Scott Douglas Devore’s Answers

Scott Douglas Devore

West Palm Beach Immigration Attorney.

Contributor Level 12
  1. What current immigration status should I enter for answering Ques# 15 on I-765 form for EAD? Filing under F2A via LPR spouse.

    Answered over 1 year ago.

    1. Scott Douglas Devore
    2. Robert Louis Brown
    3. Dana Roxana Bucin
    4. Kyndra L. Mulder
    4 lawyer answers

    You would put your current status which according to your facts would be H-1B since 10/1/2008.

    10 lawyers agreed with this answer

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  2. Is 245 (i) open again and if not when will it re-open for people to apply?

    Answered almost 6 years ago.

    1. Stuart Jonas Reich
    2. Scott Douglas Devore
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

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  3. Does my wife need a seperate i-912?

    Answered over 2 years ago.

    1. Thomas Esparza Jr.
    2. Scott Douglas Devore
    3. J Charles Ferrari
    4. Deborah Lynne Karapetian
    5. F. J. Capriotti III
    6. ···
    7 lawyer answers

    You need a seperate fee waiver for each application.

    7 lawyers agreed with this answer

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  4. Immigration about how to fill in I-864 Part 6, question 13? If someone has a joint tax return ?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Giacomo Jacques Behar
    3. Scott Douglas Devore
    4. Sergey Vladimirovich Makarov
    5. Kevin Michael Crabtree
    6. ···
    6 lawyer answers

    If you are not relying on the income of the husband and only the cosponsor than the husband need not file or sign anything. Although he is on the tax return you will also have to include W-2, job letter, pay stubs of the cosponsor to prove that her income is sufficient.

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  5. I found this on internet about the i130 form to ask for my brother that is foreign, i live abroad i am american can you help

    Answered over 2 years ago.

    1. Randall Allan Chamberlain
    2. Javier E Morales
    3. Scott Douglas Devore
    3 lawyer answers

    The domicile requirement will not become an issue in the case until the priority date is current which is likely 12-15 years away. You can worry about the requirement then. At this point, I'd file the I-130 and get the clock ticking. You can reevaluate the law when his priority date is current. Restablishing domicile isn't that difficult.

    5 lawyers agreed with this answer

  6. My residence could be denied if i didn't include my baby's info on the application sent to UCSIS?

    Answered almost 2 years ago.

    1. Carl Michael Shusterman
    2. Alexander Joseph Segal
    3. Scott Douglas Devore
    4. Jorge Ivan Pardo
    5. Stefanie Y Parchment
    6. ···
    6 lawyer answers

    You must amend your applicaiton and advise USCIS of the circumstances. Since you are still married I will assume that you filed a joint petition to remove the conditions on residence. You are not the first person that this has happened to. I've been successful with a similar case where the husband fathered a child outside of the marriage and the wife acknowleged it and basically told USCIS that while she isn't happy with her husband's behavoir, she still loves him, accepted his infidelity...

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  7. Travel and disorderly conduct

    Answered over 1 year ago.

    1. Howard A. Schwartz
    2. Scott Douglas Devore
    3. Richard Caro Roxin
    4. Marco Caviglia
    4 lawyer answers

    Generally, disorderly conduct is not a crime involving moral turpitude nor an inadmissible offense. However you don't say what your immigration status is and it makes sense for you to have an immigration lawyer review the specific statute that you were convicted under before you travel.

    6 lawyers agreed with this answer

  8. Immigration and petit theft misdemeanor

    Answered almost 3 years ago.

    1. Mark Carmel
    2. Scott Douglas Devore
    3. William David Umansky
    3 lawyer answers

    If in fact that case was nolle prossed or dismissed after the PTI and he doesn't have a conviction it wouldn't be a problem from an immigration standpoint. He would meet the petty theft exeption anyway since it was a misdemeanor and it sounds like he wasn't sentenced to more than 6 months in jail since he got PTI. If he got PTI I would assume he never went to jail too. To be sure you should go to an experienced immigration lawyer and bring with you copies of all the criminal documents for an...

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  9. For how long Green Card holder should stay in USA before traveling back.

    Answered almost 6 years ago.

    1. Scott Douglas Devore
    1 lawyer answer

    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.

    1 lawyer agreed with this answer

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  10. I have received a approval notice I-797 for my I 130 but it only has my wife's name as beneficiary but son's name missing?

    Answered over 1 year ago.

    1. Giacomo Jacques Behar
    2. Stephen D. Berman
    3. Filex Alexandro Sanchez
    4. Robert Louis Brown
    5. Scott Douglas Devore
    6. ···
    6 lawyer answers

    Derivative beneficiary's do not get a separate approval notice. As your wife is out of the United States you will be receiving correspondence from the Department of State's National Visa Center. That correspondence should include your son. If it doesn't than you can call them and the appropriate paperwork on him can be obtained.

    3 lawyers agreed with this answer