Skip to main content
Jeffrey Adam Devore

Jeffrey Devore’s Answers

6,520 total


  • Together in the same home. We got back together Early 2014 after we realized we both fell victim with situation of his sister.

    I married my ex husband in 2010 in our country of origin but I am a U.S. citizen. After his plane ticket to come here was bought, certain things & events occurred between his sister & I in reference to him. I refused him when he arrived 02/2012...

    Jeffrey’s Answer

    There is obviously a long history to this matter which this forum cannot do justice. Suffice it to say, if you remarry you husband for love you can certainly re-petition for him, but should expect extra scrutiny. Additionally, the fact that he is before the Immigration Court changes how the case is processed by the government. Failure to properly follow the process can lead to an order of removal.

    You and your ex-spouse should consult with an experienced immigration attorney who can review the facts of the case with you, advise you as to the options available, and recommend how best to proceed.

    See question 
  • What should I do?? Go to the interview with his mother? go by myself?? or reschedule it?? Thank you

    Hello. I got married in December. We apply for my green card. In February my husband went to prison. I have an interview in 20 days. What should I do??

    Jeffrey’s Answer

    USCIS cannot deny a marriage petition solely because your husband is in prison and unable to attend the interview if you can establish that your marriage was entered into in good faith. However, this is an unusual situation and the USCIS officer will probably be uninformed about this and look at your case as an easy one to deny because your husband has failed to appear and testify in support of the petition he has filed. There are also affidavit of support issues that need to be considered.

    This is not something you should be handling alone. If you are not represented by an attorney or have lost confidence in your attorney, you should consult with and retain an immigration attorney who has experience dealing with this issue immediately. Time is of the essence.

    See question 
  • Once I file application for parents green cards can they enter u.s as tourists? Once issued when do they have to move here?

    Parents divorced, live in southern Africa, have British citizenship. Retired with property, bank acct etc overseas.

    Jeffrey’s Answer

    The answer to your question will depend on their intent a the time of travel, i.e. whether they can establish non-immigrant intent which is required of bona fide visitors. Consult with an experienced immigration attorney for more information.

    See question 
  • I have a 10 years green card can my husband or me can file a petition to bring my parents here in the U.S.Thank You

    I already got my 10 yrs green card this year is there any possibilities that I can petition both my parents?

    Jeffrey’s Answer

    Unfortunately the answer is no. Only an adult son or daughter who is a U.S. citizen over 21 years of age can petition for a parent. It will therefore be necessary for you to become a U.S. citizen before you can petition for your parents. Generally speaking, one must be a resident for 5 years before applying fro naturalization, but those aliens married to U.S. citizens who received their residence based upon their marriage and continue to live in marital union may apply after 3 years. There is also a 90 days early application window available under certain circumstances. Consult with an experienced immigration attorney for more information.

    See question 
  • I have to shoot myself in the foot

    Entered US on Apr 08, 2001 with B2 visa in 2002 registered for Pakistani citizens I was put in court proceedings Filed for asylum - denied Got my final orders in 2005 Appeal was also - denied Never left the country In 2...

    Jeffrey’s Answer

    Generally speaking, if you departed the United States with an outstanding order then you self-deported. That was the end of your removal proceedings. Since you were paroled upon your return and are married to an American citizen you appear to be eligible for adjustment of status in conjunction with a waiver of inadmissibility to waive the 10 year deportation period. There should be no need to consular process.

    Since you are not currently holding a valid advance parole document, departing the United States will result in your not being able to return and the abandonment of your DACA status. if you are not prepared to be separated from your family and spend a significant amount of time abroad then you should not leave without advance parole in hand. if you have a true emergency, it may be possible to expedite your advance parole request, but more facts are needed in order to make that determination.

    Your case obviously has a long history and this forum is not the place to get individualized advice. Unfortunately you do not have confidence in the attorneys you have spoken to or you would not have been asking your questions here. You should consult with an immigration attorney who has experience dealing in cases such as this and can review the facts of your case in detail and advise you as to the best way to proceed.

    See question 
  • My daughter did not disclose that she was married when I, an LPR, petitioned for her; now I've become a USC.

    I petitioned my adult single daughter 2 years ago. I was an LPR and she told me she had not married. My daughter never disclosed to me that she was married at the time I filed the petition. She then got divorced during this process. I became a ...

    Jeffrey’s Answer

    Unfortunately, nothing is going to change. A lawful permanent resident can only petition for an unmarried child (regardless of age). Since your daughter was married at the time the petition was filed she was never eligible to begin with. That does not change because you later became a U.S. citizen. A beneficiary must be eligible a the time the petition was filed until he or she enters the United States.

    You need to file a new petition on your daughter's behalf. Since she is married she will be eligible under the family 3rd preference. As you have found out there is much more to immigration then just filing forms. Consult with an experienced immigration attorney who can make sure that the case proceeds without further delay.

    See question 
  • Can my husband, an LPR, file an I-130 for my minor child who lives overseas?

    My husband is an LPR; we have been married for a while. I have a son in my native country who is 12 years old. I would like to know if my husband could petition my minor child, since my husband and I got married when my child was 8 years old. T...

    Jeffrey’s Answer

    Yes, your husband can petition for your son because he was under 18 years old at the time you were married. Your son therefore qualifies as his stepchild for immigration purposes.

    However, if your husband has already petitioned for you then your son was included in your case. This is true even if you have already become a permanent resident as your son can be issued an immigrant visa to join you in the United States. There are, however, pitfalls in this area of the law as it is very fact specific.

    Consult with an experienced immigration attorney who can review the facts of the case with you, advise you as to the options available, and the best way to proceed.

    See question 
  • Do I need to fill out form I-212?

    I just petitioned for my father to have him move to the US. We have already been approved by the NVC and I already submitted his application. But after looking over the types of documents I still need to mail to NVC, I noticed if a person has been...

    Jeffrey’s Answer

    I agree with Mr. Jairam. Without knowing your father's immigration history in detail simply because he was deported more than 10 years ago does not mean that he will be issued an immigrant visa. There are many traps for the unwary. Consult with an experienced immigration attorney. The cost of doing so will be well worth the piece of mind you will have knowing what to expect and how to deal with it.

    See question 
  • Hello, i want to know if is possible get a L1 status in USA with my B1?B2 visa.

    Hello, i want to know if is possible get a L1 status in USA with my own business. I want register mi own business in USA. Now i have B1/B2 but i want change my status for be legal in this country. i am already in USA and i want do it reall...

    Jeffrey’s Answer

    Assuming you satisfy the requirements for an L-1 visa and a change of status application, you can change status from B-1 or B-2 to L-1. There are, however, advantages and disadvantages in changing one's status. Consult with an experienced immigration attorney for assistance in determining what's best for you

    See question 
  • Marriage-based conditional Green Card: How long before the interview will the interview date be notified to us?

    Applied for marriage-based conditional GG, did biometrics 2 months ago. How long before the interview does USCIS usually mail the notification with the interview date? Thank you

    Jeffrey’s Answer

    Generally speaking, for applicants who reside in the jurisdiction of the USCIS West Palm Beach Field Office, interview notices are generally received 3-4 weeks in advance of the interview date

    See question