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Jeffrey Adam Devore

Jeffrey Devore’s Answers

6,520 total


  • Deportation case

    My father came to USA in June 1998 on R1 Visa and was deported in June 2000 because he was working illegally in a Restaurant. His deportation documents said he can apply for visa after 10 years. He tried to get a visitor visa in March 2011 but den...

    Jeffrey’s Answer

    Since your father was deported he is inadmissible for a minimum period of 10 years from the date of his removal. This does not mean he can automatically come back once the 10 year period has run, which it appears to have has from the dates you have provided.

    Relevant issues include why was he deported (e.g. overstay, fraud because he was never really a religious worker,) the purpose of his trip to the U.S. and what ties he has abroad. Further, if there was a fraud issue that could make him permanently inadmissible.

    If your father was refused a visa the consular officer should have provided him the reason why in writing why his application was denied. This is often a form with a box or two checked. Your father should consult with an experience immigration attorney who can review his case in detail and advise as to the best way to proceed. Many attorneys will conduct consultations via telephone or Skype for clients outside their local area.

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  • I am a Cuban citizen working in China. Planning to use my B-1 tourist visa to get into US and apply for parole. is it possible?

    I am married with a Bangladeshi Citizen for more than 3 years now and both are on work visa in Beijing, China. My husband has 5 years of B-1 visa and for me 6 months that would be expired on Nov 7th, 2015. Can we use this tourist visa to get into ...

    Jeffrey’s Answer

    Generally speaking, it can be done. But keep in mind that your husband is not eligible. Best to consult with an experienced immigration attorney who can review your case with you and advise you how best to proceed. Many attorneys will conduct consultations via telephone or Skype for clients outside their local area.

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  • Naturalization and good moral character?

    I have a question regarding the Good Moral Character requirement. I have had my Green Card for about 7 years. I will be applying for Citizenship in about 1 year. Back in 2013, I moved from CT to VA. I lived in VA for probably 2 years. In that time...

    Jeffrey’s Answer

    Generally speaking, what you have described are not criminal offenses and will not effect your ability to naturalize. From what you describe you may be eligible for naturalization now. Consult with an experienced immigration attorney who can review the facts of your case with you, tell you what to expect, and recommend how best to proceed.

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  • I have a b1 visa but with yacht annotation. How can i cancel this annotation?

    I am a yacht crew but finishes already my contract. I want to viist my good friend but my b1 visa is with annotation.

    Jeffrey’s Answer

    You cannot change an annotation on your visa. It was placed there to clarify the purpose of your B-1 admission. If you have a combination B-1/B-2 then you can use the B-2 portion to visit your friend. Otherwise as a B-1 is a visitor for business you will have to apply for a B-2 visa to enter as a visitor for pleasure.

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  • Will a UK arrest warrant show up on an fbi immigration background check?

    I have read several different opinions on this so I'm a little confused

    Jeffrey’s Answer

    I agree with my colleagues. You need to take steps to resolve your outstanding criminal matter.

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  • Can we remove a detainer while in federal prison ?

    Hello, my friend is in federal prison for fraud charges sentenced for 7 years. They put a detainer on him ( he is a green card holder ) and will deport him once his criminal sentence is over . My question is : Is it possible to remove ( lift) the...

    Jeffrey’s Answer

    A detainer was lodged against your friend because the law requires that he be taken into immigration custody after completion of his criminal sentence. He is still entitled to a hearing before an Immigration Judge to determine if he should be deported.

    Your friends wife should consult with an experienced immigration attorney who can review your friends' criminal and immigration histories to determine what can be done to allow him to remain in the United States. The time to do this is now, not just become ICE commences the removal proceedings against him which may occur while he is detained.

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  • Married an American last year. Was only permitted 182 days stay in the States. Am a senior so do not want to work.

    What do I need to do to get into US for more than 182 days. I am not giving up any of my Canadian rights or medical.

    Jeffrey’s Answer

    Just because you married to an American citizen does not mean you can stay in the U.S. Indefinitely. Your spouse must petition for you to receive permanent resident status. Consult with an experienced immigration attorney who can review your particular situation and advise you how best to proceed.

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  • Replying RFE

    I am primary applicant of 485 and my son is dependent . USCIS sent an RFE for my son asking to establish relationship. I got his birth certificate. Can i, being a primary applicant send a reply to RFE to USCIS on my son's behalf? my lawyer is not ...

    Jeffrey’s Answer

    You hired a lawyer to represent you. When you say you "don't want to wait for him anymore" is that because you feel he is not doing a competent job or because you feel it's taking too long for him to prepare the response? Your lawyer knows the facts of your case, we do not. There may very well be a reason why he has yet to respond to the RFE or perhaps you are being impatient and unreasonable (in the lawyer's defense, that is not all that uncommon). That is not to say, however, that your belief is unreasonable. As I said, we don't know the facts.

    Responding on your own is most likely a big mistake. You shoudl discuss this with your lawyer. If you are unsatisfied with his response and have lost confidence then consult with another immigration attorney who can reveiw the specific facts of the case and advise you the best way to proceed.

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  • Am now filing for my unfiled tax return while i was still in status in 2009. Now am not. Will filing affect my green card proces

    Hi. I have filled for my green card 3weeks ago... In the paper work i stated am not working.. Am not working to be paying taxes . will me filing for my unfiled tax return while i was still in status affect my papers with immigration?

    Jeffrey’s Answer

    U.S. law requires that you pay income tax whether your working legally or not. That being said, you should always file your U.S. tax return. Generally speaking, the IRS does not report information to USCIS unless you are the subject of a crimjnal investigation. Whether yoru unauthorized employment will effect your ability to become a permanernt resident will depend on the basis for your application. Con sult with an experienced immigration attorney who can review your case, tell you what to expect and how best to proceed.

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  • F1 visa with 2 year rule apply for H1B

    I just completed my studies. My visa status is F1 with 2 years rule (212e). I wonder if I am eligible to apply for a H1B? With this H1B, I understand that I will be not allowed to obtain H1B visa stamp since my 2 year rule is not cleare...

    Jeffrey’s Answer

    • Selected as best answer

    I think you mean you are in J-1 status, not F-1. The two year foreign residence requirement only applies to J-1 Exchange visitors, not F-1 students. That being said, a J-1 alien who is subject to the two year foreign residence requirement cannot change status from from J-1 to H-1B or obtain an H-1B visa aboard until either a) the two year requirement has been waived; or b) the alien spends two years outside the United States in his or her home country.

    I suggest you consult with an experienced immigration attorney to determine if there is a basis for you to apply for a waiver of the two year requirement. Also, keep in mind that the H-1B visa quota has been exhausted and none are available with limited exception until October 1, 2016.

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