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Colorado Immigration Law Questions & Answers
1 Answer | Asked in Domestic Violence and Immigration Law for Colorado on
Q: Can an immigrent get a green card/visa for domestic violence?

My cousin has been a victim of domestic violence. Shes not from here. Her bf is a u.s citizen. Does she qualify ? If so what will she have to do in order to get it?

Matthew J Hartnett
Matthew J Hartnett
answered on Oct 12, 2016

If she called the police, and reported the crime, she may be eligible for a U visa. She is not eligible for a green card through VAWA unless she is married. She should consult with an immigration attorney to review her options.

1 Answer | Asked in Immigration Law for Colorado on
Q: Can someone be deported for breaking a phone?

I am in a case where I am accusing someone of breaking my phone. However, that person doesn't have papers. The court also put it as destruction of property and disturbing the peace.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 11, 2016

Deportation is usually not tied to a criminal charge or civil lawsuit. What can happen is that adjudication (civil or criminal) MAY disclose that a party or witness is in the US illegally. Whether the courts or police forward the information to USCIS is another matter.

1 Answer | Asked in Immigration Law and Adoption for Colorado on
Q: we adopted 6 year old son while living in Kenya Nov 2014. In USA B1 visa need medical but no citizenship =no insurance.

How can we get medical help for our 7 year old son we adopted while living in Kenya who is in USA with us now on a extended B1 visa? We know the USCIS laws 2 yr physical/legal requirement on Kenyan resident adoptions, but he needs surgery not available in Kenya and we do not qualify for insurance... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 6, 2016

It is not clear to me why you only have a B1 Visa. The normal process for international adoptions is automatic permanent residency (which can be followed in 2 years with an automatic citizenship application). Here is the link to the USCIS webpage for int'l adoptions:... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: How long does it takes to recive EAD card after applying for greencard on EB1 category?

I am an international student married to a US citizen, i meed to support my wife so i wanna apply for greencard to get work permit. Is ther any way that i can get work permit right away after applying for greencard so i can support my family ?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 11, 2016

There is no immediate procedure to get a work permit while a greencard application is pending unless your existing visa has not expired (note: most visas do not allow a visa holder to be employed). You can apply for jobs, but without a greencard in hand most employers will not consider foreign... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: I am a US citizen with a foreign (Iranian) wife. How necessary is it to use a lawyer to file I-130 and other documents?

Does having a lawyer help our case? The forms seem simple enough but unsure about what to include in the supporting documents (affidavits, financial support, etc. And, generally, if I only need assistance filling forms and filing, how much should that cost?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 15, 2016

If you are willing to do the leg work yourself, you want "unbundled legal services". This basically means the attorney files forms, answers questions, etc. BUT does not appear in court or at administrative hearings (some attorneys will appear, but charge extra). Many offer flat fees... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: What's a legitimate website to fill out a dream act application online??
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 9, 2016

The DREAM Act did not pass at a federal level. Some states (e.g Colorado) have their own state equivalent. Each state's laws are different, so you will need to check for each state where the institution is based. Contact the school that you plan to attend for guidance. The only website that... View More

1 Answer | Asked in Employment Law and Immigration Law for Colorado on
Q: Is it legal for an employer to hold a work position while I wait for my Work permit?

I entered the USA on k-1 status. We got married and I have applied to adjust to Permanent Residence. I have filled out the form for my work permit and have completed my biometrics appointment.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 3, 2016

It depends on what you mean by "hold". If you mean they will keep the position open until you can lawfully work--that is fine. If you are referring to working in the US for a US-based business while the application is processed, then the answer is probably no. There are some exceptions... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: Can my daughter's ex-husband, a Turkish national, receive U.S. residency if my daughter and grandson leave Turkey?

My grandson, born in Istanbul, is nine years old. His father has a basic education and virtually no professional skills.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 31, 2016

It is possible that he could get a green card. Whether he will is something I cannot answer. Also be aware that if your daughter leaves Turkey with the child and prevents all access to the child in the US, this is child kidnapping. I am not sure if the US and Turkey have a bilateral agreement (esp.... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: I am on a board of a non profit theater !!! We just learned one of employees is a immigrant !what are our options with

Employee has been in states for 8 years husband has visa ,children are citizens!! Do we terminate employment or able to help her gain citizenship? What type of trouble can we as a non profit Organization get into ?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 27, 2016

This discussion is best if it is covered under attorney-client privilege. Justia's Q&A is not privileged because no attorney-client relationship is created. I recommend that you contact an employment lawyer. Some may offer to answer your question for free or at may need to pay for 1 hour... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: Hi There I have applied for GC on EB1 category and the i140 and i485 forms are both submitted concurrently

Hi There

I have applied for GC on EB1 category and the i140 and i485 forms are both submitted concurrently along with i765 and i131. Now I have got the EAD and Advanced parole approved and received the EAD card but however my i140 is not yet approved. My question is if my spouse can start... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 26, 2016

Your i140 will most likely be approved, if the EAD card is valid your spouse can apply for jobs. If you would like a free consultation feel free to contact my office (323-803-7147).

