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Jeffrey Adam Devore

Jeffrey Devore’s Answers

6,698 total


  • What is the best option for us right now? i130? i539?

    I am a Permanent Resident (GreenCard) and would like to apply for my wife's immigration. She was on a tourist visa which expired in Jan this year. We got legally married in Mar and was told that we will have to either wait for 14 months or she wil...

    Jeffrey’s Answer

    Congratulations on your new born baby!

    Since your wife has fallen out of status she is no longer eligible to apply for an extension of stay or change of status and the visa she used to enter the U.S. has been automatically revoked. Additionally, she is now accruing unlawful presence in the U.S. which can have severe consequences.

    It sounds like you have not been properly advised as to the immigration options available to you and the what issues you need to be aware of. Consult with an experienced immigration attorney for competent advice so that your family can remain together.

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  • When /how can I apply for change of status for my husband and step-daughter?

    I am a USC, married to my Jamaican husband for 5 years. (We lived in Cayman for last 10 yrs.) I came to live in SD, USA from Islands Jan 2016 with our 8 y.o. and 11 y.o. while hubby stayed behind to sell our house, our car, and other things. Hub...

    Jeffrey’s Answer

    Generally speaking, based on the facts you present, your husband is eligible for adjustment of status to that of a lawful permanent resident. Additionally, you can petition for your step-daughter as well. However, more facts are needed before a specific course of action can be recommended.

    Consult with an experienced immigration attorney who can advise you as to the options available, what to expect, and how best to proceed. Many attorney will conduct consultations via telephone or Skype for clients outside their local area.

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  • E2 visa

    Let's say that I have invested 40k towards buying 50% of a business . ( let's assume this amount is sufficient for the sake of The questions ) Then I made another 10-20k for renovation and improvements . From the immigration stand point , would t...

    Jeffrey’s Answer

    Generally speaking, any money you invest in support of the business enterprise can be counted towards your investment. While there is no set amount that you have to invest to meet the substantiality requirement, your numbers are low so this will invite scrutiny by USCIS or a consular officer. Additionally, there is a big difference between investing 60K for 100% of a business versus 50% of a business which you appear to be proposing as it essentially devalues your investment by half. Further, you have a marginality issue as well which may be able to be resolved by a detailed business plan, but many more facts are needed before any formal advice can be provided.

    You can learn more about the E-2 visa by clicking on the link below. Adjudication of an E-2 visa application is a very subjective on the part of the adjudicating officer. Consult with an experienced immigration attorney who can review your plans with you and advise you to any potential pitfalls and possible solutions for a successful application.

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  • What kind of trade is required to get a e1 visa? Can it be marketing services, internet sales, call-center, SaaS and such?

    Hello, I'm both an Israeli and Russian citizen and I run my own small business in Russia now. I want to move to the USA and to start up a business there as well. I've considered different variants like eb5 or l1a->eb1c but they all seem too expe...

    Jeffrey’s Answer

    Trade can be in goods and/or services as long as it is international in scope, but it must be substantial to support an E-1 visa application. Moreover, at least 50% of the trade must be between the United States and the treaty country (in this case, Israel). You can get more information about the E-1 visa by clicking on the link below.

    The answers to your questions will depend on the specific facts of your case and this forum is not the place to get individualized advice. Schedule a consultation with an experienced immigration attorney who can review your case with you and advise you how best to proceed.

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  • Can i apply for a student visa if my husband has not filed a GC application for us ?

    GC husband, daughter and me (wife) living abroad. still havent decided to apply for GC or wait until naturalization.

    Jeffrey’s Answer

    Generally speaking, theoretically it is possible. With a LPR husband and daughter the likelihood of it being granted? Zero. You are probably wasting valuable time not having your husband petitioning for you already, but more facts are needed. Consult with an experienced immigration attorney who can review your case and advise you of the options available. Many attorneys will conduct consultations via telephone or Skype for clients outside their local area.

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  • Can Coa : cr6 file benefit to join or 130 for children under 21 outside the country . Which is better and faster

    Thank you all for all the topic here . I have a heist ion if you recieve an adjustment under Coa : cr6 can you bring your under 21 children under an application for benefit to follow instead of an 130 to make it faster ? Would please want to kn...

    Jeffrey’s Answer

    As a CR6 beneficiary you are an immediate relative of a U.S. citizen. In such a case there are no derivative beneficiaries so your children are ineligible to follow to join. You or your spouse must file petitions for your children to be issued immigrant visas. Assuming your children qualify as step-children under applicable law, it will most likely be faster for your U.S. citizen spouse to petition for them, but there are a number of factors that should be considered. Consul with an experienced immigration attorney who can review your case an advise you how best to proceed.

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  • Are they opened monday easter and If they are closed, should i go on tuesday? It's a 6 hours drive, so i have to know for sure

    Hi. I just got the biometric appointment letter today! Friday 25th of march. It says that i can come in between march 14 and 28. Well 26th and 27th its weekend, they are closed. So monday is the last day, but, it's Easter!!! I cant find anywhere a...

    Jeffrey’s Answer

    Easter Monday is not a Federal Holiday. All Federal Government offices will be open their regular business hours.

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  • Will there be any problem during visa stamping due to the dismissed and closed petty theft case?

    I was involved in a petty theft case, the case was dismissed and closed after taking an theft class for 6hrs. My question is: I want to go to stamping for my visa and is there any possibility that this case be found in the records and there would...

    Jeffrey’s Answer

    All criminal arrests, citations, etc. must be disclosed on all visa applications. The fact that your criminal case was dismissed does not waive this requirement. The key to a successful visa application will be for you to have the proper records in your possession during your visa interview and to be well prepared Consult with an experienced immigration attorney who can review your case with you an advise you how best to proceed.

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  • Do I need apply individual for I-485? Do I renew DACA?

    I applied last year to I-130 ( my brother is American citizen, he applied), for me, and my two daughters. ( 21 and 19). It was before she turn 21. I received the "I-767" with the priority date.... I m going t apply now to I-485....I have 2 questi...

    Jeffrey’s Answer

    While completing immigration forms can appear simple, there is much more to immigration then just completing forms. From what you describe you appear to be in over your head which could lead to a very unfortunate situation with dire consequences.

    You should consult with an experienced immigration attorney who can review your entire immigration history and advise you as to the appropriate actions to take and what to expect.

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  • Can I travel out of country in august? my temporary green card will expire 10/21/16. can I leave USA from 8/1-9/6/16? thx

    can I travel out of the country in august this year if my temporary green card expires 10/21/16? Im planning to leave in 8/1 coming back 9/6/16? when come back i plan to renew green card. than you

    Jeffrey’s Answer

    So long as you are otherwise admissible and return prior to the expiration of your permanent resident card you should have no problem.

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