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Colorado Immigration Law Questions & Answers
2 Answers | Asked in Criminal Law, Divorce, Immigration Law and Domestic Violence for Colorado on
Q: My wife went missing, will the detective investigating question me more if I file jointly non contested?

We were married June 2017 in Colorado Springs. My wife is a foreigner and was here on a fiance visa, she went missing February last year and said she was going back to her home country, but nobody knows where she is. A few days ago she sent her half of the completed and signed divorce papers to me... Read more »

Courtney Edwards
Courtney Edwards
answered on Apr 10, 2020

Typically, I prefer to respond to questions posted on this forum with practical advice. However, my advice today to you is that you need to go speak, in person, with an attorney regarding this matter. There are so many nuances here to your story that need to be fully discussed with an attorney.... Read more »

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3 Answers | Asked in Immigration Law for Colorado on
Q: I overstayed my tourist visa , been here for16 years,zero crime and want voluntary removal,can I just buy plane ticket

I want voluntary removal , never had any deportation warnings , overstayed my tourist visa . Can I just buy plane ticket and go or some long process?

Amanda B Cook
Amanda B Cook
answered on Apr 7, 2020

You can just go, yes, but you will likely have trouble if you ever wanted to come back.

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2 Answers | Asked in Immigration Law for Colorado on
Q: I am a US citizen, my wife has her first green card. Can I apply for unemployment or will that effect our immigration?

She has her first green card but we have to reapply for the 10 year green card soon. I was furloughed and want to apply for unemployment but I am not sure if that will effect the immigration interview we will have to do in about a year.

Robert Roy Klein
Robert Roy Klein
answered on Apr 7, 2020

Unemployment insurance benefits is not considered under the Public Charge rule. Further, public benefits received by a US citizen is also not considered.

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2 Answers | Asked in Immigration Law and Gov & Administrative Law for Colorado on
Q: I have a permanent green card, I was approved for Public Housing. Would that count against me for citizenship ?

Would that hurt me or count against me when applying for naturalization.

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Mar 11, 2020

It shouldn't prevent you from obtaining citizenship, though often times there is a great deal of subjectivity.

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1 Answer | Asked in Immigration Law for Colorado on
Q: I have a 10+ year old petty theft charge, will that effect my chances of naturalization?

I have been a legal green card holder and resident since October of 1990. There are two crimes on my record both when I was under the age of 18 and both were petty theft charges. I know that they look at GMC for the last five years, but I'm worried this may hurt my chances. Thank you

Hector E. Quiroga
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Hector E. Quiroga
answered on Mar 4, 2020

Probably not, but it depends on how long after you got your green card that you committed these crimes, and it depends on whether they were felonies or not (doesn’t sound like it). You need to consult with an immigration attorney to see what the impact of these crimes will be on your citizenship... Read more »

2 Answers | Asked in Immigration Law for Colorado on
Q: What should I do when the Immigration officer?

My wife and I are from the same country. However, she has US citizenship. When I submitted the AOS application (F1-visa), my wife was overseas, and she is still there for family matters.

The interview of AOS based on marriage is in two weeks in Casper Wy.

What should I tell the... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 17, 2020

It may be a problem that you and your wife do not live together. That sends up red flags. The best strategy would be to retain counsel to attend the interview. Above all else, tell the truth and explain why you don't reside together. You can bet that both of you will be interrogated separately.

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1 Answer | Asked in Immigration Law and Tax Law for Colorado on
Q: Can I claim my wife and child who are waiting for i765 & i485 papers to process on my taxes using the 9 digit USCIS #

Married, no ead card yet but I do have an uscis alien number from paper work.

Svetlana Kats
Svetlana Kats
answered on Feb 14, 2020

No, you can't use USCIS number for the purpose of your federal tax return. You have to apply for tax ID with the IRS for your wife and child or just wait until their I-765 are approved so they can receive SSN.

1 Answer | Asked in Immigration Law for Colorado on
Q: My mother in law is eligible to apply for citizenship this year, she can’t read or speak English or her own language.

Is there a way to get an exemption to the citizenship test requirements. She has difficulty learning languages. Who do we get a professional evaluation to prove it? (Doctors or language pathologist?)

Adan Vega
Adan Vega
answered on Feb 9, 2020

If your relative is not able to qualify for an exemption based on age and the period of resident status then a FORM N-648 may be filed based on a medical certification for disability. The FORM N-648 must be signed by a medical physician, a clinical psychologist, or a doctor of osteopathy.

2 Answers | Asked in Immigration Law for Colorado on
Q: I want to bring a woman to the US from London for a 2 week visit. She tried to come last week.

When she arrived at DFW the customs agent told her the 600 cash wasn't enough to enter the US. They sent her back to the UK. How much cash does she need on her to enter the US?

Clarification.. I just found out she LOST the 600 cash she had between deboarding and the customs counter.... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Feb 2, 2020

She has been summarily excluded. No amount of cash will likely get her back into the U.S. You will likely be visiting her for quite a while.

The situation may have taken other devastating twists and turns, but more information is needed. This may include a Freedom of Information Act...
Read more »

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2 Answers | Asked in Immigration Law for Colorado on
Q: A friend wants to immigrate to the US. He has $200K to invest in a business. How can he legally immigrate?

