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Colorado Immigration Law Questions & Answers
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. The... 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.

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