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates...
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1 Answer | Asked in Immigration Law for Colorado on
Q: I have valid EAD/AP card and My first H1B extension is in process. Will my H1B Ext petition voided if I travel on AP?

This is my first extension after completion of 3 years on H1B. How can I back to H1B status if GC denied?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 21, 2016

This specific legal advice, which is outside the scope of Justia's Q&A. You will need to either contact an immigration attorney or schedule a meeting at your local USCIS office in Denver.

1 Answer | Asked in Immigration Law for Colorado on
Q: I' married to an American citizen and here on the ESTA Waiver program - can I change my status and stay in the country?

I am a Danish citizen married to an American citizen for 2 years. We got married in the US. We have a 2-year-old son, who is an American citizen too. I'm here on the ESTA Waiver program - 22 days left before I have to leave. Can I bring form (I-130) and (I-485) to an USCIS office and stay in... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 17, 2016

Here is the link to the USCIS page for green card applications w/ a US citizen spouse: https://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen . The key issue here is whether you qualify for "adjusted status" (check the USCIS for details). The... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: Dear Sir or Madam, Will providing services to marijuana distribiting company harm immigration case?

I am a permanent resident, recently immigrated. My current employer recently engaged in providing services to marijuana distributor ( Colorado state) and I wants to assign me to the project. It will involve physically being in the facility and working directly with its employees. I want to ask my... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 14, 2016

There is nothing to worry about if what you are doing is legal, working on this project legally will not cause any negative problems on your immigration status.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates -...
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1 Answer | Asked in Criminal Law, Domestic Violence and Immigration Law for Colorado on
Q: Had a domestic violence charmed with battery case dismissed after done one year probation

My question want to travel out of Usa, am I gonna get trouble reentering the USA on my way back or no

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 14, 2016

The best advice is to schedule an appointment at the Denver USCIS office. Domestic violence and battery are "crimes of moral turpitude". Note, I am assuming you are a legal, permanent US resident--if you are a citizen, there are no restrictions.

1 Answer | Asked in Immigration Law for Colorado on
Q: Dear sir/madam! What is the best course of action in my situation? Thank you!

I am a green card holder, married on non citizen with F1 visa. I have started my naturalisation process, but it takes a little longer that I expected. My wife's voice probably will expire before my naturalisation interview. Do we need to submit her application for green card before I became a... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 11, 2016

If your wife's visa expires a few weeks before you complete your naturalization process, there is nothing to worry about. She will be fine since F1 visa holders have 90 days grace period. If you are worried you can apply for her green card now and once you become a U.S citizen you can upgrade... View More

2 Answers | Asked in Immigration Law for Colorado on
Q: My brother, a citizen, has a son who wants to come to the US. He is educated and speaks fluent English. How can I help?

He and my brother are estranged, but he and I are not.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 5, 2016

If you are a US citizen or US resident you can sponsor your nephew. The application is several hundred dollars and there are wait times (6 months to 1 year for most applications), but the process is not especially difficult or invasive. Here is a link for green card applications (they are not green... View More

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1 Answer | Asked in Immigration Law for Colorado on
Q: I have DACA and my Sister is a us citizen. How long would it take for me to get a green card if she sponsors me.
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 2, 2016

As a DACA you are functionally a legal question mark (you are not a resident/citizen, but you are not here illegally). Becoming a US citizen takes about 2 years (tests, applications, wait times, etc.)--this assumes there are no red flags (e.g. criminal issues). Becoming a US resident (which is also... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: I have a green card, wife needs legal status, Can I file both app at the same time?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 27, 2016

It depends. If you permanent resident status is still active, your wife can file as your dependent and you can simply renew (or seek full citizenship). If your permanent resident status has expired, she can file as part of your re-application. You may want to contact an attorney to clarify your... View More

1 Answer | Asked in Employment Law and Immigration Law for Colorado on
Q: I am a L2 dependent VIsa of L1A visa holder. Can i work if EAD renewal is pending and current EAD expired?

My previous EAD was given for only three months( march- may) since USCIS gave it till my visa end date which was 27th May. I had to leave work in Feb as the renewal from last year was pending for 5 months.Now my visa has renewed till 2018. But because of getting my last EAD so late i didnt have... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 26, 2016

The EAD must be active and "in hand" BEFORE employment begins. In other words, you can apply for jobs, but you cannot legally work in the US until formal EAD approval exists (with applicable work dates). In practice, most employers will not consider a job candidate unless EAD approval... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: Adjustment of status through marriage to US citizen, I have i94 expired, do I need to fill out I485a as well?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 26, 2016

Not enough information is provided to answer your question. Here is a link to the instructions to a I-485: https://www.uscis.gov/sites/default/files/files/form/i-485supainstr.pdf .

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