Scott Douglas Devore’s Answers

Scott Douglas Devore

West Palm Beach Immigration Attorney.

Contributor Level 12
  1. Moving back to Canada but sponsored siblings.

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Shahzad Ahmed
    3. Scott Douglas Devore
    4. J Charles Ferrari
    5. Anu Gupta
    5 lawyer answers

    If you are not domiciled in the United States than you will not be able to sponsor for purposes of the Affidavit of Support (Form I-864). Since you don't expect the priority date to become current for a while you can always reestablish domicile when their priority date becomes current. For now, it makes no difference what your domicile is until their priority dates become current.

    3 lawyers agreed with this answer

  2. I have a criminal record for possession of marijuana , 3 or 4 times to be exact , they all misdemeanors.

    Answered over 2 years ago.

    1. Anthony Rubino
    2. Nicolas Andres Olano
    3. Javier E Morales
    4. Scott Douglas Devore
    5. David Richard Damore
    6. ···
    6 lawyer answers

    It appears that you will in all liklihood be inelgible and that you are deportable and inadmissible to the United States. You should speak to both a criminal and immigration attorney right away so that you can investigate whether these arrests/convictions can be vacated. The fact that they are misdemeanors is of no consequence. Its is more a concern that it is drugs.

    3 lawyers agreed with this answer

  3. Should I file WOM?

    Answered over 2 years ago.

    1. Scott Douglas Devore
    2. F. J. Capriotti III
    3. Gintare Grigaite
    4. Deborah Lynne Karapetian
    4 lawyer answers

    I too have no idea what you mean by WOM. If your current attorney isn't helping you and asnwering your questions perhaps it is time for a second opinion.

    3 lawyers agreed with this answer

  4. Can i be deported back to my country?

    Answered over 2 years ago.

    1. Scott Douglas Devore
    2. J Charles Ferrari
    3. Nicklaus James Misiti
    3 lawyer answers

    The answer to your questions is maybe. It really depends on what the crime was and how you were charged. You may be able to benefit from the recent announcement by PResident Obama anoud halting the deportation of people your age and giving them deferred action and ultimately a work permit. Unfortunately, your criminal issue needs to be investigated by a good immigration attorney to see if you are going to be eligible.

    3 lawyers agreed with this answer

  5. I want to marry my fiance of 2 and 1/2 years but how he is illegal.

    Answered over 2 years ago.

    1. Alejandro Rafael Lopez
    2. Steven Sahag Vosbikian
    3. Scott Douglas Devore
    3 lawyer answers

    Your questions doesn't really say whether he entered legally and then became illegal or if he entered illegally. With that said you really need to consult with an experienced immigration lawyer. Also, since he came when he was 16 there may be a possibility that he could apply for deferred action under the plan that President Obama announced earlier today. There are other requirements for deferred action such as having to have been here for 5 years prior to June 15, 2012, either be in school...

    3 lawyers agreed with this answer

  6. Applied for n400 and they been investigating my case

    Answered over 1 year ago.

    1. Scott Douglas Devore
    2. Stephen D. Berman
    3. J Charles Ferrari
    3 lawyer answers

    In order to obtain your citizenship after having a green card and being married to your US citizen spouse three years you need to be living in marital union with your wife. Your question seems to tell us that you two are living separately. If that is the case you would not be able to meet the marital union test and therefore would need to have your green card for 5 years (less 90 days) before applying for citizenship. A short separation doesn't necessarily kill your application but that...

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  7. How long to wait for US citizenship being permanent resident (green card holder) if my child is a US citizen by birth?

    Answered over 1 year ago.

    1. Jennifer Wang
    2. Dana Roxana Bucin
    3. Scott Douglas Devore
    4. Margaret D. Stock
    4 lawyer answers

    You still need to wait the 5 years (less 90 days) in order to apply. A US born child does not speed up the process.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. My son is a legal permanent resident since 2000, and entered country in 1996 age 7, he got a drug possession charge 893.13.

    Answered over 5 years ago.

    1. Scott Douglas Devore
    2. Thuong-Tri Nguyen
    3 lawyer answers

    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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  9. I'm married an US Citizen but I was placed in removal proceedings

    Answered over 2 years ago.

    1. Hans Burgos
    2. Scott Douglas Devore
    3. Peter Joseph Loughlin
    4. Gintare Grigaite
    5. J Charles Ferrari
    5 lawyer answers

    While I agree that you need to speak with an attorney since this case is more difficult than you realize you are likely subject to a 5 year bar under Section 212(a)(6)(B) for failure to appear without reasonable cause to your hearing. This isn't waivable and reuqires you to be outside the US for 5 years. Of course the key word here is reasonalbe. You're going to need a lawyer to explain to the government why your departure was good and why your failure to appear wasn't unreasonable.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 1 year ago.

    1. Giacomo Jacques Behar
    2. Scott Douglas Devore
    3. Malathi Benjamin
    3 lawyer answers

    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...

    4 lawyers agreed with this answer