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Colorado Immigration Law Questions & Answers
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 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 .

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: what can happen to someone that already has DACA but just got a DUI?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 9, 2016

The DACA black strip does not impact the DUI. The DUI may be an issue with immigration (crimes of moral turpitude).

Q: I'm 18, how do I get a green card w/o help from my family? Have work permit, but passport is expired.

I'm 18 y.o. and trying to obtain a green card. I have lived in the US since I was 10 and my mother recently married a US citizen so both she and my sister have green cards, but because I don't have a good relationship with my family my mother refused to help me with the process.... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 28, 2016

There are ways (esp. via employment), here is a link to the USCIS webpage related to green cards. https://www.uscis.gov/greencard .

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1 Answer | Asked in Immigration Law for Colorado on
Q: Is there a problem holding two permanent residencies in terms of entering and exiting the two countries?

for example if you have both Canadian and American green cards and when you are making your entry to Canada from America or vice versa can the immigration officer raise an objection seeing the American Green card? Having a Canadian resident visa and that being activated by your initial entry... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 22, 2016

It is fine to multiple permanent resident statuses in DIFFERENT countries. Which card you use when you enter will impact your immigration status (e.g. a Canadian resident would need a visa for an extended stay in the US; but a US resident has no limitation on how long they stay in the US). Note,... View More

2 Answers | Asked in Immigration Law for Colorado on
Q: I'm in the Philippines, married a Filipina 3 years ago, we have a 2 yr old child, US citizen. My goal is to live in US

We have about $1600 per mo. My wife will work when it becomes possible. What is the best visa,easiest to obtain so we can start the process asap, for health reason., I think I can I can get a tourist visa quickly for her, but I'm not sure how costly or difficult it will be to convert to a... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 19, 2016

Generally speaking a tourist visa cannot be transferred to another visa. If you are seeking permanent residence/citizenship there are various methods (none of them easy): here is the link to USCIS for a Green Card (permanent resident) information (including the application):... View More

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1 Answer | Asked in Employment Law and Immigration Law for Colorado on
Q: Can H4 visa candidate apply for part/full time courses about Cosmetology and get work permit?

currently I am on H1 visa and I would like to do some courses on cosmetology in Colorado springs. My question is whether I will be eligible to get work permit on the same or is there any procedure to be followed.

Please advise.

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

H-1B visas are restricted to "specialty occupations" (licensed professions and high skilled occupation that require at least a bachelor's degree). Cosmetology would not qualify as a specialty occupation. You are welcome to go to apply to cosmetology school, but you cannot enroll... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: Can I leave the US while my i-485/i-130 is pending if I have a current and valid E3 visa?

I originally entered the US on an E3 visa and recently got married. My i-485 and i-130 are still currently pending and we are due to go on our honeymoon. If I leave and return, will it be considered an abandonment of my application? Will they even let me back in on my E3 since I showed intent to... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 25, 2016

As a general rule, the only thing that matters to USCIS is whether you have changed your residence outside of the US. A honeymoon/travel is not normally classified as a change of residence or intent to leave the US permanently. I recommend that you schedule an appointment with the USCIS is Denver;... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: I got into usa on waiver tourist visa (with no intent of staying) but had to overstay it.

My wife got pregnant, and we tried applying for work permit and green card, waiting on response i overstayed around 4-5 months, it got denied because one of the forms couldn't be fee waived, can we still try and apply once more with sufficient fees, as i overstayed due to waiting ?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 20, 2016

Normally the cut-off for inadmissibility is more than 1 year from the expiration of lawful admission into the US, so you should be able to reapply. You can also submit an I-601 Waiver of Inadmissibility (see Part 4, box17/18). You may want to consider hiring an immigration attorney to advise you... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: I got my green card tru T Visa in 2014. Got married to US citizen on same year can i apply citizenship on 2017?

I got my green card tru trafficking visa ,I filed it together with my 3 kids since 2013 and approved in June 2014. I got married Jan 2014 to a US citizen . I have read that if your married to US citizen you dont need to wait for 5 yrs , but I didnt get my green card thru marriage so Im wondering... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 19, 2016

Yes, you may qualify. Follow this link for info from USCIS: https://www.uscis.gov/us-citizenship/citizenship-through-naturalization .

1 Answer | Asked in Immigration Law for Colorado on
Q: Can I marry my French boyfriend on a tourist visa and stay there without having to apply for a long-stay visa?

I've done the age-old thing by falling in love with a French guy. I'm a US citizen and I know about PACS but it requires a year of living together. I want to be able to go to France on my tourist visa, marry him, and then stay there. But I won't have enough money or medical coverage... View More

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

You can get married, but if you overstay your tourist visa you will be in France illegally and your overstay period will not count towards any US naturalization tolling (counting) period for your French BF/husband. If you decide to get married, make sure to file the certificate in both France and... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: What is the closest i can get to mexico without crossing over. I want to see my parents even if its through the fence

Im under daca. Can i go through border checkpoints?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 10, 2016

DACA status is not wholly settled law right now. Leaving the US can affect your status, but it depends where you are in the DACA process. If you have a fully granted DACA, then you can leave the US if you advanced parole (make sure you have all your documentation); if not, leaving the US interrupts... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: What passport should i be getting, UK or USA?

i was born in England,my mother married an american who is not my father. when we moved over i came over on my mothers passport with a temp alien number that has long since expired.

Since moving here i have been given my step fathers last name.

Unlike my mother,I never got a... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 31, 2015

It can be very confusing. It is not clear to me what classification you are for immigration purposes (you should be a permanent resident or resident alien with a work visa). You should be able to qualify for full US citizenship via: your biological father, step-father (if he formally adopted you)... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: This is a question regarding my wife's potential bar to entry by CBP based on Crimes of Moral Turpitude.

My wife came into US as a dependent (F2) in 2002 and has progressed through H4 (through my H1B) and now she has EAD/Advanced Parole waiting for the green card to be issued (India quota). She was charged with shoplifting in 2014 and received a deferred sentence in Colorado (Class 2 Misdemeanor for... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 23, 2015

This question is too specific for this venue (answering would create an attorney-client relationship). I suggest that you either contact a lawyer or schedule an office visit with USCIS in Denver.

1 Answer | Asked in Immigration Law for Colorado on
Q: Hi! I am trying to find more information about how to handle a complicated situation.

My fiance and his family are from American Samoa, so they are US nationals. They moved over to the US. His sister is pregnant from her fiance, who lives in American Samoa, but was born in Western Samoa. He wants to move over here to the US to be with her and take care of the baby and work. What is... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 2, 2015

You are correct that a foreign alien must have a sponsor (along with meeting many other requirements) to begin naturalization. A sponsor can also be an employer--that is a person can self-sponsor. As for some treaty rights between West v. US Samoa, it is possible that there is a special provision... View More

1 Answer | Asked in Immigration Law for Colorado on
Q: I've a battery conviction and whent to jail for 6 hours and I'm not yet a us citizen is that a bar to my naturalizatio

And I'm on probation it's my first offense on domestic violence and also first conviction

Shan Dimitris Potts
Shan Dimitris Potts
answered on Nov 30, 2015

It depends based on the conviction, you should work with an immigration attorney in private to analyse your files and your conviction code and to let you know if that conviction will affect your naturalization process. It is hard to say without going through the actual conviction documents. All the... View More

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