Nevada Immigration Legal Questions

There is a chance that you may receive an RFE from U.S.C.I.S. because of lack of the passport for your two children. You should attach an explanation along with copies of your wife's passport and the specific page that refers to  each of them along with sending in copies of the I-94's if you still have them.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 More

Hello, Your spouse may immigrate to the U.S. after you marry but you would need to file for an immigrant visa and wait for approval before he can join you in the U.S. The U.S. consulate would consider his criminal history and he may be denied entry because of certain criminal convictions. At that time you may be able to file a waiver. Some, not all crimes can be waived and he would have to remain abroad until a decision is made on his waiver application. It is important that you get his full criminal history and speak with an experienced immigration lawyer before you move forward so that you can understand the possible effect of his conviction on his chances of living in the U.S. Good Luck. Disclaimer: he information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney. ... Read More

If you disclosed the incident when you applied for your permanent residence, it should not have much effect upon your citizenship application. The period of time required for an applicant to demonstrate good moral character is usually 5 years, and if you have already met that and have had no other incidents with the law, you would generally be found to have good moral character. 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 More

It would appear under the circumstances that you describe that the person could be a U. S. citizen if he was physically living with his father at the time that he came into the U. S. and his father had legal custody.  If so, he can either make an application for a certificate of citizenship on form N-600 or apply for U. S. passport. It is not a requirement that he be physically present in the U. S. at the time of his father’s ceremony. 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 More

Contesto tu pregunta en español porque dad tu redaccion parece que te expresas mejor en ese idioma.  Tu pregunta es confusa porque no esta claro como estuvo tu madre aqui, por cuanto tiempo o como.  Si eres ciudadano americano es muy factible que puedas inmigrar a tu madre desde Venezuela.  Si deseas discutir tus posibilidades, puedes comunicarte directamente con nosotros mediante correo electronico a jbejar@immigrationlawclinic.com.  La idea seria aclarar los detalles y tratar de resolverte la pregunta.  Si tu madre no estuvo ilegalmente en EUA por mas de seis meses, es muy factible que la solucion a tu problema sea razonablemente rapida.  Atentamente,  Jan Joseph Bejar, Esq.... Read More

You or your attorney could attempt to speak with ICE and request an exercise of prosecutorial discretion to refrain from putting you in front of the immigration court. In the event that it does not work out, kindly note that scheduling cases in the immigration courts across the country takes time as there is a huge backlog of cases. In addition, you or your attorney could make the immigration judge aware of your present situation if you are soon called to hearing. In the absence of other negative factors, most judges and ICE attorneys would agree to a continuance to allow your girlfriend to straighten out her situation, for you to marry, and for her to file a petition on your behalf. 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 More

You can explain your extra month and a half in China at the interview for naturalization. Being out of the country for 7 1/2 months does not make you ineligible for citizenship – a naturalization examiner generally wants to know that the applicant is residing in the States and has good reason for being out of the country for six months and more if such occurred. The presumption of abandonment of residence after a trip of over six months is usually able to be overcome by a reasonable explanation. 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 More

Proof of three month state residency for naturalization can be in the form of utility bills, telephone bills, credit card statements, cable bills, driver's license or any other correspondence or junk mail that would show that you have been living in the state or U.S.C.I.S. district for the three-month period of time.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 More

If your authorized stay ended four days before your scheduled flight departure date, you should have either rescheduled your flight to leave the country on time or put in for an extension of status with U.S.C.I.S. The difficulty with violating status is that you will be dependent upon the good graces of an immigration inspector on your next entry or that of a consular officer if you must reapply for another visa (please note that an overstay automatically invalidates the underlying visa).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 More

I am not sure whether your case would fall under this policy myself. This is not a situation in which you resided in the state of Nevada, moved to California for a few years, and are now transferring back to Nevada. Your situation shows much less connection to the state of Nevada. You may wish to read Nevada cases on how the residency policy has been interpreted or consult a local practitioner familiar with education law. Otherwise you can just argue in your application that you are eligible for in-state tuition and see what happens.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 More