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Colorado Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Colorado on
Q: Hi, i apply to change my f1 visa to b2 on 9/23/16. received i797a with i94 due 3/22. what do i do now?

my case status say reopen for reconsideration. help!! its two days away from due on i94.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 20, 2017

i797a means that the change in status is approved, so you can stay in the US for the listed period. The i94 is for documentation of entry and departure of the US. Your tourist visa lasts for a maximum of 6 months. If you have more questions you can contact an immigration attorney or visit the USCIS... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: If i have DACA can i travel to Puerto Rico without a problem?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 15, 2017

DACAs cannot travel outside the US without advanced parole. Puerto Rico and all other US territories are considered part of the United States, so travel is allowed.

1 Answer | Asked in Immigration Law for Colorado on
Q: Can you give an estimate for the cost of marriage green card?

Don't have legal entry, DACA recipient, no criminal record, no gang affiliation. Getting married to a US citizen.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 15, 2017

The USCIS lists all prices on its website. If you are asking about immigration lawyers, you will need to contact attorneys directly (prices vary greatly between lawyers).

1 Answer | Asked in Traffic Tickets and Immigration Law for Colorado on
Q: If an illegal alien committed a traffic violation and now has a court date set should they get a criminal & imm. lawyer?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 8, 2017

That is a personal decision.

If it is a simple violation it may be easier (and cheaper) to simply pay the ticket. If there is a hearing for say a DUI or reckless driving you should seriously consider a hiring a lawyer. As for the immigration issue, the hearing may result in a notification...
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1 Answer | Asked in Immigration Law for Colorado on
Q: If a home owner is deported how can he protect his home? Legally, not from vandalism.

It's a general question. person has been in the country 10+ years and owns a home. He is deported and is no longer making his payments. He has wife living there but she is not on title. She cannot act on his behalf to handle issues about the house. What could they have done to make sure they... View More

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

The wife should be on the deed by virtue of the marriage (unless there is something strange about the deed). If not, the husband can sign a power of attorney to the wife (or other person).

1 Answer | Asked in Immigration Law for Colorado on
Q: Hi. I applied for I-400,went for an interview and now my case is under a quality review. Should I be worried?

I went for an interview and they asked for additional evidence. This is what it says when I log in to my account Status Message: USCIS has scheduled your oath ceremony and will mail you the appointment notice.

Pending Action: None

Kyndra L Mulder
Kyndra L Mulder
answered on Mar 3, 2017

You have been approved and you will be sent a notice for the date of your ceremony. You are not a United States citizen until AFTER the ceremony.

1 Answer | Asked in Immigration Law for Colorado on
Q: my mom brought me from mexico illegally. I was 7. now what? I have children here & am married but to another mexican.
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 21, 2017

You may want to consult with an immigration attorney (esp. since the immigration rules may change under the Trump administration...). As a general rule, you and your spouse cannot apply for residency/citizenship until you leave the US and lawfully re-enter (presumably by a visa--usually a work... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: Hi. I have a question.. In 2008 I married a man from Guatemala and he was an illegal alien and entered illegally.

He got a temporary work visa and has been using that since then. He can't get his residency because he entered illegally. He is a horrible person and commuted identity theft and has several DUI. What I want to know is now that we are no longer married can he legally stay here? Can I withdraw... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 16, 2017

I am not sure what you are asking. If you want to file for divorce, you can be divorced from a non-resident alien. If he is not Colorado you may not be able to divide property, but you can be divorced. If you are asking if a divorce will force a deportation, the answer is usually no. If he has a... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: LPR documents requirement when travel outside U.S.

My mom is LPR, and she plans to travel outside U.S. in this summer. After reading the document "Traveling outside of the U.S. - Documents needed for Lawful Permanent Residents (LPR)/Green Card holders" on U.S. Customs and Border Protection website. it says," Foreign nationals who... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 8, 2017

For all the specifics either contact an immigration attorney or visit the USCIS office in Denver (schedule a meeting online because they do not meet non-scheduled parties). An attorney will charge a fee and the USCIS will not charge you (but you will have to wait).

Advanced parole is for...
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1 Answer | Asked in Immigration Law for Colorado on
Q: With a E-2 Visa, What is the proper way to hire me? As a W-2 with the salary of the question 24 of the DS-156 /I-129?

As a Owner/Investor/Trader (Question 17 DS-156/I-129 - type of applicant), position: CEO (question 23)

Can my company (of the Visa E-2) just hire me as a W-2 with the salary that I answered on the question 24 of the form? Or is there any other specific because the E-2 Visa?

Thank you.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 8, 2017

This is a specific legal question which requires a direct legal opinion. Justia's Q&A is designed solely for general legal information. You will need to contact an immigration attorney directly. In the alternative you can schedule a meeting at your local USCIS office.

