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Jeffrey Adam Devore

Jeffrey Devore’s Answers

6,620 total


  • Options for spouse to return to U.S. after deportation?

    My husband was just deported back to Europe. Our I-130 was previously approved, prior to filing the I-485 he was arrested. Two charges were dropped, and they withheld adjudication of aggravated assault & battery on a law enforcement officer (even ...

    Jeffrey’s Answer

    Unfortunately, as you found out, a withhold of adjudication is a conviction for immigration purposes and Aggravated assault and battery on a LEO is a crime involving moral turpitude and therefore a deportable offense (in most instances). What exactly needs to be done to get your husband back to the United States will depend on a number of different factors.

    At a minimum, your husband will require two waivers of inadmissibility to return to the U.S. One to waive his inadmissibility due to his criminal record and the other to waive the deportation period. He may also require a third due to unlawful presence.

    It is unfortunate that you had a bad experienced with your prior attorney. However you need to consult with an experienced immigration attorney who can review your husband's case, advise you as to the steps that need to be taken, and the best way to proceed. Look for an attorney who is Board Certified in Immigration and Nationality Law by The Florida Bar. Click on the link below for more information.

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  • I 485 for dependent

    I have applied my Green Card in employment category EB2. My priority date is current. My wife and son is in India and can not visit US due to personal reason. I would like to apply I-485 as AOS for my self and Counselor processing for m...

    Jeffrey’s Answer

    Your wife and son cannot be issued an immigrant visa until after you adjust status in the U.S. The cannot be done at the same time so you all receive your residence concurrency. You can, however, take steps to save time during the process. Consult with an experienced immigration attorney for further information.

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  • Asylum filled without my consent?

    1999 got in the us with a tourist visa, and someone i guess wanted to help me to get a green card filled an asylum for me but i refused .I did not filled an application, but i remember they took me for some fingerprint , I did not go to any inter...

    Jeffrey’s Answer

    There is obviously a history to your case and it will need to be investigated before an attorney can give you competent advice. This investigation starts with your scheduling a consultation with an experienced immigration attorney who can l.earn the facts of your case, advise you as to the relevant issues, and how best to proceed.

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  • How do I get a work permit?

    Hello , I'm a Spanish citizen which have a tourist status , I have found a job but the employer doesnt want to help with sponsorship he just told me to get back to him if I get a work permit , please I would apreciate any orientation about how I h...

    Jeffrey’s Answer

    You ability to obtain employment authorization depends on a lot of different factors including, but not limited to, your education and employment histories, and the type of employment you will be engaged in. Consult with an experienced immigration attorney who can learn about your case and advise you as to the options available.

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  • Is lease contract amount counted as a part of e-2 visa investment?

    When in the case of buying an existing business for e-2 visa, is lease contract amount accounted for the total investment? For example, if the rent of place is 5k per month, then yearly contract amount is 60k, and if 50k is the buying price of the...

    Jeffrey’s Answer

    The short answer to your question is no. A balance sheet liability is not an investment.. However, the Department of State will let you count the lease payments you have made, plus 3 months of future payments. Assuming you have made one $5K lease payment at the time of your application, you can count $20K as part of your investment ($5K + 3x$5K=$20K).

    E-2 visas are complicated. Consult with an experienced immigration attorney who can review your proposed investment to make sure it will qualify for an E-2 visa before you get stuck with a business you can't lawfully operate.

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  • Can my husband quit his job to come live with me if he is on an H2B visa?

    I am an American citizen. My husband is here on an h2b work visa. We are waiting to submit our paperwork (petition, work permit, etc). We want to do it once he comes to live with me. We are currently in different states. Can he quit his job and co...

    Jeffrey’s Answer

    Quitting his job will render him out of status and unlawfully present in the U.S. Best to consult with an experienced immigration attorney who can review the facts of the case and recommend an appropriate course of action to avoid any problems.

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  • Will my husband have to leave the U.S. if he quits his job on his work visa?

    I am a U.S. citizen. I will be petitioning/sponsoring him after he quits his job.

    Jeffrey’s Answer

    Most work visas are issued for the alien to work for a specific employment for a specific period of time. If the alien terminates the employment early then the alien is supposed to immediately depart the United States. How your husband's failure to do so will effect his ability to remain in the U.S. will depend on the specific facts of his case. Consult with an experienced immigration attorney who can review the facts of the case and advise you as to the best way to proceed.

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  • How to get a legal status, been out of status for 14 years

    I came to USA in 2000 as a student, after 2001 I couldn't able to continue my studies because of my financial issue , Since my father past away , there is no one there to support me financially. I have been working hot jobs and living my simple li...

    Jeffrey’s Answer

    Under the facts that you have presented you may not have accrued any unlawful presence so there could be options available to you, but without more facts it is impossible to tell. Consult with an experienced immigration attorney who can evaluate your case and advise you how best to proceed.

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  • Can immigration court venue be changed after respondent's appeal sustained and record remanded for consideration?

    Can motion to change venue be granted at this stage?

    Jeffrey’s Answer

    Since the case was remanded back to the Immigration Court a request to change venue can be entertained by the Court. Whether that is a wise thing to do and whether it will be granted depends on a number of different factors, the reason for the remand only being one of them. Hopefully you have a experienced immigration attorney representing you already. If not, you should consult with one.

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  • What happen with my visa in case I want to come back in the future?

    I entered with a B1/B2 visa which I have valid for 10 years and in the 6 months period applied for an Asylum and I overstayed waiting for the Asylum response from inmigration and at the end my assylum is denied and I have to go back. Do they cance...

    Jeffrey’s Answer

    The law provides that anytime you overstay an authorized stay in the United States the visa used to enter the U.S. is automatically cancelled. This does not apply in the case of when an extension of stay is requested and ultimately granted. If your asylum application is denied you will be placed in removal proceedings if your authorized stay has expired and you can renew your application before an Immigration Judge.

    Your case is a good example of knowing all of the consequences of applying for asyum in the United States. Consult with an experienced immigration attorney who can go over this and other factors you should consider before applying.

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