and related language. Options may also hinge on whether he wants to attempt to re-enter on a non-immigrant visa or if he wishes to enter as permanent resident. This case will be very fact intensive and needs to be discussed with experienced immigration counsel.

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  • I 765 RFE Response review since 60 days.

    Hello previouly also i posted here , i'm posting again because there is an update from my side . I 765 catagory c 3 b. f-1 student -applied on April - 30th and Receipt date was May 02nd. RFE Received after 98 days i.e on Aug 08th 2012. and r...

    Hendrik’s Answer

    I agree that the USCIS will not reimburse your filing fee. You could follow up again with the customer service line and also submit a written inquiry to the appropriate USCIS office stating that you have inquired before and still do not have a decision. It is difficult to guess why there may be a delay as we do not have enough information related to your case.

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  • Waiting for H1 B petetion decision. Planning to file H4

    1) I was on an L2 visa. L2 got revoked as my husband changed his status from L1 to H1 on 13 Oct. 2) I had also filed an H1B petetion when my L2 Visa was valid (in June 2012) and currently waiting for the decision. 3)I want to avoid going back t...

    Hendrik’s Answer

    I agree with my colleagues that you do not want to keep filing petitions and have multiple pending at the same time as this can and likely will complicate matters for you. You should discuss the options with an immigration attorney, pick one path, and then follow that strategy.

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