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Aggie Rachel Hoffman
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Aggie Hoffman’s Answers

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  • Is there a visa for gestational carriers and how can I bring someone here to the USA just to bear my children?

    Hi, I have had problems conceiving and the doctor said I should use a gestational surrogate. I have found a friend who is willing to be a gestational surrogate for me, but they are abroad. I was wondering if I could just have them apply for a visi...

    Aggie’s Answer

    To be successful in obtaining the B visa for medical purposes, the application and supporting documents will have to be obtained, carefully organized, and persuasively presented. Consultation with an immigration attorney is in order. To not attempt to do this alone, as once a visa is refused, overturning the adverse decision is an uphill battle.

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  • I want to know what my cousin can do to become a permanent resident of the Unites States?

    Hello, i have a family member who is an illegal alien who wants to become a permanent resident of the United States. On the USCIS website i read that someone could self petition themselves to become a resident through a job offer. If her boss is a...

    Aggie’s Answer

    I agree with my colleagues that a person who entered unlawfully and has remained in the US in unlawful status for a year, is not eligible to adjust status in the US. Instead (s)he must depart and apply for the immigrant visa at the US Consulate abroad. Such departure will trigger a 10 year period of inadmissibility. As far as having the employer petition, it depends on the nature and duties of the job and the experience of your cousin. As for self-petition, only a person with an advanced degree or its equivalence, or a person with extraordinary ability may qualify. The process is much too complex to even understand the details of the above processes. Consult an immigration lawyer.

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  • How can I get my us passport? What documents I've to send?

    I got my uscitizenship recently.

    Aggie’s Answer

    Download the application from the State.gov and follow the instructions. Your naturalization certificate and regulation photos are definitely requirements.

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  • J-1 to EB-2 Green Card

    I am currently on a J-1 Trainee visa (which requires 5 years of professional experience). My employer is willing to file an EB-2 for me. I hold a 4 year Bachelor's degree, and have a progressive work experience of 4 years (in my home country) and ...

    Aggie’s Answer

    You have not indicated your field of study, position, or experience. It is likely that your foreign experience will have to be examined by a credential evaluator to determine whether your foreign experience is "progressive", that is if you intend to file without PERM . Whether you file with or without PERM, your degree and transcripts will need to be evaluated for is US equivalent. You definitely need the assistance of an immigration lawyer.

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  • My parents has B1/B2 visa. I am the green card holder. Can I apply for my parents for the green card while they stay in the USA?

    My parents has B1/B2 visa and they can stay in the United States six month every year. Also, if I show that they have to stay more than six month for medical treatment during the visa processing. They got the visa for 5 years. Can I apply for my p...

    Aggie’s Answer

    No, as a permanent resident you are not qualified to file for a green card for your parents. As for filing medical papers, the basis better be genuine; otherwise, there would be visa fraud involved, a very serious offense.

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  • Do i need to file for I-765 when I am applying for green card?

    I am currently on OPT but offered a job. My opt expires in October and I am filing for green card on Monday. My question is: Do i need to file for I-765 along with I-485 or is it included in the application that i will receive EAD card?

    Aggie’s Answer

    You need to file a separate I-765 and if you want travelling privileges, also file an I-131. They should be filed concurrently with the I-485, but without a separate filing fee. Currently it is taking more than 3 months for these two applications to be approved.

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  • Can I sue USCIS to obey the US Code?

    USCIS continues to ignore the US Code in our case. They approved N-400 at initial interview based on my husband being employed by an American Trade company, which represents California companies in Poland on a contract stationing him abroad for 2 ...

    Aggie’s Answer

    You may always sue, but the question is whether your would prevail. Litigation in this instance would be in federal court which is a taxing project. The information you provide here and the documents you mention, need to be presented to an immigration lawyer in a private setting, not in a public forum such as this one. Upon an assessment of the detailed facts an opinion will be provided.

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  • How to show E2 money trail for taking a personal loan from a friend $80,000. Any list of required documents?

    Right-now I am in USA and my country is under E2 treaty. If I arrange funds from my friend who has a business in USA what type of documentation do We need to require other than tax returns. Can he give me a loan.

    Aggie’s Answer

    Without knowing the nature of your E-2 investment, I cannot comment on whether $80 is enough. Please also note that you may not use your E-2 business as a collateral for the loan. It is best for you to consult an immigration attorney.

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  • What all information need to be specify in "Letter of explaination for change of employment " for opt stem extension?

    recently i applied for stem extension for 17 months and after I received RFE from USCIS to submit 24 months opt I20 because of recent changes in stem opt. Meanwhile after I received RFE from USCIS i changed the employer so i'm not sure how i n...

    Aggie’s Answer

    This forum does not exist for the purpose of detailed discussion and problem solving of specific cases. Moreover, without knowing the particulars of your applications, it is not feasible to attempt to accurately evaluate your situation. Consult an immigration lawyer with all your documents and initial application for a review.

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  • What does the second interview mean?

    Dear attorneys, We have passed on 13 months on administrative processing from our visa interview held on June, 2015. Now after 13 months an e-mail has been received from the embassy " you have successfully registered your immigrant visa appoint...

    Aggie’s Answer

    I agree with my colleagues. If there is anything is your history that you omitted in connection with your visa application, you should discuss that with an experienced immigration attorney and prepare yourself for any upcoming appointment.

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