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Scott Douglas Devore

Scott Devore’s Answers

206 total


  • I have received a approval notice I-797 for my I 130 but it only has my wife's name as beneficiary but son's name missing?

    Hi I am a permanent resident (green card holder) and have a approved petition I 130 for my spouse and 2 yrs old son both residing out side of US. Today I received notice of Action I-797 but under Beneficiary it only has my spouse's name and my so...

    Scott’s Answer

    Derivative beneficiary's do not get a separate approval notice. As your wife is out of the United States you will be receiving correspondence from the Department of State's National Visa Center. That correspondence should include your son. If it doesn't than you can call them and the appropriate paperwork on him can be obtained.

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  • Moving back to Canada but sponsored siblings.

    I have both Canadian and USA citizenship and want to move back to Canada. I have sponsored my siblings and expected PD date is 2017 or so. If I work in Maine and live in New Brunswick, would it jeopardize their potential for immigration status f...

    Scott’s Answer

    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.

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  • Forgot to submit i765 with i485, what happens with my work permit if fingerprints are done already?

    submitted my i485 with i130 through my spouse but forgot to submit the i765, I had my biometrics appointment two weeks ago and just submitted the i765 last week ... what will it happen to my work permit in terms of length of receiving it ... ...

    Scott’s Answer

    Since you already have your interview date I would not bother filing for a work permit at this time. My guess is that you don't have a lawyer since a good lawyer would not of let you file without the 765. Keep in mind that USCIS has their lawyers and you should have one too. The interview is very important and many things can go wrong at an interview. You have invested time and money in this process so I suggest that you hire an experienced immigration lawyer to prepare you and your spouse for the interview and to attend with you. It will be money well spent.

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  • My residence could be denied if i didn't include my baby's info on the application sent to UCSIS?

    I'm married with a US citizen and I got my temporary residence trough this marriage. Our relationship it's been in problems a couple of times and I had a baby with another man, while I was married. I'm still married with the same guy (not mys baby...

    Scott’s Answer

    • Selected as best answer

    You must amend your applicaiton and advise USCIS of the circumstances. Since you are still married I will assume that you filed a joint petition to remove the conditions on residence. You are not the first person that this has happened to. I've been successful with a similar case where the husband fathered a child outside of the marriage and the wife acknowleged it and basically told USCIS that while she isn't happy with her husband's behavoir, she still loves him, accepted his infidelity and his child and that they were moving on. Case was approved. You will most certainly get scheduled for an interview once you amend your applicaiton. You need a good immigration attorney who can prepare you two and go with you to the interview. You should not wait to hire an attorney but should hire one now who can notify USCIS for you. This is certainly a misrepresentation and if you do nothing this will become a problem later on when you apply for citizenship and could ultimately lead to deportation.

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

    will this affect the possibilities of the dream act to cover me? one of them was just recently, today to be exact. I've gotten "promise to appear in court" in all and was only taken to jail once.

    Scott’s Answer

    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.

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  • How can my dominican fiance come to the US so we can get married?

    My fiance has been to the US before on a work visa he is currently in DR and his visa has expired. When in the US he did have a criminal charge against him but it was dropped and he returned to his country. Would it be possible to have him come ba...

    Scott’s Answer

    One cannot say with any certainty whether he would be eligible until they review the criminal documents and know the situation. Just because the charges were dropped doesn't automatically make him admissible to the United States should you get married or file for a fiance visa. An example of this would be if the government has "a reason to believe" he was a drug trafficker. No conviction is needed for this ground of inadmissibilty. You really need to sit down and discuss your case with a qualified immigration lawyer before you get married.

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  • Marriage based interview coming up?

    My wife and I have our interview coming up soon. She has her EAD in hand. We also filed everything through an attorney which was filed April 2011 and we are just now getting our interview. Thing is our attorney is lazy and does not ever return ...

    Scott’s Answer

    $5000 just to go to an interview? Way too much. You have the right to change lawyers anytime you wish. I'd get a copy of your lawyer's file and call another attorney as soon as possible. You certainly do not want to go into the interview without an attorney.

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  • The only way my husband can get a green card, is to go before a immigration judge. How can I get that to happen?

    he is from Honduras and has a TPS that has remained active for many years. I completed 3 different applications. As of this past Thursday the officer that interviewed us, called me to inform us that it was out of that offices jurisdition to approv...

    Scott’s Answer

    Immigration Law is very complex. While filling out a form may not be difficult, it is knowing the law behind it and how it applies to your case. I would suggest that you get all of your immigration documents together and make an appointment with an experienced immigration attorney who can properly advise you. Will it cost you some money? Sure it will but when the matter is resolved it will be well worth it.

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  • Had green card, but stayed in my coutry for a while....

    I had green card, but left US 3,5 years ago right after I filed for citizenship. I was sick and I couldnt stay alone in the US so when the approvel and the invitation for fingerprints came I was already in Bulgaria. I feel better now with my healt...

    Scott’s Answer

    While it is likely that the government will take the position that you abandoned your green card, only a judge can take it away from you. If your card is still valid you can attempt to enter but be aware that you may be detained pending a determination by the immigration judge. Alternatively, if your card has expired you may want to apply for an SB-1 visa at the U.S. Embassy. The visa can be granted if you can document why you were out and convince the consular officer that you intended to return. You really have nothing to lose by trying. In any event, I would recommend that you hire a good attorney.

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  • I found this on internet about the i130 form to ask for my brother that is foreign, i live abroad i am american can you help

    You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroa...

    Scott’s Answer

    The domicile requirement will not become an issue in the case until the priority date is current which is likely 12-15 years away. You can worry about the requirement then. At this point, I'd file the I-130 and get the clock ticking. You can reevaluate the law when his priority date is current. Restablishing domicile isn't that difficult.

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