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Scott Douglas Devore's Answers
- 141 Legal Answers
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2
Attorney answers:
Is 245 (i) open again and if not when will it re-open for people to apply?
245(i) is often one of the most confused areas of immigration law. It is not an amnesty and it doesn't grant you status. All 245(i) is a mechanism that would allow a foreign national to pay a $1000 penalty on top of the normal filing fee and allow that person to adjust their status in the United States IF THEY ARE STILL OTHERWISE ELIGIBLE. The ability to obtain your green card while in the United States as opposed to leaving the United States is very important. People who have...
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3
Attorney answers:
My son is a legal permanent resident since 2000, and entered country in 1996 age 7, he got a drug possession charge 893.13.
The drug conviction will make him deportable as well as inadmissible to the US if he travels. He should absolutely not travel to the US. You don't say how he entered the U.S. but if he entered lawfully and then overstayed a visa for purposes of cancellation of removal for certain permament residents his lawful entry would begin his 7 year clock for continuous residence. If the day he committed the crime was more than 7 years after his first lawful admission and his crime is for possession...
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1
Attorney answers:
For how long Green Card holder should stay in USA before traveling back.
There is no bright line test. If she plans on being out for an extended period of time she should apply for a reentry permit. This will allow her to stay out longer than 6 months without abandoning her residence. I generally tell peope they should stay inside the US for at least as long as they were outside the US. In your example if out for 5 then in for 5.
5 people marked this answer as helpful
1
Attorney answers:
Reschedule naturalization interview
I always tell people that "Uncle Sam makes an appointment with you, you don't make it with Uncle Sam." I would not reschedule your interview. There is no guarantee that USCIS will agree to reschedule it and if they do it could delay your case for a long period of time. When you are at your interview they will ask you to update your trip list. The day of your swearing in they will ask you to update it once again. At the interview they don't take your passport or your greencard so you will...
6 people marked this answer as helpful
2
Attorney answers:
I married a usc,while on hol visa.I need to get drivers licence so i can work? We are afraid of immigration interview.
You need to make an appointment with a good immigration lawyer who can sit down with you and review your case. You've got potential fraud issues by not disclosing the criminal history. I say potential as it may or may not be material to your admission. Yes the age difference will set off a red flag so you would certainly want an attorney with you to protect your rights and those of your spouse. Leaving may only complicate the matter. Getting a driver's license doesn't give you employment...
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1
Attorney answers:
Doing business on B1/B2 visa and Denied Entry 7 years ago, now applying for K1 visa.
First, it is absolutely essential that you be truthful and hones. When you were denied entry were you allowed to withdraw your application or were you subjected to expedited removal? The answer to this question is going to determine your fate. You need to get copies of all the documentation from the time you were denied entry and discuss your case with an immigration attorney. The consulate already knows what happened. They are just waiting to see if you are going to disclose it and if not...
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2
Attorney answers:
RFE lost - Please advice
You need to send a letter to USCIS asking for not only an extension to reply but also a copy of the RFE. Whether they send you another one or not is going to be up to them. I would send your request certified mail return receipt requested and keep a copy of the letter so in the event you don't and you filie a motion to reopen you can show that you made good faither efforts to try to respond.
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2
Attorney answers:
Is there help out there for low income familys to get a visa
In the West Palm Beach, Florida area you can call the Legal Aid Society of Palm Beach County or Catholic Charities and if you qualify for their services they will often help you for free. You can get their telephone numbers in the yellow pages.
1 person marked this answer as helpful
4
Attorney answers:
Can I be Denied?
Your question doesn't make sense. If you were found not guilty than there would be no adjudication. You can be found guilty but adjudciation can be withheld. Two seperate things. In order to be sure how this would affect your case I suggest you get a certified copy of the judgement and police report and make an appointment to discuss your case with an immigration lawyer. I am in your area and would be happy to review your case with you.
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1
Attorney answers:
I have a Question about Visa application DS-230, Part II, Section 40, part h.
You need to answer that quesiton with a yes. At the interview your wife will be found inadmissible under Section 212(a)(9) of the Immigration and Nationality Act and be subject to a 10 year bar. There is a waiver avaible but only if she can prove that YOU would suffer an extreme hardship if the waiver isn't granted. Keep in mind that it isn't normal hardhship such as I miss my wife or fiancial issues but extreme hardship - a much higher burden of proof. Generally you have your waiver...
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