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Scott Douglas Devore

Scott Devore’s Answers

206 total


  • I am (on F1) married to a US citizen. Now I want to be a part time graduate student instead of full time. Can I do it?

    I am on F1 status and now married to a US citizen. I want to be a part time graduate student in the same school same program instead of full time. My wife has just filled I-130 and I485 concurrently for me last week. Can I do it? Is it legal?? w...

    Scott’s Answer

    Yes you can because you won't need your F-1 anymore. The only time this could become an issue would be if for some reason your I-485 was denied you would be considered out of status because you violated the F-1. If your marriage is real and legitimate this shouldn't be an issue.

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  • If my visa expires while I am waiting for my I-485 greencard application to process, can I lawfully stay in the US?

    I am a UK citizen working in the US and am currently applying for a greencard. I have a religious visa which expires Jan 1, 2014. My I-360 petition has been accepted and I am about to send in the I-485 application. If my visa expires while the ...

    Scott’s Answer

    You are authorized to remain in the US while your I-485 is pending. Make sure that you file an I-765 to get a work permit along with your I-485. There is no additional filing fee for that. You should also file an I-131 for advance parole too in case you have to travel in an emergency.

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  • How do I get my husband a green card before next spring?

    hi I am a us citizen I married my husband in mexico and we both live in mexico together. I want to get him a green card as soon as possible so we can be able to go to the united states together. he has never been to the united states and has ...

    Scott’s Answer

    Good luck with overcoming the domicile issue for the I-864 if your aren't living in the United States.

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

    My co-sponsor filed her tax jointly with her husband since they got married a long time ago. Her income is enough for me, she does not want her husband to file I-864A. Does that mean that the woman who is the one sponsoring us will file I-864 and ...

    Scott’s Answer

    • Selected as best answer

    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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  • My Friend is currently detained and they placed an Immigration hold on him. Can they do that to a US Citizen?

    He was born within the United States

    Scott’s Answer

    If he was born in the United States I'd post his criminal bond and get a copy of his birth certificate over to ICE immediately.

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  • Visa Fraud and Entry While Married to a US Citizen

    I came here on a student visa five years ago. One year ago I married a US Citizen in NYC. A few months after marrying here we married again in my home country. I then came back to the US on my student visa. After coming back ...

    Scott’s Answer

    You will likely not have any problem but I suggest that you hire a good lawyer to attend the interview with you. Many things can go wrong at an interview and you can be taken advantage of without even realizing it. The immigration service has their own lawyers and you should too.

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  • I am getting married to a US citizen while on CPT in US.Can I continue my work on CPT(F1) until I get the work authorization?

    I am on F1 and on my CPT. I am getting married to US citizen while working on my CPT. She has filed I-130 and I485 concurrently. So before getting the work authorization for her filing can I still continue my work on CPT ???

    Scott’s Answer

    As long as your EAD is valid it isn't a problem.

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  • How will a change of residential address affect my green card renewal? I have a conditional green card that is about to expire.

    I'm separated, moved out of the house and going through divorce, I have not signed the papers yet but I need to renew my green card within a month. Will using a different address affect my application proccess?

    Scott’s Answer

    You need to be truthful about everything on any immigration form that you file. The fact that you and your soon to be ex-wife are separated and going through a divorce makes your case more complicated but not impossible. If your wife is willing to sign the I-751 she should and you should timely file it. If the divorce becomes final during while the application is pending you would need to notify USCIS immediately. There is case law which stated that even if the parties are separated a joint petition can be filed as the present viability of a marriage is not an issue in the adjudication of a Petition to Remove the Conditions on Residence. Either way this is certainly a case where you need a lawyer.

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  • Travel and disorderly conduct

    Can I travel outside US with disorderly conduct record which has been sealed and enter US without a problem?

    Scott’s Answer

    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.

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  • Can I send W-2 with a fake SSN as proof of residency in the US for DACA?

    Will I get denied for sending my W-2s with a fake SSN

    Scott’s Answer

    While I understand what you did is common, I would never send any evidence to the government that good be used against you in the future. While your DACA application may be approved if you do send it, you could be opening up yourself for problems later on. You should discuss your case with a good lawyer.

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