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Colorado Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law, Adoption, Child Custody and Constitutional Law for Colorado on
Q: My nephew, who is a U.S. citizen, was sent by CPS to live with his Mexican father two months ago. How do we get him back

My sister, who is a U.S. citizen passed away, and custody was granted to dad by default. He was deported, and then my nephew was sent to live with him in Mexico. I haven't spoken to him since the day before he left for Mexico, and the father is ignoring everyone in the family trying to contact... View More

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2017

Unfortunately, under Colorado law, you likely do not have what's called "standing," meaning the legal right to seek custody of the child, given that he is in the care of a parent. Grandparents or great grandparents could potentially seek grandparent visitation, but aunts and uncles... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: Is it legal to fly a foreign flag in Colorado without flying the American flag nearby if you're an immigrant?
Carl Shusterman
Carl Shusterman
answered on Apr 30, 2018

It is legal to fly a foreign flag in Colorado.

1 Answer | Asked in Immigration Law for Colorado on
Q: Can I bring my spouse to the United States if I'm a permanent resident in the States and a resident of Colorado State?

I'm from Moldova and I'm just wondering if I need to be a citizen to bring my husband or I can do it even if I'm a permanent resident

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 12, 2017

As a lawful permanent resident, you can file a petition for your husband to immigrate to the United States. It takes longer than if you were a citizen, but it is possible.

1 Answer | Asked in Immigration Law for Colorado on
Q: Would my Brazilian boyfriend, who I have been dating for 3 years, and I be able to get married on a tourist visa?

He will be visiting me in the U.S. in December on a tourist visa. Do we have the option to get married without consequence or fraud? What is the best way to go about getting married and having him move to the states with me?

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 29, 2017

A consult with an immigration attorney is warranted in your case.

Someone coming to the US as a tourist implies that his visit is temporary in nature and it is for tourism or business. Getting married on a tourist visa can raise a suspicion of visa fraud.

You might want to consider...
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1 Answer | Asked in Immigration Law for Colorado on
Q: New Zealand citizen born in France(1993). My permanent residence card expires next year. Can I get dual citerzinship?

I was born in Nay, France, in 1993.

I have my passport from New Zealand. I am currently still a Citizen of New Zealand. I inherited my citizenship, because both of my biological parents were born in New Zealand.

I am currently 24 years old living in Denver, Colorado. I have an... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Sep 29, 2017

When you become a US citizen, you are foreswearing allegiance to you previous country of citizenship; the U. S. doesn’t recognize dual citizenship after the age of 18. Plenty of people carry two passports, however—a U. S. passport and one from their native country. You should check with the... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: my dad aplyed to get his resedincy throug me, his daughter, and he was wondering if he is going to have to go to an.

interview or if his residency will come in the mail

Kevin L Dixler
Kevin L Dixler
answered on Aug 22, 2017

It depends upon the evidence presented and the discretion of the USCIS, which may demand more evidence or insist upon an interview, among other evidence that has yet to be provided. If he is somehow inadmissible, based upon his past, he may be placed in deportation/removal proceedings. Some who... View More

1 Answer | Asked in Animal / Dog Law and Immigration Law for Colorado on
Q: My boyfriend and I have broken up and I am hoping to keep our dog. What is the first step in a civil lawsuit?
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Aug 9, 2017

You have to file a pleading in replevin and pay the filing fees, if any. Then you have to serve him the pleadings according to the rules of civil procedure. I would recommend speaking to an animal law attorney to assist you with this.

1 Answer | Asked in Immigration Law for Colorado on
Q: citizenship Question about N-445: Changes since your interview

I had my 1st citizenship interview in Nov 2016. The officer said they have some question about my wife whom I was in the process of divorce. The divorce was then finalized in July 2016 and I submitted the document in the same month. Then, during my 2nd interview in Feb 2017 I explained the issue I... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 7, 2017

Directly agreeing or disagreeing with your question would create an attorney-client relationship, so a direct answer cannot be provided. However, your reasoning seems sound. If you do select "yes" might want to note that the divorce filing was disclosed during the interview.

For...
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1 Answer | Asked in Family Law and Immigration Law for Colorado on
Q: Hello, i am a LPR. Got my LPR a few months ago. We have a family problem and my husband wants to leave me and live

separately. We've been living together almost 5 years, since 2013 and married in 2014.

Would it affect on my green card ?

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 28, 2017

This is an immigration question and you should definitely consult with an immigration attorney.

1 Answer | Asked in Immigration Law and Health Care Law for Colorado on
Q: Hello, can an office manager deny my scheduled doctor 's app because he has never seen a green card.
Kevin L Dixler
Kevin L Dixler
answered on Jun 28, 2017

No, that is discrimination based upon alienage. This is a violation of your civil rights. First, work with the State of Colorado. This is the website to file a civil rights complaint with Colorado. https://www.colorado.gov/pacific/dora/civil-rights/filing-a-charge

Due to Congressional...
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1 Answer | Asked in Divorce and Immigration Law for Colorado on
Q: I married a foreigner we filed for their green card- just found out he's been cheating. Married 2.5yrs What r my options

Have not had final interview date set- filed papers in September of last year, if I go to immigration with my proof of him cheating what will happen to me and to him. We have no children, just a home we bought about 6 months into our marriage.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2017

If your question tied into options related to the marriage and ending it, you would need to file for divorce. It looks like your question ties more into immigration law. You should repost it in the immigration section of the website.

