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Scott Douglas Devore

Scott Devore’s Answers

206 total


  • Applied for "removal of conditional residency card" but wasn't able to recieve it , what are the options?

    In 2010 I applied for removal of my conditional residency card but but wasn't able to recieve it because I went outside the US for 3 years now. That time me and my husband separated and he got my new permanent resident card but didn't give or mail...

    Scott’s Answer

    You would need to go to the US Embassy and apply for a returning resident visa. You are going to have to document why you could not come back and what efforts you took to try to come back. It will be difficult but it isn't impossible. You question says you are separated. If you are still married and back together at this point your husband could just reapply for a new green card for you.

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  • How long should I stay in the US before after receiving the conditional GC to be able to get the 10 year GC?

    I got my 2 year green card in Feb 2012, and then I took mu wife to visit my family back home for 2 months between April 15 2012 and June 21 2012, and then my mom got sick so i had to go and visit home in March 3 2013 and came back in June 12 2013...

    Scott’s Answer

    You actually have two issues here. The longer you are out of the US and away from your wife the more difficult it is going to be to prove you have a bona fide marriage and not one that was entered into to circumvent the immigration laws. The second issue is that absences of longer than 6 months can break the continuity of your residence and you can be deemed to have abandoned your residency. I suggest that you speak to a lawyer about obtaining an reentry permit if you intend to be outside the US for an extended period of time.

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  • I am EWI with DACA w/ advance parole. If I travel could the trip be used against me if immigration reform passes in the future?

    I am not talking about if immigration reform passes while I am away but that is unlikely as I will be only away for 1 week. I mean if there is something in the bill that says for those people that have been continuous in the U.S. for 5 years...

    Scott’s Answer

    While there is a possibility it won't have any effect, I don't think that anyone can tell you with any certainty what if anything will pass considering how the House of Representatives is divided. If you don't have to travel I would advise you not to as the risk may not be worth it.

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  • I-751 form for Wife & Daughter who applied for residency at same time.

    Even though they applied at the same time, the "backlog" at uscis caused her 7 year old daughter's application to take 10 months longer than my wife's. As I understand it, the 90-day window is based on when the green card was received, not when a...

    Scott’s Answer

    If your daughter was approved more than 90 days after your wife's green card was approved you do need to file two separate I-751's. That is unfortunate as it is going to cost you a second filing fee but that is the way that it is. You still should list all of your wife's children on the I-751 but you do need to file a separate Petition.

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  • Applied for n400 and they been investigating my case

    Hi I filed the n400 for naturalization because i have been living in usa for the past 3 years and been married to the same woman ,,and passed my test and my interview but hasn't gotten a decision And very obvious I was under investigation for frau...

    Scott’s Answer

    • Selected as best answer

    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 would depend on the exact facts which can only be obtained by having a consultation with a lawyer.

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  • Both my husbands petition (I-130) and my application (I-485) were denied. Do we both need to file a motion to reopen?

    I have applied for green card through marriage. At our interview, the officer said everything is ok except they were missing 1 document. She said just mail it in and you will be approved. I mailed it the next day (unfortunately not certified). Aft...

    Scott’s Answer

    Generally, they won't reopen an I-485 unless the underlying visa petition (I-130 in this case) has been reopened. I think most USCIS offices would reopen your 485 on their own motion if they are going to reopen the I-130. These things can often take some time. If you are no longer in status you are accruing unlawful presence and are subject to deportation. You may want to think about just refilling both the I-130 and the I-485. You'd have to pay the filing fees again but it is safer. If they deny the motion to reopen you might end up doing so anyway.

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  • My petition got denied on first marriage can I apply with a new wife, never prosecuted, still have tourist visa and travel,

    I apply for the permanent resident with first wife and got deny for suspect marriage fraud and not enough evidence never prosecute, never sign any statement just suspect marriage fraud never confirm and difference in answers at the interview, im i...

    Scott’s Answer

    If you do file again you will likely need to prove that the first marriage was bona fide as well as the current marriage. Marriage fraud can essentially be a "death penalty" when it comes to US immigration law. That is why on the second petition the government will have to have substantial and probative evidence that prior marriage fraud existed if they want to deny the visa petition for your current wife. With that said to get a good opinion one would have to read the denial for your first petition. There is a difference between not meeting your burden of proof and marriage fraud. Often times immigration officers confuse these. My suggestion is that you need a good, experienced immigration attorney to review your case.

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  • Inadvertently missed filing A# on I-130 petition packet in F2A. What should I do filing I-485 petition now for answering A# ?

    I didn't realize that I had an Alien#(A#) assigned to me on my OPT card that I got when I was on F1 and hence made my wife(LPR) answer "none" for the fields that asked for my A# in the I-130 petition packet ( I-130, G-325A etc). I'm currently ...

    Scott’s Answer

    When you file any new forms you should use the A# that you have. As for the I-130 it wouldn't hurt to send a letter to the Service Center regarding the failure to put the A# in there but if you don't it won't make a difference in the long run.

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  • How many time it take for my file to move my file from USCIS to NVC? if the process move smoothly.

    Dears How many time it take for my file to move my file from USCIS to NVC? if the process move smoothly. Many Thnaks Regards Eyob

    Scott’s Answer

    It generally takes 30-45 days to be contacted by the NVC once the petition is approved by USCIS.

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  • Husband moved out during removal of condition whats her next step

    My friend applied with her husband to remove condition of her green card in April. He moved out of the home on 07/12/13. They were having problems he says he will be filing for divorce using the six months rule. which will be in January, she ha...

    Scott’s Answer

    You should definitely seek out the advice of an immigration attorney. This is a complicated issue that seems to be occurring more and more lately. If the petition is approved by mail and they are still married there is obviously no problem. The problem occurs when the petition is approved after the parties got divorced and USCIS doesn't know about the divorce so in essence a joint petition was approved in error. This becomes an issue when the person files for citizenship and the immigration officer figures this all out.

    At this point I would wait and do nothing. If the petition is pending and the divorce becomes final I would immediately send USCIS a copy of the divorce decree and amend the I-751 requesting a good faith marriage waiver. If they schedule an interview and the husband is not going to appear I would then advise USCIS of the pending divorce and amend the petition. USCIS should then give her 87 days to produce the divorce decree. This becomes a problem if the divorce can't be completed by that time - which is why it makes sense to get the divorce going as soon as possible (if in fact the parties actually want to get divorced) and delay advising USCIS of the marital troubles for as long as possible. If the are separated and having marital problems the law still allows for a joint petition and there is nothing improper or illegal about that. The key to these cases is to be honest about the marital issues with USCIS as well as the timing of the disclosure to them. One isn't divorced until a judge says they are.

    Lastly, there is a fourth waiver that another attorney who responded didn't mention and that is a waiver if your friend would suffer extreme hardship if she were deported. Unlike the other three waivers you do not need to prove a good faith marriage to obtain this waiver. I know that seems crazy but it is true and can be found in the Immigration and Nationality Act.

    I urge your friend to find a good immigration lawyer who has experience in dealing with these issues and can work with your divorce lawyer to best protect your immigration status.

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