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Colorado Immigration Law Questions & Answers

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 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 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 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 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 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 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 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 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 »

2 Answers | Asked in Immigration Law for Colorado on

Q: My DIL's green card expired. My son, her husband/US citizen, passed away. 2 kids US born. What can she do 2 renew card?

She came to the US when very young, with her father, who is now a US citizen. She needs benefits due to my son's unexpected death but is afraid to do so. She had planned to take the citizenship test but that went by the wayside. I'm trying to get information for her to help her out.

Kelli Y Allen answered on Jan 27, 2019

She can still renew. Once she has the new card she can apply for naturalization.

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1 Answer | Asked in Immigration Law for Colorado on

Q: Can my fiance apply for adjusted status, or will he have to go through consular processing if his visa is expired?

Me and my fiancé are getting married soon, and were wondering how getting him a green card would work. He entered the US legally on a tourist visa as a child, but overstayed. Would he able to get an adjusted status, or would he have to go back to Mexico and go through consular processing?

Kelli Y Allen answered on Jan 12, 2019

If you are a U.S. citizen and he meets other admissibility requirements, once you are married, you can file a one-step spousal petition/adjustment of status. Regarding entry, you just have to prove that he entered legally, not that he maintained continuous status.

1 Answer | Asked in Immigration Law for Colorado on

Q: Does my fiance automatically become a US citizen once we're married?

Ms Grace I Gardiner answered on Dec 11, 2018

No. First your fiancé will receive a two year conditional green card. The condition must be removed. Your fiancé can then apply for citizenship in the third year provided you’ll are still together

1 Answer | Asked in Immigration Law for Colorado on

Q: Should my boyfriend from USA keep his job while applying for a fiance visa?

I'm on turist visa for 5 months ,from Costa Rica,19 years old . I wanna get marry but I don't know if it is possible to leave the country and apply for a fiance visa and I wanna know how much that cost the fiance visa procedure?

Hector E. Quiroga answered on Oct 23, 2018

It is possible to obtain a green card now that you are in the US if you marry your boyfriend. Alternatively, you can return to Costa Rica and your boyfriend can file the I-129f on your behalf. The cost to enter the US on a finacé(e) visa is about $800, not including attorney’s fees. It will be... Read more »

1 Answer | Asked in Immigration Law for Colorado on

Q: i apply for citizenship n-400 and i get denied when can i apply again and it will ok to apply ?

i was denied because good moral character of 2 petty theft but they already demised is been like 3 years and half when that happen and i want to know if i can get my citizenship after the waiting.

Hector E. Quiroga answered on Aug 17, 2018

We strongly recommend you seek legal counsel before you apply again. Even if you are beyond the 5-year statutory period for good moral character, you could still have your application denied because of the petty theft issues.

1 Answer | Asked in Immigration Law for Colorado on

Q: Can I apply for my son's n-600 application if he has an expired B1 Visa?

Hello, my son (biological, born in Brazil, out of wedlock) is in the US. He entered with a B2 visa and it is now expired. His mother is in Brazil and cannot be located. I want to apply for N-600 for him. He is 12 years old. I have lived in the US on and off since 2005 and have been loving in the US... Read more »

Hector E. Quiroga answered on Aug 14, 2018

Maybe. More information is needed. Acquisition of citizenship for a child born abroad is tricky, especially in the case of a USC father and an illegitimate birth. You would do well to consult with an immigration attorney who can advise you based on all the details of the case.

1 Answer | Asked in Immigration Law for Colorado on

Q: Are immigration laws different between Oregon and Colorado?

My son who is a citizen of the United States just married his girlfriend while she was visiting from Singapore. Her tourist visa is about to expire, and they are wanting to get her green card. They currently live in Oregon, but would like to move to Colorado? What is the best way to go about this?

Hector E. Quiroga answered on Aug 3, 2018

Immigration law is federal statute; therefore, it covers the entire country with no variation between states.

1 Answer | Asked in Immigration Law for Colorado on

Q: What's the first step to getting an h1b visa?

Carl Shusterman answered on Jun 29, 2018

Before you can submit an H1B visa petition and carry out the H1B application process you must first find a sponsoring company or employer. If you’re currently in the United States as a student on an F1 visa, you should check with your employer as to whether or not they can sponsor you on an H1B... Read more »

1 Answer | Asked in Immigration Law for Colorado on

Q: We've adopted 2 yr old born in Juarez I am a citizen of U.S. what is the child's status now does she become a citizen

Carl Shusterman answered on May 30, 2018

First, you need to apply for permanent residence for your child. Then, she may become a "derivative citizen".

1 Answer | Asked in Immigration Law for Colorado on

Q: I'm marrying someone from Pakistan - are we able to get married in England and then live here?

Carl Shusterman answered on May 16, 2018

Your place of marriage does not determine whether you can live in the US.

If you are a US citizen, you can sponsor your spouse for a green card.

To qualify for a marriage-based visa or green card, you must be legally married. A legal marriage is one that is officially recognized by...
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1 Answer | Asked in Immigration Law for Colorado on

Q: I had two children who live in Mexico and want to bring them to the U.S

I had 2 children out of wedlock and they current live in Mexico with their father. I want to bring them to the U.S with me-they are both minors born after 2001. I lived in the U.S at least one year before they were both born, but not the immediate year before hand (i.e I live in the U.S up until... Read more »

Carl Shusterman answered on May 11, 2018

My first question is "What is your immigration status in the US?"

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 answered on Apr 30, 2018

It is legal to fly a foreign flag in Colorado.

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