Jeffrey Adam Devore's Answers

Is a Colombian divorce valid in Florida for immigration purposes?

Generally speaking, in order to determine whether a foreign divorce is valid for immigration purposes, USCIS applies the law of the state where the divorce is being used to support an immigration benefit. In this case, the State of Florida. Under Florida law, one party to the divorce must have been residing in the state for at least 6 months prior to the filing of the divorce petition. Applying this law to the Colombian divorce, your wife was not residing in Colombia at the time of the...

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Immigration

There is no requirement that you be married for any specific period of time. There is no reason for you to stay in a marriage you no longer wish to be in. <http://www.avvo.com/attorneys/33410-fl-jeffrey-devore-1278586.html>

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My dad became a U.S. citizen and he is trying to make me a resident. Is it possible for my husband to become a resident also?

Assuming that you and your husband have entered into a lawful legal marriage then your husband can be included in the petition filed by your U.S. citizen father. ----------- Jeffrey A. Devore, Esq. Board Certified Immigration Attorney Devore Law Group, P.A. 2925 PGA Blvd., Suite 204 Palm Beach Gardens, FL 33410 Telephone: (561) 478-5353 Facsimile: (561) 478-2144 Skype: jeffrey.a.devore email: jdevore@devorelawgroup.com web: www.devorelawgroup.com

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Typical fee charged by immigration lawyer to apply for an extension of stay on behalf of a client with a visitor's visa to US?

Sorry to hear of your wife's troubles and I hope all is now going well. However, this forum is not the place to quote a legal fee and doing so is inappropriate. You should consult with an experienced immigration attorney who can review the facts of the case to determine exactly what needs to be done. Once that is clear the attorney should be able to provide you with an estimate of the anticipated legal fees and costs.

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Immigration Attorney Ethics Question

The attorney cannot be a party to perpetrating the fraud. Ethically, the attorney must withdraw from representation. The attorney would not be able to disclose the reason for his withdrawal as it would be prejudicial to his client. Even if the client admits the fraud to the attorney, the attorney cannot disclose it as the discussion is protected by the attorney/client privilege. That being said, just because a married couple does not reside together does not mean the marriage is a sham....

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I am currently on L1 Visa, working for some company. Some how trapped in Felony battery, accepted guilt. Can i apply for H1 B

Felony battery is a deportable offense and generally considered to be a crime involving moral turpitude and possible an aggravated felony as a crime of violence.. Your employer can certainly file an H-1B petition for you as grounds of inadmissibility/deportability are not relevant when it comes to adjudicating the petition. However, but as noted above, you appear to be subject to deportation while in the United States and also appear to be inadmissible to the U.S. should you travel and/or...

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Can I be denied of entry at LAX because I applied for DV lottery?

Assuming the immigration inspector believes that you continue to be a bona fide visitor and maintain a foreign residence you have no intention of abandoning, the fact that you registered for the DV lottery should not preclude your admission to the U.S. as a visitor. <http://www.avvo.com/attorneys/33410-fl-jeffrey-devore-1278586.html>

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How many years is an alien deportable under the INA §237 (a)(1)(B) (overstaying tourist visa).

It appears that your father was ordered removed in absentia due to his failure to appear. In such a case he is subject not only the typical 10 year period of inadmissibility but to separate a 5 year period of inadmissibility due to the absentia order. Both periods would begin to run from the date of his departure from the U.S. However, the 5 year period can only waived upon a showing that his failure to appear was "reasonable." More facts are needed to fully evaluate this case. The fact...

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My Uncle Filled I-130 for my Family in 1988 and my parents came in US on 2002.

Well, you have good news and bad news here. The bad news is that the state of the law is that you cannot claim the 1988 priority date according to the Board of Immigration Appeals. However, this issue is being litigated in Federal Courts so it may change in the future, but that is far from clear. The good news is that you appear to be grandfathered under section 245(i) by the petition filed by your Uncle on behalf of your father/mother since you were a dependent on that petition. You do...

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Activist being detained in airport right now: urgent : being returned to Syria facing death

If he is afraid to return to his home country then he can request asylum while at the airport. He can be detained, but must be afforded a credible fear interview by CBP. The interview will be conducted by a USCIS officer so it may not take place for a few days so detation is a likely result. If the alien's story appears plausible he will be allowed to remain in the U..S. during the pendency of his asylum proceedings. However, he will most likely be detained during this process. Consult...

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