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Colorado Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Colorado on
Q: Return back to US on EAD? Any options ( waiver, special conditions) ?

Me and my wife are pending on asylum case sinse 2008. We got declined at the hearing, than appealed. Now we have a new Judge ( master calendar is this fall) .We have 2 kids (6 -8 y old). My wife needs to leave US with kids ( her mom is dying and want to them ). There only issue here is my wife has... View More

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

Independently an EAD does not allow re-entry to the US. The visa attached to the EAD will determine re-entry. Since you are appealing your denied asylum application I assume that you have an attorney. If not, you are highly encouraged to seek an immigration attorney.

1 Answer | Asked in Immigration Law for Colorado on
Q: Im a DACA recipient when I filed my taxes IRS flagged my return as a possible fraud, they asked me to call the office.

I was asked to go in person. Am I at risk by going into a Federal building?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 5, 2017

I assume you mean deportation. Tax and immigration matters are wholly separate. There may be cross reporting, but an IRS agent cannot detain you on an immigration matter (or vice versa).

Tax fraud has been on the rise. I have noticed that some clients are often asked to appear in office...
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3 Answers | Asked in Family Law, Immigration Law and Criminal Law for Colorado on
Q: I'm 17 years old in colorado, i want to marry a 29 year old to help gain their citizenship. Is it legal?

the marriage would be legitimate we have been dating over the internet for 5 years btw.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 26, 2017

Until you are 18 you will need parental/guardian consent. You can also seek approval from a judge prior to turning 18, but this seldom occurs for obvious reasons. At 18 you are welcome to do what you want. Be aware that naturalization of an alien for federal law requires significantly more than... View More

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1 Answer | Asked in Immigration Law for Colorado on
Q: Mother of my child is married Filipina, no divorce allowed there. Child is with me. Can I petition her to come here?

Her husband abandoned her over 10 years ago. She would like to come here to file for divorce since it is not allowed in the Philippines and then marry here. Is this a viable solution? If not, any suggestions?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 18, 2017

Yes, it is possible. Prior to filing a divorce in Colorado, the current (Pilipino) marriage will have to be transferred to Colorado. Residency will need to be established in Colorado (permanently residing in Colorado for at least 3 months). The residency may be an issue because she will have to... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: If I have a mutual agreement with the mother of my child without court for child support what do I need for citizenship

Applying for us naturalization. Will a notarized letter from the other parent stating that I pay child support be enough?

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 12, 2017

As long as you do nit have a court ordered obligation you do not need to provide evidence of your support unless requested by the USCIS that you do so. If they ask you should provide a notarized letter from the child's other aren't station that you support your child and you are current... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: (Marrying an immigrate) just want to know whats to come. Also does my fiance's debt become mine if they die?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 6, 2017

Generally yes, but not at death - the potential for joint liability becomes valid once the marriage becomes final. Under the merger doctrine, when two people marry many aspects of their property and debt merge into a single entity (the marital estate). This means that after marriage all property... View More

2 Answers | Asked in Immigration Law for Colorado on
Q: Should I change my (maiden)last name to my husband's last name on my N400 application or only after I become a citizen?

I got married while being a lawful permanent resident but haven't changed my last name just yet to avoid confusion with the USCIS. should I change my last name to my married name on the n400 form or just go through with the application with my maiden name and change it to my married name later... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 5, 2017

You can have the name change as part of the N-400 application (this will save the step of having to legally change your name under Colorado law and then having to amend your residency/citizenship application after the name change), BUT the joint name change/N400 can only be done by a presiding... View More

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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: 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: 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: 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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