Nevada Questions & Answers

Q: My niece overstayed visitor visa (since 1993) lives in Nevada, married US citizen what forms to file her greencard?

1 Answer | Asked in Immigration Law for Nevada on
Answered on Apr 23, 2018
Carl Shusterman's answer
In order to adjust status, you must fill out Form I-485, along with supporting forms and documents. This form is issued by U.S. Citizenship and Immigration Services, or USCIS.

One of the things you must include with Form I-485 is proof that you are eligible for a green card. In your case, that means proving that you are married, and that your spouse wishes to petition for you. You may have already taken care of both things if your spouse already submitted Form I-130, Petition for Alien...
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Q: F1visa married with US citizen. If I want to stop school.Because of can not afford it. Can I apply a green card

1 Answer | Asked in Immigration Law for Nevada on
Answered on Apr 23, 2018
Carl Shusterman's answer
You can apply for adjustment of status, and stop going to school.

Good news here if you overstayed a U.S. visa: While most people in your shoes are not eligible to adjust status (and must instead apply for their visa through consular processing, in their home country), your marriage to a U.S. citizen basically cancels out the issue, and you can apply to adjust status no matter how long you were out of status. In fact, you'll be getting a double benefit by doing so, because if you...
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Q: Same sex marriage

1 Answer | Asked in Immigration Law for Nevada on
Answered on Apr 20, 2018
Carl Shusterman's answer
Yes, you can marry her and sponsor her for a green card. However, the procedure can take a couple of years.

Schedule a consultation with an experienced immigration lawyer.
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Q: Is it legal to work for two employers (one full time, other part time) on H1B?

1 Answer | Asked in Employment Law and Immigration Law for Nevada on
Answered on Apr 20, 2018
Carl Shusterman's answer
Foreign nationals in valid H1B status are eligible to work for multiple H1B employers as long as the additional employer(s) are willing to file a petition for a "Concurrent H1B."

For the benefit of H1B employees who are interested in working with multiple H1B employers, we present here an overview of the Concurrent H1B and the key elements that employers and H1B employees must keep in mind while working in the U.S. under a Concurrent H1B.
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Q: Is it legal to work for two employers (one full time, other part time) on H1B?

1 Answer | Asked in Immigration Law for Nevada on
Answered on Apr 20, 2018
Carl Shusterman's answer
Yes, persons in H-1B status can have concurrent employment.

Foreign nationals in valid H1B status are eligible to work for multiple H1B employers as long as the additional employer(s) are willing to file a petition for a "Concurrent H1B."

For the benefit of H1B employees who are interested in working with multiple H1B employers, we present here an overview of the Concurrent H1B and the key elements that employers and H1B employees must keep in mind while working in the U.S....
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Q: Filed for BK in 8/16 and then was DC on 12/16 I have a hospital bill from 10/16 can I file that as well?

1 Answer | Asked in Bankruptcy for Nevada on
Answered on Apr 20, 2018
Timothy Denison's answer
No. Prepetition debt only.
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Q: in Nevada, wht happens to someone who committed one domestic battery within 7 yr period & failed to complete classes?

1 Answer | Asked in Domestic Violence for Nevada on
Answered on Apr 12, 2018
Dale A. Hayes Jr.'s answer
The individual is subject to his sentence terms. Was there a suspended sentence? If not, the individual is subject to the Court's contempt power (up to $500 in fines and up to 25 days in jail).
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Q: What is the statue of limitations for a domestic violence misdemeanor case in the state of Nevada

1 Answer | Asked in Domestic Violence for Nevada on
Answered on Apr 12, 2018
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Q: In a domestic violence situation can they make the spouse talk if she isn’t wanting to go forward with the case?

1 Answer | Asked in Domestic Violence for Nevada on
Answered on Apr 12, 2018
Dale A. Hayes Jr.'s answer
They ("the Court") can subpoena her to trial. If she is properly served and fails to appear they can hold her in contempt for not appearing or they can issue a "material witness warrant" for her arrest. Yes, they can arrest her and hold her until she testifies. However, I do not believe the foregoing answers your question. First, her wish that the prosecution not "go forward" is irrelevant. The plaintiff in a criminal domestic violence prosecution is the government, not the victim. In...
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Q: Dui court tomorrow, no $ yet.Do I go? Don't wanna go to jail & miss my dream job I got. Barely got off the streets

1 Answer | Asked in DUI / DWI for Nevada on
Answered on Apr 12, 2018
Dale A. Hayes Jr.'s answer
Absolutely you need to go. If you don't appear the Court will issue a bench warrant for your arrest so you will most likely end up losing your "dream job" anyway. If you hire an attorney, he or she can appear at your arraignment on your behalf. Meaning you would not have to appear. However, given your apparent time constraints, you should appear. If you do not appear, assume a warrant was issued and hire an attorney right away to quash your warrant.
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Q: Volunteer Surrender on co-signed car loan post-bankruptcy Ch7?