I immigrated to the US in 2002 and became a US citizen in 2008. My friend now wants to immigrate as well and has around $200K to invest in a business here. He is from South Africa and used to be in law enforcement and security. Due to the political conditions, extremely high crime rate, everyday... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 15, 2020

He should discuss with counsel here in the states about applying for an investor visa. An E2 visa may be a perfect fit for him which would allow he his wife and kids , if any to get visas.

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2 Answers | Asked in Immigration Law for Colorado on
Q: Is my name an issue?

I’m a us citizen and I also have citizenship in mexico through naturalization. In the US I only have one last name but to be able to have the Mexican citizenship I was required to add my mothers last name. So now I have one last name on my US Passport and two last names on my mexican documents. I... Read more »

Sheri A Benchetrit
Sheri A Benchetrit
answered on Dec 19, 2019

You should use your name as it appears on the US passport and when it asks if you have ever used any other names, list the one in the Mexican passport.

I do suggest thy you consult with an experienced immigration attorney to make certain the documents te prepared correctly and you are ready...
Read more »

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1 Answer | Asked in Immigration Law for Colorado on
Q: How long does a green card holder have to be absent before they are considered to have abandoned their green card?

My mother in law is a green card holder, through my wife who is a citizen. She has traveled back to Ukraine to take care of her elderly mother.

Hector E. Quiroga
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Hector E. Quiroga
answered on Aug 27, 2019

If she is out of the country for more than a year, there is a presumption that she has abandoned residence.

1 Answer | Asked in Immigration Law for Colorado on
Q: hearing in removal proceedings soon, was told most/all cases are denied unless extreme hardship ie illness, options?

Just received approval for an i130 my wife who is a citizen submitted two yrs ago we were waiting for it for hearing but was told by another attorney today that we had zero to no chance that I will not be deported unless my wife or son were extremely sick i was pretty much just told to get my... Read more »

Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Apr 22, 2019

You should really discuss your case with an experienced immigration attorney. We've handled many such cases for example, and deportation is not a foregone conclusion.

2 Answers | Asked in Immigration Law for Colorado on
Q: OPT ended with 60 days given, how long does it take for k3 to get processed so she doesn’t become out of status?

My spouse is on f1 and recently her OPT ended. Per the 60 grace period she has, she will become out of status after early May. We want to get married end of April and apply for the adjustment of her status right away. Will she be able to stay in the US even if in the worst case scenario we had not... Read more »

Kelli Y. Allen
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Kelli Y. Allen
answered on Mar 19, 2019

A K3 is not what she needs. Consult with an immigration attorney for a full case analysis. If she is eligible for adjustment of status, once filed, she will be allowed to remain in the U.S.

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1 Answer | Asked in Federal Crimes and Immigration Law for Colorado on
Q: Is reckless endangerment misdemeanor class 3 a Crime Involving Moral Turpitude?
Kelli Y. Allen
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Kelli Y. Allen
answered on Mar 12, 2019

You would need to take a copy of the judgment to an immigration attorney for a full analysis, The wording of the specific statute under which you were convicted is important in making this determination.

1 Answer | Asked in Immigration Law for Colorado on
Q: Hello. I got a letter where my adjustment of status has been denied. I don’t have a chance for a waiver but appeal.
Deron Edward Smallcomb
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Deron Edward Smallcomb
answered on Mar 1, 2019

An experienced immigration lawyer would need to look at the denial letter before discussing your options.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Colorado on
Q: I was told I need a criminal lawyer for my case that involves a immigration criminal charge or charges is this correct

I'm not sure if I need a immigration defense lawyer or what type of criminal lawyer I need?

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

You need a criminal defense attorney to handle the criminal charge. You will need an immigration attorney to represent you in removal proceedings if you are referred to immigration court. Your criminal defense attorney should consult with the immigration attorney to discuss immigration... Read more »

1 Answer | Asked in Immigration Law for Colorado on
Q: Can an illegal immigrant fly within the US with only their Mexican passport.
Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Feb 13, 2019

You can board the plane. However, ion you have no legal status in the USA you risk being asked by a BP officer for further documentation. Travel is always a risk.

1 Answer | Asked in Immigration Law for Colorado on
Q: we went in for an interview for my adjustment of status in Nov 2018. We just got a letter to come back for 2nd interview

1st interview was in Nov 2018 the officer say they would send us a letter if they need anything else ,,, now in feb 2019 we have to go back in for 2nd interview within a week .

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Feb 9, 2019

You did not actually ask a question, but my recommendation is to hire an immigration attorney to prepare you for and accompany you to the interview. The most likely reason for the second interview is suspected fraud.

1 Answer | Asked in Immigration Law for Colorado on
Q: My fiancée is in the US with an E2 Employee Visa and is being moved, when can she move back with me after marriage?

We are planning on getting married soon and would like to know when she would be able to move back with me. I am a US citizen by birth. She is a French national with a french company. When in the process of applying for a spousal visa would that allow here to leave the company without having to... Read more »

Kelli Y. Allen
PREMIUM
Kelli Y. Allen
answered on Jan 30, 2019

Once you are married, if she is still in the U.S., she could apply for adjustment of status (process of obtaining permanent residency from within the U.S.) She would then be able to receive temporary employment authorization that would allow her to work for any employer. This will cover her until... Read more »

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