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Scott Douglas Devore

Scott Devore’s Answers

206 total


  • Immigration related question. Getting married to my Girl Friend who is a CU6 Permanent Resident.

    Hello there, I am getting married to my girl friend soon. She is a CU6 category permanent Resident. We are in Miami, FL. We have been living together for some time. How long does it if we are married and she applies for my change of status. Will I...

    Scott’s Answer

    You don't need to be married at the time your girlfriend got her status. If she is a CU6 you can apply for her as her spouse. This assumes you are otherwise admissible to the United States.

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  • F2A petition while in the US?

    Hi, I am in the US now and entered under a B2 visa, I am currently out of status since my i-94 expired last April 18, but I applied for an extension before it expired so it isn't illegal for me to stay while waiting for the results from USCIS, it ...

    Scott’s Answer

    Since you filed for an extension before you expired I would file the appropriate paperwork August 1, 2013 when the priority dates will be current. This assumes that you haven't received a response to your extension request or if you did you were authorized to stay beyond August 1, 2013. Make sure you file proof of the extension request. I would suggest that you consult with an attorney because there may be other issues of inadmissibility that you are unaware of and that you don't mention in your question.

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  • Should My Fiance I and go to the registry now? Or after I am done with applying for citizenship.

    I am currently a US Green Card (GC) Holder, and eligible to apply for US citizenship next Month, and my Fiancee is a Nigerian Citizen who currently resides and works in the UK using work sponsorship. She will be moving finally to the US after we g...

    Scott’s Answer

    • Selected as best answer

    You state that you want her to move to the US in January but what visa is she going to have to do that? Before you do anything I think you should speak to an attorney because filing now could make it difficult for her to enter the US without the proper visa. This is a more difficult decision than it seems and there are factors that need to be considered that you don't advise of. You really need a consultation.

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  • Regarding submitting the supporting documents for my I-130 and I-485? what should the duration of all those documents?

    Hi I am getting married to my fiancee next month. As per the instruction of form I-130 and I-485 we are preparing all the supporting documents. We have a joint lease for our house starting from next month and other billing and joint saving bank ac...

    Scott’s Answer

    You can certainly file what you have with the I-130/485 but you will be scheduled for an interview and at that time you should bring with you additional bank statements and other evidence of your marital relationship. I suggest that you at the very least hire a lawyer to attend your interview with you. Many things can go wrong at an interview no matter how great a marriage you have. The immigration service has lawyers and you should too.

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  • How long will it take to sponsor someone who is an Algerian citizen as well as a naturalized Canadian citizen? I am an LPR

    Is the processing based on Canadian citizenship or Algerian citizenship? Any subtleties I should be aware of as a sponsor with respect to the Algerian nationality?

    Scott’s Answer

    You don't say on what basis but I will assume that you are talking about applying for a spouse. It doesn't make a difference as to the citizenship as there will be security checks done regardless. As for the timing it depends if he is in the United States or outside the United States. If he is in the US and is in status the second preference priority date for spouses and children under 21 will be current so that could save you years on this case. My suggestion is to contact a good immigration attorney for a consultation so that you can get all your questions answered.

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  • Immigration/Deportees with children in the US can return?

    My fiancée was deported to Brazil 4 years ago. I read on the internet in May that it's possible he can return. We have a 5 year old daughter and was in the process of getting married. When he was deported we were together for 3 years this has p...

    Scott’s Answer

    There is a very good possibility that he can return to the United States if he was deported for just being here illegally and not for an criminal reason. With that said you need to speak with an experienced immigration lawyer who can review the facts and circumstances around his removal from the United States and tell you your options.

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  • Chances of getting green card for an USC parents. Parents overstayed their b1/b2 visas in 1998 by 92 days

    Me and my wife overstayed our b1/b2 visas by 92 days. My wife delivered my son in newyork who is USC. Our visas were still valid at the time of her delivery. We overstayed our visa by 92 days.and later returned to India. Here we again applied for ...

    Scott’s Answer

    Who knows that the law will be when your son is 21 but for now it would have no effect. You are correct in that you aren't subject to either the 3 year bar because you overstayed less than 180 days.

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  • Out of status f1

    I was dropped by my p.e. teacher due to lack of hours. I learned i only acquired 11 units by the end of the semester. Now i am out of status for 7 months. What are my options to get my legal status back? Can i get other visa aside from f1? What ar...

    Scott’s Answer

    You would need to apply for reinstatement and do so quickly. You would need to address what took you so long to do that. Hire a lawyer.

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  • For the I-130 and I-485 can I do the required translations myself if I am natively fluent in both languages?

    I do believe only the birth certificate/vaccination records are the only things that would have to be translated.

    Scott’s Answer

    You can't translate and certify your own documents. You can translate your own documents to keep the cost down and have them certified by someone else that they are true and correct but you can't do both.

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  • Mom (80) is Us Citizen, Dad (82) & Son (47, disabled) are Permanent Res., expiring on NOV 2, 2013. What is best renewal option?

    Have stayed in IRAN since 5/2009. Dad health not OK, had heart surgery in DEC 2011. Son is disabled and needs parent's supervision and care. Dad is PR since 1993, SON is a PR since 2004, has been in US only twice;12 months totals.

    Scott’s Answer

    • Selected as best answer

    I would apply for a returning resident visa (SB-1) at the Embassy. I had an Iranian client that was out for two years and obtained at the Embassy in the UAE. If you can document the heart surgery and the son's medical conditions I think you have a pretty good chance. I certainly wouldn't sign any paperwork abandoning residency.

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