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Nevada Immigration Law Questions & Answers
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
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
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
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.

1 Answer | Asked in Immigration Law for Nevada on
Q: I have a green card. My husband is a US citizen. I want to bring my 13 yr old daughter to the US. What form do I use?

Does her father biological father need to be involved?

Adan Vega
Adan Vega answered on Feb 13, 2020

Either you or your spouse can file the relative petition , FORM I-130, with USCIS to commence the process to obtain the immigrant visa for your child.

An experienced immigration attorney can explain the advantages of filing as a resident or a U.S. citizen.

Good luck to you.

1 Answer | Asked in Immigration Law and Education Law for Nevada on
Q: I’m 16 years old and I can’t find any path to becoming a citizen.

Basically when I was 6 months old my parents brought me to the United States and overstayed their VISAS. Nobody in my direct family is a legal citizen, and I am at a loss for answers. I’m currently going to a CTA highschool and I want to go to university and college, but I have no idea how to go... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jan 18, 2020

The question requires legal advice that can take time and should be limited to an appointment, perhaps, a legal opinion.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, who will take the time to carefully explain what...
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1 Answer | Asked in Immigration Law for Nevada on
Q: With the new Public Charge Rule, will no employment history & Medicaid influence a Citizenship Application eligibility?

Hello - - I live in Las Vegas & I currently have a Green Card that I received through the Green Card Lottery in 2012. I am living with my Fiance (who has been supporting me) and I want to apply for US Citizenship this year. I have no employment history to indicate on the N400 Form because my... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 7, 2020

Public charge is generally not a factor in determining eligibility for citizenship, so no, that should not impact you.

3 Answers | Asked in Immigration Law for Nevada on
Q: I'm filling out an I-129F but my fiancé doesn't know where and when his father was born. Should I just put "unknown?"

I'm trying to get my fiancé a k-1 visa.

Amanda B Cook
Amanda B Cook answered on Dec 30, 2019

You can write "unknown" if it is truly unknown - but with the current administration I'd be prepared for issues from it. If you have any contact at all with that side of the family, or anyone who may know, I'd reach out to try and get the right answer.

Good luck! (Of...
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1 Answer | Asked in Immigration Law for Nevada on
Q: Is it better with Fiancee visa or Spouse visa? Which one is faster?

Hi,

I want to apply for a fiance visa and got some questions.

We have been good friends before I left to US and then we became our relationship. We have been together for 5 years now and I just became a citizen and we met for the first time about a week ago. We couldn't meet... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Nov 26, 2019

Its best to work with a lawyer who will maximize your chances of a successful application. Some of us are very affordable.

1 Answer | Asked in Family Law and Immigration Law for Nevada on
Q: I was previously married and did all the paperwork for my ex wife. Am i entitled to a copy because i want to marry again

I went to every office for immigration paid for it and i have no idea about the paperwork and i want to ask the lawyer for a copy but dont want to tip off my ex wife so she doesnt try to stall my new marriage. She is also and immigrant with a work visa and i dont even know if it will be a problem.... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 11, 2019

You can do a Freedom of Information Act (FOIA) request for the I 130 and for any documents that you signed, but you will not be entitled to a copy of the documents she signed, such as the I 485, Application for Employment Authorization or Application for Advanced Parole, as those belong to her.

1 Answer | Asked in Immigration Law for Nevada on
Q: I received my 797c from with approval for processing. I'm a student adjusting status. Can I quit school at this time ?

I currently have an F1 Visa and I'm attending school . My studies end in November/December but I'm relocating to another state. I've been married for 1 yr but We recently submitted for adjustment of status and got the I797 forms ..approved for processing . Can I quit school at this... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 9, 2019

You will not fall out of status when you quit school if your I-485 application is pending. It shouldn’t matter if you quit or not. We recommend that you keep the designated school official apprised of your plans.

2 Answers | Asked in Immigration Law for Nevada on
Q: Can my wife become a U.S. citizen if she was convicted of a drug possesion charge before we were married 10 years ago?

She was convicted in Japan. I’m a U.S. citizen. The charge was she tested positive for marijuana and exctasy on a urine test which is considered possession in Japan.

Stephen Arnold Black
Stephen Arnold Black answered on Aug 14, 2019

This may pose a challenge but the good news is she may qualify for a waiver of inadmissibility if the drug possession was simple and was a one time thing. Discuss with counsel. Counsel anywhere in the USA can represent you.

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1 Answer | Asked in Immigration Law for Nevada on
Q: I have been ordered to pay back unemployment assistance will those be a problem or grounds for deportation?

I'm a permanent resident and need to renew my card I'm worrying this will get me deported, this happened in my 8th year of residence and I'm almost here for 10 years, what can I do

Kevin L Dixler
Kevin L Dixler answered on Jul 31, 2019

More information is needed. It is important that you do not confuse the USCIS when completing your form. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any unnecessary complications. Good luck.

The above is general...
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2 Answers | Asked in Immigration Law for Nevada on
Q: Can i go back to my country to study college while waiting for my green card here in US?

btw im from the philippines

Kevin L Dixler
Kevin L Dixler answered on May 17, 2019

Much more information is needed. How did you enter the U. S.? Have you overstayed your entry card? Have you filed for adjustment of status?

I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.

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2 Answers | Asked in Immigration Law for Nevada on
Q: Can I use my GC with my maiden name and my documents (drive license and SS) with my marriage name for work?

When I applied for my green card, I was advised not to put my married name at the time of application, as I could request the exchange on the day of my interview. When the day came, I asked the interviewer to change my name and he said it was not possible. During the waiting period (long 13 months)... Read more »

Kelli Y Allen
Kelli Y Allen answered on Feb 24, 2019

You need to change your name with social security first. Once you have the new SS card, send a copy to USCIS with form I-90 and the application fee to request a new card issued in your married name.

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2 Answers | Asked in Immigration Law for Nevada on
Q: Parents brought me here illegally very young. I just want to know my options.

At around 6 months old I was brought to the U.S illegally. I am now 15 years old. I fear for my future as I go to a very good school and I want to be able to have a future without worrying about my citizenship. I have records to prove my time in the United States. I have never broken the law and I... Read more »

Kelli Y Allen
Kelli Y Allen answered on Jan 11, 2019

Unfortunately, you are in the situation of a large number of young people who need a change in the immigration laws. The Deferred Action for Childhood Arrivals (DACA) program) applies to your situation, but because of the President's executive order, no new DACA applications are being... Read more »

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1 Answer | Asked in Immigration Law for Nevada on
Q: I want to marry a girl from China, we met 3 weeks ago, can I get in trouble doing this ?/
Jingzhan Wang
Jingzhan Wang answered on Dec 12, 2018

more information is needed. What kind of trouble do you mean?

1 Answer | Asked in Immigration Law for Nevada on
Q: Can I travel in & out of the US if I lost my green card, or do I need to replace it first?

Follow up question: Can I apply for a 10-year green card, without replacing my 2-year green card?

Ashley Negrette
Ashley Negrette answered on Aug 17, 2018

If you have a two year green card you should apply to remove the conditions on your residence (Form I-751 if you received your green card through your US Spouse) 90 days before the expiration date on the card. Once that application is approved you will receive a 10 year green card.

You...
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