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Jeffrey Adam Devore

Jeffrey Devore’s Answers

6,520 total


  • 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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  • H1B extended until 2016 on approved I140, but now USCIS revoked I140. What happens to my H1B status?

    I applied for PERM and got my labour approved. Later applied for I140 and got that approved as well. In 2013 my 6 years H1B completed and so i applied for an extension based on approved I140. H1B extension was approved and now I have a valid H1B u...

    Jeffrey’s Answer

    Generally speaking, your H-1B petition will continue to be valid unless it is revoked by USCIS as it is a separate matter then the I-140 revocation. What options are available and the best one to take will depend upon the specific facts of your case. This forum is not the place to get individualized advice. Consult with an experienced immigration attorney who can review your case with you and make appropriate recommendations.

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  • I have an H1 extn. with my I 140 and last week my I 140 got revoked by USCIS stating my employer was unable to pay wages.

    Hi - I have recently got an H1 extension (completed 6 years) with my approved I 140 and last week my I 140 got revoked by USCIS stating my empoyer was unable to pay wages. 1. What happens to my current h1 Visa as my I 140 is revoked. i st...

    Jeffrey’s Answer

    Generally speaking, your H-1B petition will continue to be valid until it is revoked. However, if you have reached the 6 year cap and your I-140 was revoked, it would appear you have no basis for an H-1B extension or change of employer. Consult with an experienced immigration attorney who can review your case and advise you as to the options available and how best to proceed.

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  • Immigrant Visa Landing - can the dependents land separately after the primary applicant has done so?

    Received IV visas - can the dependents (children) land separately in other ports-of-entry after the primary applicant has landed? Or does the entire family have to land together at the same place at once? Thanks in advance.

    Jeffrey’s Answer

    Dependents issued accompanying immigrant visas are not require to enter the United States at the same time as the principal alien or at the same port of entry. However, the principal alien must be admitted first. The dependents can thereafter follow through the validity date of their respective visa.

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  • N400 on hold for security check

    I filled my application in July and I did my finger print on September 2014 and Couple days ago I talked with an migration officer and told my application in on hold for security check and he can't predict when it will finish since this one is...

    Jeffrey’s Answer

    Generally speaking, naturalization interviews are not scheduled until after intial security and background checks are completed. Some checks, of course, talk longer than others depending on the subject and men generally take longer than women (men have more required checks then women do). What amount of time is reasonable for the process to be completed depends on the facts of a given case.

    Consult with an experienced immigration attorney who can reveiw your case with you and advise you what to expect and the options available to move your case forward.

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  • Can my wife's problems such as studying, depression and fear of flight help me naturalize on time at all?

    I am an LPR since September 2013 and my wife is USC. We both started studying in Germany since April 2012. We got married in US on Dec 2011. My wife could not finish her Bachelor in USA due to our financial problem and she has to work all the time...

    Jeffrey’s Answer

    Generally speaking, under these facts you're not even close to being eligible to naturalize. You are spending far and away the majority of yoru time outside the United States. In most cases, an applicant for naturalization must be physically presen inside the U.S. for at least half of the requisite residence period. Moreover, any trip outside the U.S. in excess of 6 months presumptively breaks the continuous residence requirement.

    You should consult with an experienced immigration attorney to make a formal determination and what can be done so you can reatin your residence due to your extended absences from the U.S.

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