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Jeffrey Adam Devore

Jeffrey Devore’s Answers

6,555 total


  • Can a person with a B1/B2 obtain an Authorization to Work if he opens a business in the U.S?

    My friend just arrived to the U.S as a tourist with a tourist/business visa good for six months. He wants to open a business here in USA; can he apply, and obtain an authorization to work? Thank you.

    Jeffrey’s Answer

    • Selected as best answer

    Generally speaking, with limited exceptions, an alien admitted B-1 or B-2 is not eligible for employment authorization. However, such an alien can certainly takes steps to open a business. That is distinct from "working" in the business (however crazy that may seem). If your friend wants to actually work in the business he will require an appropriate visa. What the best option will be for him will depend upon the specifics of his investment and number of other factors. Your friend should consult with an experienced immigration attorney who can review the facts of his case and advise him how best to proceed.

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  • What are the possibilities when USCIS sends an adjustment of status application (asylum based) to asylum office?

    Hello there! I have a pending I-485(Asylum based). I have not received a decision for over 18 months now. I know my case was sent to asylum office although they don't have jurisdiction over my case !!! USCIS response to my congressional inquiry ba...

    Jeffrey’s Answer

    You've been asking this question in one way or another for quite a while. Looking for free advice in this forum is not going to help you. As you've been told by many attorneys in this forum, you need to retain an immigration attorney who has extensive experience, including Federal Court litigation. Whether your case has been subject to CARRP will only be determined through litigation. Attorneys can't help a client unless the client wants to help himself by following the attorneys advice. Do yourself a favor and help yourself. Good luck.

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  • I have a green card that was issued in 1977. It was a replacement for a lost green card that was issued in 1969.

    My green card has no expiration date. Am I legally obligated to renew it?

    Jeffrey’s Answer

    Generally speaking, while certain green cards without an expiration date continue to be valid, if your last green card was issued in 1977, you have an obsolete version of the card (most likely form I-151) which is no longer valid. It must be replaced by form I-551, the most current version of which contains an expiration date.

    Consult with an experienced immigration attorney who can review your actual green card 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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  • Can you keep parents in another state and file adjustment of status for them???

    My husband wants to apply for his parents but they want to live in another state currently they r on visit visa they want to live in new york and we r living in Texas..they want to live in a rental or friend house in new york and want my husband t...

    Jeffrey’s Answer

    Assuming your husband is a U.S. citizen and at least 21 years of age he can certainly petition for them. The fact that they are planing on living in another state is, for the most part, of no consequence. Consult with an experienced immigration attorney who can review the facts of the case and advise you how best to proceed.

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  • How can I get the costs of a newly created business (E-2 visa, proportionality test)?

    I invested 100,000 in a new business. It is a business you don't have in the USA. I have to compare two figures: the amount of qualifyin funds (which are 100,000) and if a newly created business, the cost of establishing such a business.

    Jeffrey’s Answer

    In a startup business, the proportionality test is basically a comparison or how much you invested to what is required to normally start the business. As my colleagues have noted, E-2 visa regulations and adjudications are quite complex. You will do yourself well by consulting with an experienced immigration attorney who can review your investment to determine it's E-2 visa qualifications before you get stuck with something your cannot operate.

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  • 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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