Nevada Immigration Legal Questions

You will need to contact firms directly. You can use the "find a lawyer" feature to find attorneys who meet your criteria. Our office has experience filing N-600s and bilingual staff but not bilingual Spanish-speaking attorneys. You can read more about deriving citizenship at http://myattorneyusa.com/citizenship-and-naturalization.... Read Answer

You will trigger a bar to future admission depending upon how long you overstay your authorized stay. The bar is triggered once you overstay by more than 180 days. Unlawful presence of more than 180 daysbut less than a year triggers a three year bar. Unlawful presence of a year or more triggers a ten year bar. There are additional bars to admission if you are removed by the U.S. Government. You can read more at http://myattorneyusa.com/unlawful-presence-in-the-united-states.... Read Answer

I cannot answer your question based upon the information provided. It is not clear whether you are subject to any bars to admission that would require a waiver. Needing a waiver would result in you having to remain outside the U.S. longer. I would encourage you to meet with an attorney before leaving the country. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You will need to depart the country and apply for a visa abroad regardless of whether you seek H-1B or EB-3. You may not change to another nonimmigrant status or adjust your status to lawful permanent resident while in the U.S. on ETSA. Either option may be viable. However, the employer could not file an H-1B petition on your behalf until April 1, 2017 for work to begin on or after October 1, 2017. The immigrant visa process will also take time as there are many steps that need to be undertaken before you can actually seek permanent residence. I encourage you to sit down with an attorney to discuss the options in more detail. You can find information on both H-1B and EB-3 at http://myattorneyusa.com/.... Read Answer

Hello,   If no one ever filed an approvable petition such as a family petition for you before April 30, 2001, then the Advance Parole option may be a good choice if you want to spend very little time away from your family. We have successfully used this option at our law office for some clients and they received their green cards after we filed their applications. It is important that you speak to an experienced immigration lawyer in your local city to discuss your background in detail to make sure that this is the right choice for you. Good Luck.     Disclaimer: This information is of a general nature and is not, nor is it intended to be legal advice. For legal advice about your specific case, please contact your immigration attorney.... Read Answer

You may not have been lied to be the authorities. Local law enforcement may have been planning to release your husband until ICE placed a detainee in him. The ICE detainee requires local law enforcement to notify ICE when an alien is going to be released from custody so ICE can take him into custody. You really need to retain an immigration attorney as soon as possible. What can be done to help your husband will depend upon his immigration and criminal history. You can read more about deportation/removal defense at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

No. You cannot directly petition for a niece or nephew. The spouse and children of your sibling will be able to derive an immigrant visa from the petition you already filed. You may wish to notify USCIS of the birth of the children. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Finding an attorney should be your priority. I know it can be difficult to find the right attorney but you need to take the time to do so. Have you consulted any attorneys? You may want to look outside the area where you live. The criminal conviction may limit the relief available to him. Even a single criminal conviction can make it impossible to keep someone in the country. You can read more about criminal aliens at http://myattorneyusa.com/criminal-aliens.... Read Answer

You will not necessarily be deported but you will not be able to obtain a green card based upon the petition your wife filed. You may be able to self-petition for a green card under VAWA or seek a U visa depending upon more information about the incident and marriage. You can read more at http://myattorneyusa.com/victims-of-violence-immigration.... Read Answer

You may be eligible to apply under the four year and one day rule. This would allow you to apply for naturalization four years and one day after returning from a trip abroad. Otherwise, you will have to wait five years unless married to a United States citizen, which would allow you to file in three years. You will need to make sure you meet all eligibility requirements. You can read more about naturalization at http://myattorneyusa.com/family-immigration.... Read Answer

1. You may request the immigrant visa application process be expedited. Given the case is currently at the U.S. Embassy, you would need to make a request to that office. The NVC no longer has jurisdiction. However, please note your pregnancy may not be sufficient reason for expediting. Expediting is usually reserved for humanitarian situations.  2. If your request is approved, your parents could be interviewed within 2-4 weeks. It will really depend upon interview availability at the U.S. Embassy.  3. No. It is highly unlikely yor parents would be issued visitor visas given the stage in processing they are for their immigrant visas. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Yes. The sponsor must indicate the number of unmarried children under 21 years ogre on the Form I-864. These children can only be excluded if the children have reached the age of majority under the law in the place where they live and the sponsor does not claim the children as dependents on his/her taxes. You can read more about the affidavit of support at http://myattorneyusa.com/sponsoring-for-immigrant-visas-or-adjustment-of-status.   ... Read Answer

Either marrying in the United States or America Samoa is a viable option. Unfortunately, neither the fiancé visa petition process or the immigrant visa process is particularly fast or easy. Requesting either immigration benefit is a process that must be completed properly. The fiancé visa would likely be the fastest process to unite you in the country but after marriage there will be additional process. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

It is unlikely the petition would be approved if your spouse does not appear for an interview. Typically, USCIS requires both spouses to appear for an interview. There are exceptions for active duty military personnel deployed overseas who cannot, but your fiancé is not a member of the military. Your spouse should make an effort to appear for the interview. If he cannot appear for the interview, he will need to clearly establish why this is not possible. You can request processing be expedited but USCIS rarely exepedite a processing unless there is a significant humanitarian issue. You can read more about the process at http://myattorneyusa.com/family-immigration. I encourage you to work with an attorney in this situation.... Read Answer

There are two waivers available to individuals who made a material misrepresentation or committed fraud. One waiver is for those seeking an immigrant visa or adjustment of status. This waiver requires establishing a qualifying relative would suffer extreme hardship. The other waiver is for those applying for a nonimmigrant visa. For the nonimmigrant visa, you are not required to establish extreme hardship. Rather, the severity and recency of your immigration violation will be balanced with the purpose of your travel and danger you pose. You should also keep in mind that your prior conviction could also pose an issue. Expunging a conviction does not provide any immigration relief. ... Read Answer

There is no process. The foreigner simply applies for a visitor visa by completing a DS-160 and scheduling an interview at the U.S. Embassy. You are free to provide a letter of invitation for the foreigner to take to his/her visa interview, but these documents are given little weight. The foreigner will need to credibly establish the reason for his/her trip as well as ties to his/her country that make it likely he/she will return.... Read Answer

Persons looking for immigration lawyers do not have to look for lawyers in their immediate vicinity. Immigration law is such that most cases do not require a lawyer within a proximate area. For the type of case that you are talking about, the petition would not go to a local immigration office, but to a U.S.C.I.S. service center office in Missouri after first being receipted by a lockbox facility in Chicago. Following a service center approval, the son's case would be shuttled for further processing at the National Visa Center in Portsmouth, New Hampshire, before being sent for consular processing to the American Embassy in Mexico.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

You would need to be the beneficiary of an immigrant visa petition and have a qualifying relative. Your children cannot file an immigrant visa petition on your behalf until one of them reaches the age of 21. Your children also cannot serve as qualifying relatives. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer