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Jeffrey Adam Devore

Jeffrey Devore’s Answers

6,620 total


  • Can something be done to get an LPR released from ICE Detention, pending a criminal appeal?

    My husband is in an ICE detention facility for a criminal drug paraphernalia conviction from 2015, the conviction is under a direct appeal in the court of appeals, and he has been granted 1 last extension from the Court of Appeals to file his Brie...

    Jeffrey’s Answer

    The issue you present is whether a non-final criminal conviction can support an order of removal. Prior to April 1, 1997, the answer was no. However, on that date Congress amended the definition of the term "conviction" as found in the Immigration and Nationality Act and the Courts of Appeals are divided as to whether a criminal conviction must be final to support an order of removal. Generally speaking, the law in the 9th Circuit (under which Arizona falls) is that a criminal conviction does not have to final to support an order of removal.

    Also generally speaking, an alien subject to removal due to a criminal conviction is not eligible for bond. You should consult with an experienced immigration attorney to determine what avenues of relief are available for your husband and the likelihood of his being released anytime. soon.

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  • Removing condition before 90 days

    I am removing conditions on my green card , it expires on 03/08/2016 I need to travel to Peru I am submitting my application next week what should I do ? What are my options?, do I have to ask a permit do re-entry on the meantime my husband and...

    Jeffrey’s Answer

    After USCIS receives your properly filed petition it will issue a receipt notice automatically extending the validity of your permanent resident card for 1 year while t processes your application. Thus, you can travel with this notice and your card. If need be, you can have your passport endorsed by USCIS as evidence of your continued LPR status and ability to work and travel. Consult with an experienced immigration attorney for assistance.

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  • If I marries my boyfriend and his a r c1/d visa holder can i apply for him to become a permanent resident

    If I marries my boyfriend and his a r c1/d visa holder can i apply for him to become a permanent resident

    Jeffrey’s Answer

    You can certainly marry him and petition for him to become a lawful permanent resident. The question is whether he will be eligible for adjust status in the United States. The answer to that question is whether he is considered to be a crewman or not. That will depend on the facts of the case.

    For more information on C-1/D and crewman issues click on the link below and consult with an experienced immigration attorney who can review the case and advise you how best to proceed.

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  • Can I attend immigration master calendar hearing without an attorney?

    Hi! My immigration case on asylum is being reviewed by Orlando Immigration Court, and my master calendar hearing date is coming up soon. Is it allowed to go to Master Calendar hearing without a lawyer? Will i be able to get an individual heari...

    Jeffrey’s Answer

    You can certainly represent yourself before the court, though it is not advisable. There is, however, an old saying: He who represents himself has a fool for a client.

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  • Will my status change

    If I was originally petition as an unmarried child sponsored by a permanent resident and after my petition I was married not to an american will that change my status or preference category?

    Jeffrey’s Answer

    A permanent resident can only petition for his or her unmarried child/son/daughter. If you married while the petitioner was a permanent resident then the petition is automatically revoked. It makes no difference if your spouse was not a U.S. citizen. It is the act of marriage which causes the revocation.

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  • Am I still eligible under Child Status Protection Act?

    My mom is principal Beneficiary for F 4 immigration file. my birth date is 3/SEPT/1992 chargeable country- PHILIPPINES Priority date- 28/FEB/1992 approval date- 09/APR/1992 Marital status:-- unmarried am i eligible for immigrant visa wi...

    Jeffrey’s Answer

    • Selected as best answer

    Generally speaking, you get credit past for the amount of time the petition was pending before approval by INS. Thus , it was approved approximately 40 days after it was filed so you would get credit for 40 days after you turned 21. Doing the math based upon the dates you have provided it appears you have aged out. Consult with an experienced immigration attorney who can review your documents to confirm.

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  • Can I sponsor my husband based on his earnings, as well as our savings and current assets?

    I am petitioning for my husband to gain an immigrant visa so that we can both move to the US. I am a US citizen, born in Florida. My husband is British & we both currently live in Europe. I'm currently in full time university (via open universi...

    Jeffrey’s Answer

    Generally speaking, for purposes of satisfying the affidavit of support requirement, you cannot count the alien's income except in very limited circumstances. You can, however, utilize assets to satisfy the requirement. However, the assets must be 3 times (for marriage based cases) the difference of the amount required. For example, if you are $10,000 short, you will need $30,000 worth of assets. You can also look at a co-sponsor or a combination of both.

    This can be a confusing area of immigration law. Consult with an experienced immigration attorney who can review the specific facts of your and and your husband's situation and advise you how best to proceed.

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  • Given my situation, how difficult would it be to obtain a new F-1 visa or an H1B visa?

    I overstayed my OPT by about 170 days. I am applying to PhD programs and will need a new F1 visa to come back. I also plan to apply to jobs so a H1B would be another way of coming back. I read somewhere that so long as you have not received an off...

    Jeffrey’s Answer

    There are a number of different issues in the fact that you present. One is if you accrued unlawful presence and the other the fact that you overstayed after your OPT ended. Most students maintain F-1 status do not accrue unlawful presence by overstaying though there are some exceptions to this rule. Notwithstanding, the fact that you overstayed will certainly be a consideration as to whether you are issued another F-1 visa or annoy other type of visa for that matter.

    You should consult with an experienced immigration attorney who can review the facts of your case and advise you of the specific concerns of your case and how best to proceed. Many attorneys will conduct consultations via telephone or Skype for clients outside their local area.

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  • What does that mean and if I reapply will it take another years to be processes?

    After revocation of my visa, I reapply for another visa and been told that it needed to process administratively. This administrative process took about three years. Last week I got an email saying that my application is administratively closed a...

    Jeffrey’s Answer

    This whole process needs to be taken in the context of why your original visa was revoked. If you reapplied for a new visa and the application was referred for administrative processing, it cannot just be administratively closed without an answer. Something is amiss. You should consult with an experienced immigration attorney who can review the facts of your case and advise you how best to proceed. Many attorneys will conduct consultations for clients outside their local area by telephone or Skype.

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  • Is it possible for a flight instructor to still be eligible for an H1b or H2b visa given the duties involve mainly teaching?

    I'm a licensed FAA commercial pilot and and I am currently training for a Certified Instructor Rating ( i.e. an Add-on that allows a pilot to teach others how to become pilots). There is a large demand in the US for flight instructors in particul...

    Jeffrey’s Answer

    The issue for an H-2B visa is whether the peitioning employer can satisfy the temporary need standard. In this case, that will depend upon the flight school. You and your prospective employer should consult with an immigration attorney experienced with H-2B visa issues to determine whether the H-2B may be a viable option for you.

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