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Immigration Law

Immigration Law in Las Vegas

Immigrants are subject to many rules and restrictions under immigration laws in Las Vegas, whether acquiring a visa or adjusting status to become a permanent resident. Violations of such laws can have serious repercussions, which is why seeking the legal guidance of a competent Las Vegas immigration attorney can prove invaluable. An immigration lawyer in Las Vegas at Fountas & Associates can help. A seemingly innocent matter such as overstaying a temporary visa can result in denial the next time you try to obtain a U.S. visa. The United States Citizenship and Immigration Services (USCIS) maintains visa records for many years and checks for status violations when issuing visas.

Immigration laws grant preference for family and employment based visas

The most common forms of U.S. immigration are family and employment based. Many types of visas exist under immigration law, and special immigration opportunities are granted for immediate family members, such as spouses, children, and parents of U.S. citizens and green card holders. Spouses, parents an minor children (under 21) have unlimited visas numbers available and are not part of the visa quota system. The visa quota system includes, unmarried sons and daughters of U.S. citizens which have first preference. Spouses and unmarried sons and daughters of green card holders have second preference. Married sons and daughters of US citizens are accorded third preference. Fourth preference is reserved for brothers and sisters of US citizens that are at least 21 years old. Employment based visas also operate on a preference system, granting first preference for visas to priority workers. Immigration laws in Las Vegas define priority workers as professionals with extraordinary abilities in the sciences, arts, business, or athletic fields; or who are outstanding professors, or executives and managers employed for more than one year with U.S. companies. Such immigrant visas are often stepping stones for adjusting to permanent status, which allows foreign nationals to live or work permanently in the United States. Status violations of all visas subject the visa holder to the possibility of deportation, especially if criminal charges are involved.

Deferred Action for Childhood Arrivals

According to USCIS FAQs released in August 2012, an individual who meets the following criteria may apply for deferred action if that person:

Was under the age of 31 as of June 15, 2012;
Came to the U.S. before reaching his/her 16th birthday;
Has continuously resided in the U.S. since June 15, 2007, up to the present time;
Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
Has not been convicted of a felony, a "significant misdemeanor," three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety.

Las Vegas immigration law firm

Fountas & Associates is a Las Vegas immigration law firm. Our immigration law attorney can help you understand the requirements for visas, permanent residency, and citizenship. We work with you so you can comply with immigration requirements and reunite with your family or find employment in the United States. We also advise sponsors on immigration issues and defend clients in deportation proceedings.

Get legal help for immigration law in Las Vegas

Provide as much information as possible about your question. While this contact does not serve to establish an attorney/client relationship, it allows our legal team to begin an assessment of your case.

Eligibility Status for Special Immigrant Juvenile Status

To petition for Special Immigrant Juvenile Status you must have a state court order that contains certain findings, USCIS uses to determine your status. The state court may be called "juvenile court", "family court", "orphan's court", or some other name, depending on which state it is in. The court must have the authority under state law to decide on the custody and care of children.

Actions State Court Must Take

A state court in the United States must decide:

To declare that you are a dependent of the court or to legally place you with a state agency, a private agency, or a private person
It is not in your best interests to return to your home country (or the country you last lived in)
You cannot be reunited with a parent because of ANY of the following:
- Abuse
- Abandonment
- Neglect
- Similar reason under state law

Eligibility Requirements

To be eligible for Special Immigrant Juvenile status:

You must be under 21 years old on the filing date of the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
Your state court order must be in effect on the filing date of the Form I-360 and when USCIS makes a decision on your application, unless you "aged out" of the state court's jurisdiction due to no fault of your own
You cannot be married, both when you file your application and when USCIS makes a decision on your application
- "Not married" includes a child whose marriage ended because of:
  - Annulment
  - Divorce
  - Death
You must be inside the United States at the time of filing the Form I-360