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Hendrik Tjaart J Pretorius

Hendrik Pretorius’s Answers

205 total


  • Denied visa for the 4th time in Guangzhou, China

    Hi, My niece in Guizhou China recently tried to apply for a visitor visa for the 4th time and the Consulate Office denied her again base on her Aunt who is my wife who came to U.S. with a visitor visa and married a U.S. citizen and stayed here in...

    Hendrik’s Answer

    Good Day. I would need more details on what type of evidence was presented to the consular officer at time of interview and to gather more facts about the specific situation. There may be a way to more clearly lay out evidence to the officer convincing them of the temporary nature of the trip and the fact that her life is well established in China. I would suggest setting up a time to see an immigration attorney whether our firm here in San Francisco or another local attorney. Good luck.

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  • Out of Status Since August. Can my girl friend sponsor me for a change of status while in US?

    I was on H1B. My employment with a company ended on 1st August 2012. Since then, I have been out of status and actively looking for employment. I haven't left US because my girl friend (US Citizen) is here and wanted to try my best to find employ...

    Hendrik’s Answer

    There are many details to consider and discuss with an immigration lawyer in this situation. The general rule is that in most cases, assuming you are not inadmissible due to past crimes, immigration violates, etc, you should be able to apply for your permanent residency through a USC spouse. Again, there are many issues that need to be discussed however to ensure that you would qualify for LPR status. Further, contrary to the advice you seem to have gotten before (unless there are facts not provided herein that I am missing), if you no longer work with the company that sponsored your H-1B you are most likely unlawfully present and accruing unlawful presence at this time which have their own set of specific rules to consider in making this all-important decision. I would suggest contacting an attorney in your local area whether our firm or another immigration attorney.

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  • Change of status from from F1 to F2 ?

    I am currently on my F1 status and i am getting married.My future husband is on OPT and his OPT period expires in 2014.His F1 visa expired in Dec ,2011.His OPT started in May 2012 After marriage can i change my status to as his dependent ,disc...

    Hendrik’s Answer

    You can file for a change of your status from F-1 to F-2 in this situation. However, there are certain considerations that need to be addressed prior to any such filing to ensure no issues arise during the USCIS processing. Such issues include ensuring that you have maintained valid F-1 status by attended school as a full-time student throughout your stay.

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  • Process of withdrawing application of admission in master hearing

    I am a permanent resident put in removal proceedings at the port of entry on charges of abandoning PR. Never stayed outside for more than 1 year. No crime record, no immigration history. Majority time spent outside every year, so it seems that my ...

    Hendrik’s Answer

    I agree with my colleagues that this type of immigration matter should be handled with an attorney experienced in immigration court proceedings. I would at least take the time to speak with an attorney to understand all potential risks involved with your situation to ensure that you in fact want to relinquish your LPR status as this is a big decision to make.

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  • Can I retract my TN?

    I am currently on H1B with Company A. A few weeks ago, my EB2-NIW was approved and I wait for my PD to be current. However, recently I received an offer from Company B, whom applied and got approved a TN visa on my behalf (and TD for my wife). I w...

    Hendrik’s Answer

    You can only hold one visa status at a time. As with all immigration law the answer to your question requires a deep understanding of all facts involved. Accordingly, without that our answers can only be general. So, if your change of status application from the H-1B to the TN was approved, then from the TN start date indicated in your petition you will be considered in TN status. I would contact an immigration attorney to provide more details regarding the start dates and so forth to see what could be done at this stage.

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

    I applied for EB2 green card sponsored by my employer. My application was approved and my I-140 was accepted and they asked me to get my fingerprinting done. Then I received another mail that they have not received my documents and so we sent the ...

    Hendrik’s Answer

    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 immigration service will apply a single-source degree approach meaning that they want to see your degree, standing by itself, is equivalent to a U.S. degree, and then if necessary that you have the satisfying additional work experience. I would contact an immigration attorney soon as this issue could be very problematic, especially due to your H-1B situation. This information is merely a general overview of some basic concepts although there are many nuances in this area as with most of immigration law.

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  • If green card was taken away in CBP and require for immigration court, can I still work in USA when waiting for the court?

    stay aboard more than 6 months, and green card maybe taken away. just wondering what is my status then, can I still legally work in USA?

    Hendrik’s Answer

    If you have a valid green card then it should not be taken away when you re-enter unless the USCIS believes that you have abandoned your residency and no longer consider the U.S. your residence. As a general rule, if you are outside the U.S. for more than 12 months and then try to re-enter you will likely be faced with a challenge by the immigration officer and have to prove to him/her that you have not abandoned your residency. If however you have been out for less than 12 months it is generally not an issue although you may still need to explain why you were out so long and whether you still have ties to the U.S.

    It is a good idea to discuss your situation with an immigration lawyer to be prepared for what you will likely face when re-entering. This is also a good idea so that a lawyer can consider whether there are other admissibility issues at play. I would do this quickly as you are approaching 12 months.

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  • RFE resposne review delay

    My H1B case filed with UCICS in april 2012 and got RFE. Submitted RFE response by 14th August. It is still under status of RFE Response Review after 50 days . How much time it would take to get approved?

    Hendrik’s Answer

    H-1B RFE cases are often pending for several months. We recently had an H-1B decision take almost 3 months for consideration after submitting the RFE response. Accordingly, although you may find some estimates, remember that they are just that, estimates. Make sure you do not make fixed plans to leave the U.S. for example as the processing times of these matters are often unpredictable.

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  • Will I be questioned at the immigration in the airport if I enter US soil if i have the following:

    - I left USA last January 2010 and went back to my home country because I was laid off and I am no longer allowed to stay in US because I was holding a working visa - i have outstanding US credit card debts which was last use approximately 2 1/2 ...

    Hendrik’s Answer

    It is unclear from your question whether you have applied and been issued a new valid visa for this entry or not. You need to contact an attorney and provide all the facts as you will have to present yourself for inspection and admission at the port of entry to show your valid visa (or if eligible to prove you qualify for the visa waiver program). Whether other issues will arise related to your credit issue will again depend largely on more specific facts related to what happened, what the charges are that were filed against you, what the disposition was, etc.

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  • Will my B2 Visa Extension RFE delay my case processing?

    I made some mistakes on the form (I539) - not big ones, but I could correct them. I called the 800 number and the guy I talked to suggested me to wait for RFE to submit additional information (he said if I upload additional document now - for exam...

    Hendrik’s Answer

    • Selected as best answer

    Withdrawing and submitting a new form may be an issue depending on when your current B2 status is set to expire. Remember that in order to file a timely I-539 this must be received by the USCIS prior to the date on expiration on your I-94, not to be confused with your visa expiration.

    An RFE will delay the process as this requires you to prepare a response however depending on the severity of the mistake there may not be any RFE. If the mistake is a material misrepresentation however then you will definitely want to inform the USCIS of this issue so as to avoid any potential immigration fraud concerns that could arise.

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