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Nevada Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Nevada on
Q: Hello, I am applying for Green Card w/Form I-130 & I-485 & I-864. Do I need also 245(i) w/Penalty $1,000?

I was brought to the US by my parents illegally, w/o inspection or Visa in 1989 when I was 3 yrs old. I have been in this country ever since. I am now under DACA and have a Work Permit.I am applying for Green Card w/Form I-130 & I-486 & I-864 as my Spouse of 4 years is a US Citizen.

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 5, 2022

Well,, if you in fact you entered the United States without inspection as a minor along with your mother, then you would not be able to obtain your green card. Unless there's some waiver that you may be able to take advantage of. In addition, unless you have been grandfathered under 245(i),... Read more »

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1 Answer | Asked in Family Law and Immigration Law for Nevada on
Q: How to I get a copy of certificate that show that my name was legally changed during naturalization?

I just need an Affidavit signed by court saying her name was modified; changes from Jingle Melton to Cloe Melton.

Kevin L Dixler
Kevin L Dixler
answered on May 9, 2022

You will have to file a form N-565, pay $555, and wait. The current processing times can exceed 11.5 months. For more information, go to www.uscis.gov or schedule an appointment with a competent and experienced immigration attorney.

2 Answers | Asked in Immigration Law for Nevada on
Q: wife was here on a permanent resident Visa her visa expired last year

need to file form i-130 and they form 485 is there any other things that we need to file such as an Affidavit of Support

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Jan 17, 2022

Using the information you provided, if your wife is a permanent resident that is also known as a green card holder. The next step could be for her have her conditions removed, with you filing what is called jointly. The documents would include the I -751 application to remove conditions and... Read more »

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1 Answer | Asked in Immigration Law for Nevada on
Q: After receiving my green card (temporary permanent residency) do I need to apply for a social security number?

I received my green card but have not received a social security number. When I filed the I-485 I also sent an I-765 authorization for employment and in the I-765 asked to receive a social. I’m now wondering if I was even supposed to send in an I-765, and if not, do I need to apply directly with... Read more »

Agnes Jury
Agnes Jury
answered on Nov 21, 2021

If your I-765 was not approved BEFORE you got your green card, then you should apply for SSN. The reason is that upon your green card being granted, the I-765 was "closed" so it never got to the SSA for processing. Best wishes!!

1 Answer | Asked in Immigration Law and Agricultural Law for Nevada on
Q: We ,own a golf course within city limits, are we required to keep free range cattle off of our golf course?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 21, 2021

Even generally, you, as golf course owners must control the perimeter of your golf course to ensure that random animals do not destroy or interfere with the gold course operations. If you still have concerns, reach out to the municipal or county office to receive the appropriate guidance on that... Read more »

1 Answer | Asked in Immigration Law and Military Law for Nevada on
Q: Can someone get their parents their papers even if they have been discharged from the military.

The papers have already been sent to D.C. for processing so they can get their citizenship. This started because of the enlistment into the military and the constant talk with a lawyer. But if the person is discharged, can they still get their parents their papers?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

Possibly, based on one's military discharge status and other factors. You indicated the parents do have a licensed immigration counsel which should be the best legal route as that professional should be intimately familiar with the case fine, correspondence, case filing and evidentiary case support.

1 Answer | Asked in Immigration Law for Nevada on
Q: I have been here illegally for over 20 years, came over on an F1. I have decided to return home in a few weeks...

to Singapore. My father has cancer and cannot fly so I plan to go to him. My plan was to go to the airport with my valid passport but expired visa and leave. Any advice on if this is the right course of action.

would love to know I won't be detained and miss my flight.

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 20, 2021

OK so anyone who has overstayed his visa by more than 12 months and exits the United States is then barred from returning to the United States for a period of 10 years. If you have overstayed your visa by 20 years and then leave to go back to Singapore, you will not under immigration law be able to... Read more »

1 Answer | Asked in Immigration Law for Nevada on
Q: Can I immigrate to US from U.K. if I was charged at 17 with 2 counts of robbery that I did community service for?

What is the best way? I am planning to marry my fiancé who lives in the US but I am afraid of these charges not allowing me to live in the US. What are my options?

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Aug 18, 2021

If you were charged as an adult you may not be eligible to immigrate to the USA. If you were charged as a juvenile the conviction may not effect your ability to adjust status.

2 Answers | Asked in Immigration Law for Nevada on
Q: I have been in US since 1978 with no interruptions. I am undocumented with no criminal record. Can I legalize my status?

I was born originally in Italy. I am 72, retired. I own 3 condos in Las Vegas and I pay real estate taxes. I am financially secure.

Adan Vega
Adan Vega
answered on Mar 21, 2021

Your undocumented status, your longevity in the U.S. , and ownership of real estate will not automatically lead to a lawful status.

Other factors will need to be examined to determine your options:

•Do you have U.S. citizen or resident relatives?

•Have you been the...
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1 Answer | Asked in Divorce and Immigration Law for Nevada on
Q: Legal separation, just separation or divorce before Green card interview?

