Skip to main content
Scott Douglas Devore

Scott Devore’s Answers

206 total


  • Aggraveted felony on LPR, he's 27 - been here 22 years. Facing Deportation.

    My brother was arrested and was adjudicated guilty for two felonies. He was caught in an online sex sting. Charges: 847.0135.4b TRAVELING TO MEET MINOR FOR ILLEGAL SEXUAL CONDUCT and 847.0135.3b USE COMPUTER TO SOL/LURE/ENTICE PARENT CONSENT...

    Scott’s Answer

    This is certainly a complicated case. You need to speak with an immigration attorney as well as a criminal attorney who can attempt to vacate the conviction since as an aggravated felon you are correct in that he would be facing deportation. My colleagues suggestion of looking into whether your brother derived citizenship is also very important.

    See question 
  • Can I married US Citizen in my country and then apply for Residency

    I was in US legal and overstay my viza.Now I have 10 year bar.Will I have a problem with that.

    Scott’s Answer

    If you do get married your spouse can then file a visa petition for you. When you get to the embassy for visa issuance you will be found inadmissible for unlawful presence. The only way to get the 10 year bar waived is to show that your separation from your spouse would lead to an extreme hardship to him/her if you are not allowed into the United States. This can be a very tough burden to meet. Alternatively since you are not in the US and not yet married, you could file for a fiancé visa as well as the waiver. This way if you don't get the waiver you don't have to go through a divorce if you don't want to be in a long distance marriage. I suggest that you consult with an experienced immigration lawyer who after a detailed consultation can give you more detailed options.

    See question 
  • I left the United States July 16th ..... but my i-94 expired July 12

    AM I GOING TO HAVE ANY PROBLEMS BECAUSE OF A 4 DAYS OVERSTAY?

    Scott’s Answer

    While you won't be subject to a 3 year bar for unlawful presence since you overstayed your authorized stay the visa in your passport is technically becomes void as a matter of law. If you try to return on it there is a very good chance that you would be refused admission since you did not leave timely.

    See question 
  • My fiancee, resident alien, is being detained by imm. BC he got arrested 4a misd. His charge was dismissed..will he get deported

    Hello. I am a us citizen. My fiancée entered the us legally as a resident alien but never got his green card. His papers have since expired, however he continued to have legal employment and pay taxes. He has a SSN. Recently he was arrested for a ...

    Scott’s Answer

    If he entered as a resident alien but never got his green card in the mail that doesn't automatically mean that he lost his status. If his card expired it also doesn't mean that he automatically lost his status. It would depend on what basis he obtained his resident alien status to begin with. I think you really need to speak with a good immigration attorney to help you since your facts aren't clear and you could be spinning your wheels for nothing.

    See question 
  • Do I need to provide a copy of the selective service registration letter with my N400 citizenship application?

    Do I need to provide a copy of the selective service registration letter with my N400 citizenship application?

    Scott’s Answer

    You should Very easy to get online. Go to sss.gov

    See question 
  • How long do i have to wait before i think change my attorney after USCIS get the response to their notice of intent to deny i130

    i got married to an american citizen 2 years ago, applied for permanent resident on 03/21012 had stoke interview on august 2012, never heard anything from them, in july 20th 2013 got a NOID i-130 and reasons the letters stated are : had 3 diff an...

    Scott’s Answer

    I disagree with my colleague. The immigration judge has no jurisdiction over an I-130. That lies only with USCIS. If USCIS denies your visa petition your wife either needs to appeal it (since she is the Petitioner) or you she can refile another one - or both. The immigration judge could review the denial of an I-485 but your I-485 is based on the I-130 that your wife filed for you so if the I-130 is denied the I-485 is correctly denied. As for changing your lawyer, you can do that at any time. If you do get denied I would certainly seek a second opinion from another lawyer if you are not satisfied with your current lawyer.

    See question 
  • Hello, I wanted to ask if its possible for me to give my parents US citizenship ? I am 21 years old and a US citizen....

    They entered the US illegally will that affect the process or will it enable me giving them citizenship?

    Scott’s Answer

    Your question is confusing. Are you asking to give the legal status as in a green card or US citizenship? Those are two entirely different concepts. They can't get citizenship without first having a green card. You could file a visa petition for each of them now that you are 21 but that doesn't mean they will be able to get their green cards in the US. Especially if they did not enter the US legally. This case is more complicated that it appears on its face and you should really consult with an experienced immigration lawyer.

    See question 
  • What current immigration status should I enter for answering Ques# 15 on I-765 form for EAD? Filing under F2A via LPR spouse.

    I'm filing I-765 form for EAD under F2A category as my wife is LPR. I was wondering what should I answer for ques# 15 for "Current Immigration Status" . I came to US in 2006 on F1 (Student) visa, completed my Master's and then worked on...

    Scott’s Answer

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

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

    Me & my wife have got US green card in March 2013 and we have become parents of a baby boy who was born in 2012 in US & so he is a US citizen by birth. Now my question is - to be eligible for US citizenship, do we have to wait for all 5 years (ti...

    Scott’s Answer

    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.

    See question 
  • What are the risks of applying for F2A category AOS from the b1/b2 visa in case the couple got married before coming to the US?

    I am an LPR for more than 10 years, but I have worked abroad for past years and maintained my LPR status. I married my girlfriend this June and now I am going to the US in order to pursue graduate studies. My wife holds a valid b1/b2 visa that was...

    Scott’s Answer

    Based on the fact pattern that you provide it is pretty clear that there is immigrant intent and there are significant risks if you do this. I would advise you not to. I don't think any immigration lawyer can ethically advise you to have her enter the US on a B-2 with the intention to file for adjustment of status shortly thereafter. First there are preconceived intent and fraud issues which could lead to her having to apply for a waiver under Section 212(i) of the Immigration and Nationality Act. In order to get this waiver you would have to prove that her absence from the United States would be an extreme hardship to you. That is a very high burden of proof to meet. I suggest you consult with a lawyer and discuss your options. The F2A category likely won't be current for a long period of time. It may not be current in September.

    See question