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Jeffrey Adam Devore
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Jeffrey Devore’s Answers

6,716 total


  • What are the immigration consequences if I take a plea making me a convicted felon?

    i am a canadian citizen and i live in canada and its hard and expensive for me to get back and forth to go to court so my offer on the deer is an adjuciation and fine no probation. i like it because i dont live in the usa and it makes no differen...

    Jeffrey’s Answer

    The answer to your question depends upon the exact crime and criminal statute that you are convicted of. Some felonies will render you inadmissible to the United States, others will not. You should consult with an experienced immigration attorney who can work with your criminal attorney to fashion a result that will either not cause you any immigration issues or at least minimize them to an acceptable level. Many attorneys will conduct consultations via telephone or Skype for clients outside their local area.

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  • C1D visa after abandoning adjustment of status?

    I came in US on B1/B2. In the meantime I got married and my AOS is pending. I have been in US now total for 7 months. We are having issues in our marriage and I want to leave it all behind. Since I will be banned probably for 3 years, will I be a...

    Jeffrey’s Answer

    It will first be necessary to determine whether you have accumulated any unlawful presence since the filing of an application for adjustment of status tolls the accrual period. However, even you have less than 180 days of unlawful presence you will still have a nonimmigrant intent issue when applying for a combination C-1/D visa.

    Consult with an experienced immigration attorney who can review your situation in detail and make appropriate recommendations.

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  • If my visiting visa was revoked on minor charges will I qualify for a fiance visa.

    In march of this year I went to Orlando where my visa was revoked because the person I was suppose to go to when immigration call his nephew answered who did not know I was coming and said he didn't know me. Therefore I was interrigated and sent h...

    Jeffrey’s Answer

    I agree with Attorney Mulder. More information is needed as to exactly why your admission was refused and whether your were removed or allowed to withdraw your application for admission. Additionally, there is a question as to whether there may have been a fraud determination.

    You should consult with an experienced immigration attorney who can review your case and advise you how best to proceed. Many attorneys will conduct consultations via telephone or Skype for clients outside their local area.

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  • Are we allowed to apply for change of status later on if he is here on non-immigrant visa?

    Hello All, Thank you for taking time to read my question. I am permanent resident here in United States and filed an immigrant petition for my husband. He has pending I-130 petition (F2A - case complete already but our pd wont be current anyt...

    Jeffrey’s Answer

    The process of applying from a nonimmigrant status to permanent is referred to as adjustment of status. Changing from one nonimmigrant status to another nonimmigrant status is a change of status.

    If your husband is lawfully in the U.S. when his F2A priority date becomes current then he may apply for adjustment of status. However, as some of my colleagues have noted, unlike an H-1B visa, an H-1B1 visa not a dual intent visa. If he intends to apply for a visa abroad then the fact that he is the beneficiary of an F2A petition may result in deal of the visa due to immigrant intent. This, of course, will depend on the specific facts of the case.

    Consult with an experienced immigration attorney who can review your husband's immigration status in detail and make appropriate recommendations as to how best to proceed.

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  • What is the process to convert from H1 to H4? I was in H4 before and got H1. Spouse has valid H1 still.

    H1 is getting withdrawn by the employer and my passport has valid H4 stamping. How do i change status to H4?

    Jeffrey’s Answer

    Assuming that you and your spouse are each maintaining valid H-1B status, you can file an application to change status to H-4 with USCIS. Consult with an experienced immigration attorney who can review your specific situation and advise you how best to proceed.

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  • If I try to go again, Is there anything I need to do aside from bringing evidence of my ties to Canada to help me get across?

    In April I applied and was denied a tn visa for a job in New York. I then went back across the border twice to visit my boyfriend who lives there and was allowed across for 1 week each time. The third time I had tried to go across to visit was 1 w...

    Jeffrey’s Answer

    The officer refused you admission to the United States because he believes you are an intending immigrant and not a bona fide visitor. If you are going to apply for admission to the U.S. as a visitor again then you should be prepared to submit substantial documentation establishing your ties to Canada. Best to consult with an experienced immigration attorney to help you do this.

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  • Passport Application Problem

    Hi i recently posted a question about the National Passport Center requesting a proof of relation between me an my father to grant me a passport, because i haven't applied for N-600 yet but i derived Citizenship from my father so i submitted a DNA...

    Jeffrey’s Answer

    Passport applications are not necessarily processed by the same adjudicator from beginning to end. Since we don't know the specific facts of your case we don't know what provision of law you claimed to derive citizenship under and whether some or all of these requests were relevant. I have seen cases where the applicant responded to a request for additional documents by submitting documents which raised additional questions thereby necessitating follow-up by the Passport Office If a passport application is properly documented at the outset then there is no follow-up and the passport is issued. It appears that at least initially, you did not properly document your application. Passport cards are only sent by first class mail. They are never shipped via overnight delivery. If you continue to run into problems then consult with an experienced immigration attorney who can review your eligibility and if necessary, prepare a new application on your behalf.

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  • How to apply for the removal proceeding ?

    My friend was detained at the airport when she came to America on May 8, 2016. She claimed she was persecuted in her country and applied for political asylum. I want to know how to apply for the removal proceeding? Thank you !

    Jeffrey’s Answer

    Under these facts, if your friend has been in detention since May 8, 2016, she should have had a credible fear interview already. If a positive determination was made she should have been served with a Notice to Appear before the Immigration Court. If these things have not happened then something is not right with her case. Best to consult with and retain an experienced immigration attorney on her behalf who can review the case in detail and take appropriate action.

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  • What is my next step?

    My husband and I recently did the Stokkes Interview and the interviewer said we failed it, so suggested that my husband (petitioner) withdraw his petition for me. What can we do next? I'm in the process of trying to find an attorney but I would li...

    Jeffrey’s Answer

    You don't indicate whether your husband withdrew the petition or not. The answer to this and other questions will determine the next steps that should be taken on your behalf. You and your husband should consult with an experienced immigration attorney immediately as time is of the essence. Depending on what happened USCIS may be required to issue a Notice of Intent to Deny your case or may be able to deny it outright and serve you with a Notice to Appear to Immigration Court.

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  • Can I get US visas ever again . If yes how

    Over stayed in 1998 as i lost my passport .i travelled again in 2001 and 2002 .got visa renewed in 2002 as well.in 2007 while renewing forget to mention my overstay in the visa form.ever since my i have applied 4 times but always rejected given...

    Jeffrey’s Answer

    Since you "forgot" to mention your overstay numerous times, it appears that you are inadmissible for fraud, but you don't mention why you were rejected the last 4 times specifically. You should consult with an experienced immigration attorney who can review your situation and advise you as to the options available and how best to proceed. Many attorneys will conduct consultations visa telephone or Skype for clients outside their local area.

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