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Jeffrey Adam Devore
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Jeffrey Devore’s Answers

6,716 total


  • Will requiring a 6 day work week for the job position cause the DOL to deny or audit our PERM labor certificate application?

    Hello. My employer is sponsoring me for a Greencard through EB2 category (scientist) which would require going through the labor certification PERM process. For the PERM recruitment and Prevailing Wage Determination, the job description my emplo...

    Jeffrey’s Answer

    Generally speaking, if these hours are beyond what is normal for the position then they would be considered unduly restrictive and will result in an audit. Your employer would then have to show business necessity to establish its need for an employee to work those hours. Whether that can be done depends on the specific facts of your case, but very few jobs are going to normally require those types of hours.

    Since you are asking this question here it appears you and your employer have lost confidence in your attorney. You and your employer should consult with an immigration attorney who has extensive experience with labor certifications.

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  • How to stay n work in USA legally with my prosperous internet startup and i'm running out of time?

    Hi I'm 28 years old came in USA with B1 business visa. Country that I came from has E2 entrepreneur visa facility with US. This is my 5th month in US. Now I've this internet startup kicked off from Florida for the last 5 months which getting popu...

    Jeffrey’s Answer

    I suggest you start with a consultation with an experienced immigration attorney who can review the specific facts of your case and determine the options available to you. This forum is not the place to get individualized advice.

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  • Old name issue for Adjustment of Status

    I came here on an F-1 visa and I have been married to my US Citizen wife for a year. I underwent a name change before I came to the US. We are preparing our AOS packet and realized that I forgot to mention the old name on my F-1 application. I pro...

    Jeffrey’s Answer

    Generally speaking, did you commit a misrepresentation? Yes. Was it a material misrepresentation? Maybe. Such a finding would render you inadmissible to the United States for fraud. Whether your misrepresentation was material depends on the specific facts of your case.. Consult with an experienced immigration attorney who can review the facts of your case in detail, advise you what to expect, and how best to proceed.

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  • What should I do to change my date of birth on my passport and certificate if I am an orphan that has recently found my family?

    I became a naturalized citizen of the United States several years ago. I came to America as an orphan so I put an estimated date of birth on my naturalization documents. Recently I've found my family in Korea and I discovered my real date of birth...

    Jeffrey’s Answer

    A certificate can only be changed when the change is deemed "justified." Applicable regulations specifically state that a correction will not be deemed justified where the naturalized person later alleges that the name or date of birth the he or she stated to be correct at the time of naturalization was not in fact his or her name or date of birth.

    Unfortunately you will not be able to change the date on your Certificate of Naturalization. This is because you swore as to the correctness of he information on your application, including your name and date of birth, at the time you took the oath of citizenship.

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  • The daughter wants to add her 20 yr old daughter to the approved petition. She turns 21 November 2016. Can she be added?

    Hello everyone and thank you in advance for looking into my question. My uncle is a US citizen and he filled a petition for his married daughter/over 21 and her spouse that live in Cuba. The I-130 has been approved and they have an interview at th...

    Jeffrey’s Answer

    Assuming the beneficiary's daughter is single, she can be added, but the question is why wasn't she listed on the petition to begin with? When the petition was field will also be relevant in determining whether she can ultimately be issued an immigrant visa as a dependent child. Best to consult with an experienced immigration attorney who can review the specific facts of the case.

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  • How the visa numbers in EB 2/3 are allocated if principal applicant is a Canadian citizen and dependents are Indian Citizens?

    I am a Canadian citizen ( primary applicant for the green card ) and my spouse and child are Indian citizens ( dependents in my application) how the priority date for Adj of status is considered? For Canada the priority dates are current in EB2,EB...

    Jeffrey’s Answer

    Assuming you a Canadian citizen by birth, then your spouse and dependent children are what is known as being "cross-chargeable" to the Canadian quota instead of India. Note visa issuance is always by your country of birth, not citizenship. Thus, you must have been born in Canada for you and your family to be charged to the Canadian quota. If you obtained Canadian citizenship after birth then you will be charged to your country of birth as well.

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  • What is the possibility of an O visa for residency training based on my CV and research experience?

    I have been accepted to a residency program in the United States. I have worked as a research scholar for 3 years on a J research visa. I have 6 peer reviewed publications, 20 plus posters and talks in prestigious international meetings. Currently...

    Jeffrey’s Answer

    I agree with Mr. Behar. Eligibility for an O-1 visa is not determine by counting pieces of paper. Without reviewing your qualifications in detail it is impossible to answer this question, thought is seems like you are on the right track. Consult with an experienced immigration attorney who can review your documents and make appropriate recommendations.

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  • My US born husband passed away, is there anything that can be done now to adjust my status? I do have an order of deportation.

    My US born husband passed away over the weekend. We had been married for 15 years and before marrying him I had an order of deportation. When we got married he did file an i-130 for me but were never able to adjust my status. We have a 13 year o...

    Jeffrey’s Answer

    Please accept my condolences for your loss.

    From what you describe there is obviously a long history to your case. For example, we do not know why you were ordered deported. Even if your daughter was 21 today that does not make the deportation order go away. Additionally, there are provisions which make widows and widowers of U.S. citizens eligible for permanent residence.

    You need to schedule a consultation with an experienced immigration attorney who can review your case in detail, explain the options available to you, an recommend how you should proceed. Many attorneys will conduct consultations via telephone or Skype for clients outside their local area.

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  • 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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