Nevada Immigration Legal Questions

There are certain types of crimes that can be an issue for Citizenship. Many of them are not issues at all. We need to look over the disposition documents and to do some research to tell you. We also need to figure out the timing and to see if the issue has an impact on your "good moral character".... Read More

If you have overstayed by more than 180 days but less than 365, as soon as you depart the US, you will automatically trigger the 3 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases. If you do not have a US citizen spouse, then it is obviously going to be impossible to prove extreme hardship. Once the 3 years are up, you will be eligible for a visa but you will not be able to travel on the VWP any longer even though you will still be a citizen of a visa waiver country because as soon as you violated the terms of the VWP, you can no longer utilize it.... Read More

It looks to me that your problem may be more than getting a US citizenship, instead, you may be facing deportation from the US. What you consider a misdemeanor in the context that you have explained it is likely an aggravated felony. At a bare minimum, this may be treated as a CODV crime of domestic violence and hence, an aggravated felony. Do not file anything with CIS and do not travel outside the US at this time. Instead, speak to an experienced immigration attorney.... Read More

No, just because your card may have expired does not mean that your status has. Once you are a green card holder, you have that status for life unless you commit an offense that would make you deportable. You cannot be deported just because you seek a divorce. However, you should probably renew your green card or apply for US citizenship so you have a valid document as to your status.... Read More

It takes about 2-3 years for children under the age of 21 of permanent residents to qualify for an immigrant visa and about 4-6 years for children over the age of 21 of permanent residents. So, the fact that the I-130 is approved is only the first step. The visa priority date, established by the filing of the I-130 petition, also has to be current for the preference category under which the I-130 was filed in order for you to immigrate. Additionally, in order for you to adjust status within the US, you have to remain in valid non-immigrant status throughout the entire time you are waiting for the priority date to become current. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read More

Criminal Relief. The U.S. Immigration laws are very strict. In this particular case, the past crime is preventing you from going forward with obtaining any immigration benefits. In fact, in a deportation in this type of matter, it could very well result in deportation for life without any possibility of coming back. It is never easy to obtain criminal relief, but it is the only realistic chance that exists. We file the necessary paperwork in order to try to get the conviction vacated or reduced so that it is not an aggravated felony. A Supreme Court case Padilla vs. Kentucky has come out which essentially states that if you were not properly notified of the immigration consequences of your plea, then your sixth amendment rights to counsel have been violated. Thus, we would go back into the criminal court based in large part on Padilla vs. Kentucky.... Read More

It probably will affect your upcoming naturalization interview because you must show you are of good morale character and theft is a crime involving moral turpitude under immigration law.  You should hire an immigration lawyer to representing you in the criminal matter or have your attorney in the criminal case consult closely with an immigration lawyer to try and get the charge altered or dismissed.... Read More