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Jeffrey Adam Devore

Jeffrey Devore’s Answers

6,515 total


  • What happen if AOS from VWP is denied? Is applicant deported right away? Are there any options such as appeal, MTR,,etc?

    What happen if AOS from VWP is denied? Is applicant deported right away? Are there any options such as appeal, MTR,,etc? This is just a question out of curiosity and anxiety. Also, if there isnt much evidence due to the shor time between the wedd...

    Jeffrey’s Answer

    As an initial matter, if you entered the U.S. using he visa waiver program then you can only adjust status as an immediate relative. Notwithstanding, adjudication of a relative petition has noting to do with your current immigration status. If you have concerns about the specifics of your case, consult with an experienced immigration attorney who can review your case with you and advise you how best to proceed.

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  • US embassy left Yemen and my wife I-130 pending for 18 months.Will the US embassy in France give my wife a visa to enter the US?

    I am a US citizen. My wife is a Yemeni. We got married 6 years ago after I moved back to Yemen for a job. In 2013 Yemen got dangerous with terror threats and the embassy sent alerts to US citizens to leave Yemen. I made an I-130 petit for my wife...

    Jeffrey’s Answer

    Something appears to be missing from your fact pattern. If the petition was sent back to USCIS by the American Embassy then presumptively your wife had an immigrant visa interview and the consular officer found something that was problematic and returned the petition to USCIS. In such cases it can take more than a year before USCIS acts on the case by issuing a Notice of Intent to Revoke. If your wife was never interviewed then something more serious could be wrong since USCIS would not have reopened an approved petition unless it received derogatory information.

    There is obviously a long history to this case and more facts are needed before any advice could be provided. You should schedule a consultation with an experienced immigration attorney who has experience dealing with consular visa refusals and/or revocations. Many attorneys will conduct consultations via telephone or Skype for clients outside their local area.

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  • Is it better to withdraw I-600 or ask USCIS to make decision of evidence they already have since there are not more documents

    to prove child's orphan status

    Jeffrey’s Answer

    Generally speaking, the answer to your question really depends on the facts of the case. If there is clear ineligibility then withdrawing a petition/application may be the best option. However, withdrawing can waive various rights an applicant/petitioner may have, including any appellate rights or giving up a priority date. Many, but not all denials are without prejudice to the filing of a new application, but just because you can file a new application does not mean that other eligibility problems can arise as a result of the previous withdrawal and/or denial.

    You should consult with an experienced immigration attorney who can review your case and advise you how best to proceed given the specific facts of your case.

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  • 18 months of 3 years for naturalization

    Here is my question. When does the required 18 months (548 days) physical presence start? A- The day I received my green card? OR B- Starting 3 years before the day I file the N400? I am married to a US born citizen. Never left the countr...

    Jeffrey’s Answer

    • Selected as best answer

    For naturalization purposes, you must satisfy the physical presence requirement in the period immediately preceding the filing of your application. For example, if you file your application on April 1, 2015 then you must satisfy the physical presence requirement beginning from April 1, 2012 (assuming you are applying as the spouse of a U.S. citizen living in marital union) or April 1, 2010 if you are applying under the general provision. There are, of course, other requirements for naturalization such as continuous residence and good moral character as well.

    You should consult with an experienced immigration attorney who can review your immigration history and determine whether you are eligible and if not, what steps you should be taking to ensure your eligibility at the earliest possible date. Some times making minor changes to future travel plans can make a significant difference when it comes to eligibility.

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  • School claim my status was valid, government says otherwise, what to do? sue the school?

    I was enrolled in a Master program starting Jun 2011, I was a full time student till Feb 2012, after that I had (online courses) from May 2012 till Feb 2013 while working fulltime on w2 under CPT authorization, then on May 2013 I was back on campu...

    Jeffrey’s Answer

    • Selected as best answer

    More facts are needed in order to fully evaluate your situation and determine whether USCIS is correct or not. Just because the agency says something does not make it so and they make plenty of errors. You should gather all of your documentation and consult with an experienced immigration attorney who can review your case in detail and advise you how best to proceed. This forum is not the place to get individualized advice.

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  • Can I file adjustment of status myself If my husband died before he was able to file initial petition documentation?

    I came to the US legally as a tourist; married my U.S Citizen husband but then he died of cancer while we were just starting to put our package together. We never made it to completing the initial forms (I-130, I-485, I-765...etc) nor to submit a...

    Jeffrey’s Answer

    I'm sorry to hear about your loss. So long as you file within 2 years of your husband's death then you can do so through a self-petition. There are, however, other requirements. Consult with an experienced immigration attorney who has knowledge of the widow provisions and experience filing these type of cases for assistance..

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  • Green card for EB3 Professional worker

    In the case that during the PERM the company find a qualify US worker, the company is require to hire them ?

    Jeffrey’s Answer

    The purpose of obtaining a labor certification is to test the labor marker for willing, able and qualified employees. There is no requirement that an employer must hire a U.S. worker who satisfies these requirements.. If a willing, able and qualified worker applies for the position the employer is not required to hire the applicant. The government cannot make an employer hire someone. However, in such a case the employer could not lawfully reject the worker and therefore the labor certification application would be denied. The employer should consult with an experienced immigration attorney for assistance.

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  • Does my mom need to apply for a new B2 visa if she overstayed by less than 6 months?

    My mother overstayed her B2 visa by 4 months. We applied for an extension of stay before her departure but we made a mistake in the filing fee and sent the correct amount after the expiration date on the I-94. I received a notice from USCIS that h...

    Jeffrey’s Answer

    Once the application for an extension of stay was denied, your mother's visa was automatically revoked and a new visa is required for future travel. It may be possible to file a motion to reconsider but whether it is viable to do so depends on the facts of the case. Consult with an experienced immigration attorney for advice on how best to proceed.

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  • I got my green card true marriage, then divorce, I want to marry my girlfriend, will this affect my application for citizenship

    I married a USA citizen and the marriage didn't worked out and ended in divorce, however she sponsored me and I got a green card. My girlfriend is NOT USA citizen and just came to visit me in the USA from time to time (Flight attendant for a f...

    Jeffrey’s Answer

    Generally speaking, if your marriage was entered into in good faith, the fact that you divorced and remarried will not have any effect on an application for naturalization. Consult with an experineced attorney for individualized advice.

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  • An international airline pilot who was sent overseas over 912 days in 5 years can apply for citizenship?

    I'm an international airline pilot who fly overseas in a company missions. My employer is an USA company The nature of the business is 98% international flying. I live and I have maintained residence in the United Sales for th...

    Jeffrey’s Answer

    Generally speaking, an applicant for naturalization must establish that they have been physically present in the United States for at least half of the 5 year period (or 3 year period if married to an American citizen and living in marital union) immediately preceding the filing of the application. If you have been outside more than half of the 5 year period (i.e. 912 days) then you would appear to be ineligible at this time. Keep in mind, however, that any portion of the day spent in the United States counts as a day "in" the U.S. Thus, if yore arriving/departing the U.S. on your trips, the day you depart and the day you arrive are both considered days inside the U.S. for purposes of establishing physical presence.

    The Naturalization process, while seemingly simple on its face, is probably one of the most complicated aspects of U.S. immigration law. Consult with an experienced immigration attorney who can review your case and advise you how best to proceed.

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