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Immigration Law FAQ's

Frequently asked questions about Las Vegas immigration laws

Fountas & Associates answers questions about immigration laws in Las Vegas for many of its clients. Here are some common questions that people frequently ask:

How can you bring your parents to live permanently in the United States?

U.S. citizens 21 years or older (not permanent residents) may sponsor parents to live or work permanently in the United States. The sponsor must show that household income is adequate to support the family (minimally 125% above the U.S. poverty level based on household size). An immigration law firm in Las Vegas can help you file necessary legal documents, including an Affidavit of Support for a Relative. Contact us to help with immigration in Las Vegas.

What is a visa waiver and who qualifies to use one?

The U.S. Visa Waiver Program (VWP) allows nationals to visit the U.S. and travel for tourist or business purposes for 90 days. Thirty six VWP countries participate in the VWP program and people from these countries may travel without a visa in the United States if they meet eligibility requirements.

If I have a visa waiver may I apply for a visa and stay past the 90 days?

Generally, no. However, the only exception is:

  • If you marry a U.S. citizen during the 90-day stay, you may then apply for a green card.

Can a U.S. citizen under age 21 sponsor someone for permanent residency?

Except for sponsoring spouses, which have no age limit, U.S. citizens must be 21 or older to sponsor a foreign national for permanent residency.

When applying for a green card, does your national origin matter?

Except for Mexico, Mainland China, India and the Philippines, annual immigration quotas for countries named in the permitted immigration list are the same.

When do you need a K-1 visa as opposed to a green card for marriage with a foreign national?

When planning to bring a foreign national to the United States for marriage, you must obtain a K-1 visa while your fiancé(e) is outside the United States. If a border guard or airport inspector suspects that a fiancé(e) without a K-1 visa is entering the United States with the intention to marry, he or she can be denied entry and barred from re-entry for five years. If you marry outside the United States, your spouse is not allowed U.S. entry until he or she applies for and receives an immigrant visa. Contact our immigration law firm in Las Vegas to discus your immigration law needs.

Can anyone apply for the Diversity Lottery (DV) program?

No. The United States has a list of qualifying countries, and you must be a native or resident of a country on the list, in addition to meeting minimum educational or occupational training or employment requirements.

What is a significant misdemeanor?

For purposes of this process, a non-significant misdemeanor is any misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria:

Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; and

Is one for which the individual was sentenced to time in custody of 90 days or less. The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by ICE.

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