1 Answer | Asked in Bankruptcy for Nevada on
Answered on Apr 11, 2018
William Cope's answer
Your bankruptcy discharge will no protect your mother. If the loan documents specify that she is liable if you do not pay, then the crediter will most likely be able to pursue her if it chooses to do so.

Regards,

Bill Cope
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Q: Can a F-1 student visa holder (not expired, still in school) apply for a permanent residency?

2 Answers | Asked in Immigration Law for Nevada on
Answered on Apr 9, 2018
Carl Shusterman's answer
You would need to have an employer sponsor you for a green card.

Please see https://www.shusterman.com/greencardsthroughemployment/
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Q: Is my apartment allowed to charge me for renovation fees after I moved out? (More details added to post)

1 Answer | Asked in Landlord - Tenant for Nevada on
Answered on Apr 5, 2018
Salim U. Shaikh's answer
Tenant when moved out is supposed to pay only for damages so occurred except normal wear and tear. Tenant is not liable for renovation charges nor replacement of carpet if not damaged or can be fixed after normal cleaning. Such terms are part of lease.
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Q: Me and a friend took our names off the lease because of issues between another friend, but we still got a bill.

1 Answer | Asked in Landlord - Tenant for Nevada on
Answered on Apr 3, 2018
Ronald J. Eisenberg's answer
A lease is a contract. I don't know what you mean when you state that your names were taken off the lease. Unless the landlord agreed to amend the lease to remove you as tenants or unless the lease expired and you vacated, you are subject to its terms.
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Q: is a mobile home park required to provide access to water, power and sewer to tenants?

1 Answer | Asked in Landlord - Tenant for Nevada on
Answered on Mar 5, 2018
Salim U. Shaikh's answer
Depends on how you negotiated that became a part of agreement. You must discuss issue of installation charges that you paid and how would be refund you.
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Q: I paid off my entire child support debt, yet my tax return was taken from me.

1 Answer | Asked in Child Support, Family Law and Tax Law for Nevada on
Answered on Mar 1, 2018
Linda Simmons Campbell's answer
I would start by contacting the IRS to make sure that your refund was taken for child support. If it was then you will likely need to go back to child support enforcement with proof that the IRS took the refund for child support.
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Q: Medical provider gave Personal Health Info to at fault party insurer. Does this violate patient privilege in Nevada ?

1 Answer | Asked in Health Care Law for Nevada on
Answered on Mar 1, 2018
Kevin Christopher Murphy's answer
Yes, if there was an over broad production that didn't involve anyone in the accident and/or protected info. You can report the provider to the Medical Board and pursue a HIPAA violation claim but those are very difficult cases. Good luck!
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Q: Can I follow through with the patent process after it has been abandoned for some time?

2 Answers | Asked in Patents for Nevada on
Answered on Feb 23, 2018
Peter D. Mlynek's answer
Under some circumstances it is possible to revive a patent or a patent application that was abandoned. For example, if you wanted to pay the maintenance fee or file a Reply, but couldn't (such as your company went bankrupt), then you can revive it if you pay sufficient fees. Or if the patent lapsed, but you did not mean to let it go abandoned (such as you just forgot about having to pay the fees), then you can revive it if you pay bigger fees. But if you abandoned it purposefully (such as...
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Q: I just quit my job Friday. I have $800 worth of materials and books in my old classroom. Can they keep my stuff?

1 Answer | Asked in Employment Law for Nevada on
Answered on Feb 12, 2018
Salim U. Shaikh's answer
No one can keep your belongings, however, you need to notify them clearly and can claim anytime but within a reasonable time. Did you settle with your employer or yet to be done?
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Q: Can I Sue for harassment and wrongful termination in small claims court in Nevada?

1 Answer | Asked in Civil Litigation and Employment Law for Nevada on
Answered on Feb 12, 2018
Salim U. Shaikh's answer
To sue or to be sued is a legal right. How would you substantiate harassment? How did it lead to wrongful termination? Please elaborate your question further for specific advice.
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