My wife and I got married more than a year ago after dating a little more than two years. We got tired of not being able to be together all the time since I'm Mexican and she is a US citizen. So, We got married because we loved each other and filed the necessary docs to the USCIS with the help... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Dec 3, 2020

I suggest discussing your situation with an experienced Immigration attorney regarding your green card application. As for the divorce, it appears you are on your wife’s timeline as to when the divorce will occur or become final. In Nevada, a spouse cannot delay or refuse a divorce if the other... Read more »

2 Answers | Asked in Immigration Law for Nevada on
Q: Can I petition someone as fiance if they still married in another country?

I’m trying to get my fiance in the US. She tried tourist visa so many times but keep getting denied. She still married to her Previous husband. She applied for Annulment waited for 2 years and still get denied. We don’t know what other options we can do. We been together for 6 years now. All I... Read more »

Adan Vega
Adan Vega
answered on Nov 28, 2020

The FORM I-129F can not be filed on behalf of your fiancée if she is legally married to another person.

A lawful marriage in the Philippines will be recognized in the U.S. Hence your fiancée must first divorce before you can file the FORM I-129F.

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1 Answer | Asked in Immigration Law for Nevada on
Q: Still waiting for I-751 schedule interview after RFE was requested

On RFE, I was not able to provide joint bank statement because it was closed for a reason that we cannot reconcile our expenses and decided to have our bank account and share expenses. lease of apartment agreement which we don’t have bec. We’re leaving in a friends house. We filed tax... Read more »

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Oct 28, 2020

The supporting documents provided for a marriage vary by the copules circumstances. An attorney will need to sit down with you in a consultation and discuss your situation, documents yo may be able to provide, and, oral testimony.

1 Answer | Asked in Immigration Law for Nevada on
Q: Applying for citizenship. Is it legal to not include a minor son that resides in a foreign country?

I am applying for naturalization. My son lives in the Philippines and I am not in good terms with his mother and she refuses to provide documentation that I need pertaining to my son. and it's delaying the process of my application. Is it okay to leave out information about my son and petition... Read more »

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 8, 2020

It would be best to include him. Not much info is requested, and you can always put down “unknown” for information you don’t know and explain the circumstances at the interview.

1 Answer | Asked in Immigration Law for Nevada on
Q: Can I get advance parole if I’m undocumented in order to get a green card? I don’t have daca
Adan Vega
Adan Vega
answered on Aug 10, 2020

If you have been undocumented for more than 180 days and you have managed to file for adjustment of status, I recommend that you do not request an advance parole document. You can travel abroad once you have received your permanent resident status.

Good luck to you.

2 Answers | Asked in Immigration Law and Constitutional Law for Nevada on
Q: How do you define a Natural Born Citizen?

Based on Article II , Section I, Paragraph 5

"No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President..."

If a Natural born citizen is defined as a child... Read more »

Mario Musil
PREMIUM
Mario Musil
answered on Jun 10, 2020

This question leaves much to interpretation. However, it is my belief that one born outside the USA, born to US Citizens, is eligible to become a US President.

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2 Answers | Asked in Immigration Law for Nevada on
Q: My case was sent to the department of state for visa processing. What does this mean and what should I do next?

I am the petitioner for my wife

Stephen Arnold Black
Stephen Arnold Black
answered on May 30, 2020

More facts are needed. Is your wife overseas applying for a spousal visa at the foreign consulate ? If so then your processing is going through the normal channels.

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2 Answers | Asked in Immigration Law for Nevada on
Q: Can a person who is undocumented apply for advance parole if they have no lawful status?

These are people that don’t have DACA or I 485 pending

Robert Roy Klein
Robert Roy Klein
answered on May 4, 2020

No, if the person does not have status or authorization to stay in the US, the person can't ask for permission to re-enter the US to remain without status. They're already breaking the law by being in the US without status. Filing a 131 will only alert the government of the person's presence.

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2 Answers | Asked in Immigration Law for Nevada on
Q: I got a request for roe for i485. They’re requesting my tax return can I send an amended return with that?

I filed single cause I didn’t know you could file married but filing separately. I’m going to send an amended return along with the transcript. Would that be an issue?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Mar 25, 2020

Should be no issue. They want to see what your income was for the most recent tax year.

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1 Answer | Asked in Immigration Law for Nevada on
Q: I am a USC and my wife is a LPR, we would like to know if my daughter (age 4) is eligible to get her US passport?

I petitioned for her and entered the US as a LPR last year.

Deron Edward Smallcomb
PREMIUM
Deron Edward Smallcomb
answered on Mar 6, 2020

Based on the brief information you shared, it seems that she would be eligible for a passport. That said, you should contact an experienced immigration attorney to provide further information and discuss.

1 Answer | Asked in Immigration Law for Nevada on
Q: I’m going to be filing for my n-400 for naturalization but got a speeding ticket 2weeks ago. Can I still file?

Do I have to disclose this in my N-400?

I went to LVticket authority to be taken care of.

My fine is around $150 for going 5 miles over

My problem is they moved the court date to May. Should I wait after the court day before filing or I should be fine?

Adan Vega
Adan Vega
answered on Feb 20, 2020

You can file the FORM N-400 with USCIS if you can fulfill all of the requirements for naturalization.

The traffic violation must be disclosed in the application for naturalization. You also will have to eventually disclose the disposition of the violation.

Good luck to you.

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