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Colorado Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Colorado on
Q: How can I get an EB-5 visa?
Adan Vega
Adan Vega answered on Sep 26, 2020

The EB-5 program allows for an immigrant visa for foreign investors who are willing to put $1.8 million into a business in a nontargeted employment area or $900,000 into a targeted employment area. The qualified investment project must create at least 10 permanent full-time jobs for qualified U.S.... Read more »

1 Answer | Asked in Immigration Law for Colorado on
Q: I'm a US citizen. My daughter married a man from England. They (and my grandkids) are planning to move to England.

Is there any way in which I can move to England (as a US citizen) with my daughter and her family? She married a man from England.

Stephen Arnold Black
Stephen Arnold Black answered on Aug 25, 2020

Call the British embassy and make inquiry about your possible qualifications. This is not a matter of US immigration law.

1 Answer | Asked in Immigration Law for Colorado on
Q: H4 to F1. How does this affect I140 process in the future?
Julie C Hancock
Julie C Hancock answered on Jul 27, 2020

A number of factors need to be reviewed in any immigration situation to determine what, if anything, will affect the filing of an I-140, or any similar application for status. Details need to be evaluated in total when you are ready to file a new petition or change status and should be done... Read more »

1 Answer | Asked in Immigration Law and Tax Law for Colorado on
Q: Can an undocumented immigrant, who was an independent contractor, file a tax return without a 1099 or W-2?

He will apply for an ITIN with the tax return.

Kevin L Dixler
Kevin L Dixler answered on Jun 12, 2020

Yes. You are a tax resident, not a permanent resident, if you reside in the U.S. for more than 183 days, so if you owe taxes, then you are required to file a Federal tax return. In addition, this filing can help confirm that you resided in the U.S. should it be necessary to prove it.

If...
Read more »

1 Answer | Asked in Immigration Law for Colorado on
Q: Applied for I 130 in CO (where petitioner lives) and assigned to CA USCIS center instead of NE jurisdiction, can change?

Hi,

My sister applied for the I 130 request for me from Colorado (where she lives) and the request got received by California. I read that the handling time from Nebraska, which has jurisdiction of CO has the fastest turnaround time. Is there any way I can change service center?

Adan Vega
Adan Vega answered on Apr 27, 2020

You can not request that USCIS transfer the relative petition from one regional service center to another. USCIS will transfer cases between the centers depending on the workload of each center.

3 Answers | Asked in Immigration Law for Colorado on
Q: My spouse, in Nepal, had immigration visa granted. Will she be able to come to US with this current US Immigration Ban?

I am a U.S. Permanent Resident and applied for immigration visa for my spouse. Her case has been approved and immigration visa was granted to her after successful interview with US Embassy in Nepal. All she needed was to fly to US and she would get her Green Card in 1 month or so after arrival.... Read more »

Kyndra Mulder
Kyndra Mulder answered on Apr 25, 2020

Yes. Your spouse will be admitted into the USA. The temporary ban does not apply to spouses of USC's. Secondly she already has a visa.

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2 Answers | Asked in Criminal Law, Divorce, Immigration Law and Domestic Violence for Colorado on
Q: My wife went missing, will the detective investigating question me more if I file jointly non contested?

We were married June 2017 in Colorado Springs. My wife is a foreigner and was here on a fiance visa, she went missing February last year and said she was going back to her home country, but nobody knows where she is. A few days ago she sent her half of the completed and signed divorce papers to me... Read more »

Courtney Edwards
Courtney Edwards answered on Apr 10, 2020

Typically, I prefer to respond to questions posted on this forum with practical advice. However, my advice today to you is that you need to go speak, in person, with an attorney regarding this matter. There are so many nuances here to your story that need to be fully discussed with an attorney.... Read more »

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3 Answers | Asked in Immigration Law for Colorado on
Q: I overstayed my tourist visa , been here for16 years,zero crime and want voluntary removal,can I just buy plane ticket

I want voluntary removal , never had any deportation warnings , overstayed my tourist visa . Can I just buy plane ticket and go or some long process?

Amanda B Cook
Amanda B Cook answered on Apr 7, 2020

You can just go, yes, but you will likely have trouble if you ever wanted to come back.

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2 Answers | Asked in Immigration Law for Colorado on
Q: I am a US citizen, my wife has her first green card. Can I apply for unemployment or will that effect our immigration?

She has her first green card but we have to reapply for the 10 year green card soon. I was furloughed and want to apply for unemployment but I am not sure if that will effect the immigration interview we will have to do in about a year.

Robert Roy Klein
Robert Roy Klein answered on Apr 7, 2020

Unemployment insurance benefits is not considered under the Public Charge rule. Further, public benefits received by a US citizen is also not considered.

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2 Answers | Asked in Immigration Law and Gov & Administrative Law for Colorado on
Q: I have a permanent green card, I was approved for Public Housing. Would that count against me for citizenship ?

Would that hurt me or count against me when applying for naturalization.

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 11, 2020

It shouldn't prevent you from obtaining citizenship, though often times there is a great deal of subjectivity.

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1 Answer | Asked in Immigration Law for Colorado on
Q: I have a 10+ year old petty theft charge, will that effect my chances of naturalization?

I have been a legal green card holder and resident since October of 1990. There are two crimes on my record both when I was under the age of 18 and both were petty theft charges. I know that they look at GMC for the last five years, but I'm worried this may hurt my chances. Thank you

Hector E. Quiroga
Hector E. Quiroga answered on Mar 4, 2020

Probably not, but it depends on how long after you got your green card that you committed these crimes, and it depends on whether they were felonies or not (doesn’t sound like it). You need to consult with an immigration attorney to see what the impact of these crimes will be on your citizenship... Read more »

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.... 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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