1 Answer | Asked in Immigration Law for Colorado on
Q: Hi, I was wondering if it is illegal to rent a home to an illegal resident..?
Kevin L Dixler
Kevin L Dixler
answered on May 23, 2017

No, its not unlawful, because it is not your job to enforce the immigration laws. You are barred from demanding a green card or proof of U. S. Citizenship from anyone who is interested in renting from you. If you do, then this can be considered discrimination, which is a violation of the U. S.... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: Who would be best petitioning my 12 year old son to come here from england my American wife or me I am a permanent resid

I am a permanent resident from England and would like my 12 year old son to come live here my wife is an American citizen and we would like to know who would be best doing the petition to get him here the quickest way.

Kevin L Dixler
Kevin L Dixler
answered on May 14, 2017

Definitely, your U. S. Citizen wife. Your son may be forced to wait many years, since your petition will be subject to a quota. She should file as soon as possible, since processing can take over a year through both USCIS and the State Department's National Visa Center. You should also... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: Return back to US on EAD? Any options ( waiver, special conditions) ?

Me and my wife are pending on asylum case sinse 2008. We got declined at the hearing, than appealed. Now we have a new Judge ( master calendar is this fall) .We have 2 kids (6 -8 y old). My wife needs to leave US with kids ( her mom is dying and want to them ). There only issue here is my wife has... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 7, 2017

Independently an EAD does not allow re-entry to the US. The visa attached to the EAD will determine re-entry. Since you are appealing your denied asylum application I assume that you have an attorney. If not, you are highly encouraged to seek an immigration attorney.

1 Answer | Asked in Immigration Law for Colorado on
Q: Im a DACA recipient when I filed my taxes IRS flagged my return as a possible fraud, they asked me to call the office.

I was asked to go in person. Am I at risk by going into a Federal building?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 5, 2017

I assume you mean deportation. Tax and immigration matters are wholly separate. There may be cross reporting, but an IRS agent cannot detain you on an immigration matter (or vice versa).

Tax fraud has been on the rise. I have noticed that some clients are often asked to appear in office...
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3 Answers | Asked in Family Law, Immigration Law and Criminal Law for Colorado on
Q: I'm 17 years old in colorado, i want to marry a 29 year old to help gain their citizenship. Is it legal?

the marriage would be legitimate we have been dating over the internet for 5 years btw.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 26, 2017

Until you are 18 you will need parental/guardian consent. You can also seek approval from a judge prior to turning 18, but this seldom occurs for obvious reasons. At 18 you are welcome to do what you want. Be aware that naturalization of an alien for federal law requires significantly more than... View More

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1 Answer | Asked in Immigration Law for Colorado on
Q: Mother of my child is married Filipina, no divorce allowed there. Child is with me. Can I petition her to come here?

Her husband abandoned her over 10 years ago. She would like to come here to file for divorce since it is not allowed in the Philippines and then marry here. Is this a viable solution? If not, any suggestions?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 18, 2017

Yes, it is possible. Prior to filing a divorce in Colorado, the current (Pilipino) marriage will have to be transferred to Colorado. Residency will need to be established in Colorado (permanently residing in Colorado for at least 3 months). The residency may be an issue because she will have to... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: If I have a mutual agreement with the mother of my child without court for child support what do I need for citizenship

Applying for us naturalization. Will a notarized letter from the other parent stating that I pay child support be enough?

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 12, 2017

As long as you do nit have a court ordered obligation you do not need to provide evidence of your support unless requested by the USCIS that you do so. If they ask you should provide a notarized letter from the child's other aren't station that you support your child and you are current... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: (Marrying an immigrate) just want to know whats to come. Also does my fiance's debt become mine if they die?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 6, 2017

Generally yes, but not at death - the potential for joint liability becomes valid once the marriage becomes final. Under the merger doctrine, when two people marry many aspects of their property and debt merge into a single entity (the marital estate). This means that after marriage all property... View More

2 Answers | Asked in Immigration Law for Colorado on
Q: Should I change my (maiden)last name to my husband's last name on my N400 application or only after I become a citizen?

I got married while being a lawful permanent resident but haven't changed my last name just yet to avoid confusion with the USCIS. should I change my last name to my married name on the n400 form or just go through with the application with my maiden name and change it to my married name later... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 5, 2017

You can have the name change as part of the N-400 application (this will save the step of having to legally change your name under Colorado law and then having to amend your residency/citizenship application after the name change), BUT the joint name change/N400 can only be done by a presiding... View More

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