1 Answer | Asked in Immigration Law for Colorado on
Q: how can a us citizen get dual citizenship with mexico
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 2, 2017

The US does not recognize dual citizenship per se, but does allow dual citizenship (functionally it is like the US simply ignores the other county's citizenship). The formal US position is that dual citizenship is highly discouraged, but must be allowed per a US Supreme Court ruling. Mexico... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: If I have a juvenile offense that I cant find or locate through the courts. Should I disclose it in my N400 application?

i have been a green card holder and lawful resident for nearly 27 years.

Kyndra L Mulder
Kyndra L Mulder
answered on Jan 31, 2017

Yes you should disclose it.

2 Answers | Asked in Immigration Law for Colorado on
Q: Can a person still get papers with a Domestic Violence charge on their record?

If a person was in the process of getting a visa and gets charged with domestic violence in the process what is the chance of them being able to get papers? If they get an attorney and comply with their terms of probation will they be able to work on their status? Is probation a conviction?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 25, 2017

Yes, a conviction (but not arrest or charging) of DV can impact immigration status or an application. Contact an immigration attorney if you are convicted.

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1 Answer | Asked in Immigration Law for Colorado on
Q: What are the odds of getting let in on another holiday visa for Australia a month after my first one expired

I am American and lived in Australia on a work and holiday visa for a year until it expired. I went to New Zealand to get an ETA to get back into Australian on a holiday visa and was questioned at borders but got let in on a 3 month holiday visa. I used all 3 months of the visa and then traveled... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 8, 2017

Justia is directed for US law. You will need to contact someone familiar with Australian law (preferably an Australian lawyer). If this were the US, there would likely not be a problem assuming that you filed the proper paperwork and received a visa beforehand.

1 Answer | Asked in Immigration Law for Colorado on
Q: I Lied on my Travelers visa renewal, asked if I had lived in the US before and I put NO but I had.Can I get residency?

Can I become a legal resident in the US if I lied ?

Would I be subject to deportation?

Kyndra L Mulder
Kyndra L Mulder
answered on Jan 4, 2017

You can be denied without a waiver for misrepresentation. However, to know whether you would be charged with misrepresentation requires further detail of the situation.

1 Answer | Asked in Immigration Law for Colorado on
Q: if I have DACA but got married what should I do?

I got married earlier this year and changed my last name however my working permit is still under my maiden name could I still get employed or should I wait to renew my working permit?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 19, 2016

Marriage does not automatically change your name. If you officially changed your name, you will need to also update your name listed with USCIS and all other official materials (e.g. a drivers license, etc.).

For employment, technically if you can provide all supporting documentation to an...
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1 Answer | Asked in Immigration Law for Colorado on
Q: I entered the US under a K-1 Fiance visa, when can I leave the US after filing Change of Status forms?

I entered the United States under a K-1 Fiance visa and plan to marry my fiancé next Wednesday. My K-1 Visa expires on the 12th January 2017 and I will file my I-485 and subsequent forms (I-765, I-864 & G-325A) before my K-1 expiry date.

I need to leave the US in late January to attend... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 9, 2016

There is no way to expedite the process. You can assume the risk for leaving the US to attend the wedding (not recommended if you find temporary employment) without receiving prior authorization, but be aware the forfeiture risk is real. In the alternative, you can let the K-1 lapse, not file the... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: My H1 B COS is pending approval. L1 B 5 yr will max in a month.Can i stay in the US after i max out on pending H1 B dscn

Can i stay in the US even after my 5 yr max period on L1 B since my H1 B is pending decision

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 7, 2016

This question requires a direct legal opinion. This is outside the scope of Jusita's Q&A, which is restricted to general legal information. You can contact an immigration lawyer (who will likely charge a fee) or you can schedule an appointment at the Denver USCIS office (this is free of charge).

1 Answer | Asked in Immigration Law for Colorado on
Q: if a daughter who is a us citizen suffered a crime here in the us are the parents eligible for a u visa ?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 30, 2016

Here is the link to the USCIS webpage: https://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status . This lists all the eligibility and filing requirements.

1 Answer | Asked in Immigration Law for Colorado on
Q: R1 visa GreenCard

1. I am on R1 visa since February 28, 2016. I was a full-time minister in Ukraine for 5 years. Can I apply for Green Card now? If I apply now and get rejected what happens to my current status?

2. Am I allowed to be a business owner who will not receive a salary but only dividents/share... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 23, 2016

Your first question needs to be addressed to an immigration attorney directly or contact the USCIS field office.

Turning to your second question, a green card usually considers all forms of support from all sources (i.e. there is no difference between passive income and active income)....
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