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Colorado Immigration Law Questions & Answers
3 Answers | Asked in Immigration Law for Colorado on
Q: Can a immigrant get a new passport after lost?

Good afternoon, I have a problem and I would like to know if you can offer me any option, my partner has been staying extended or has passed his stipulated permit for a year now. He had a CC that he lost and the passport was his only identification, if he shows up at the Colombian consulate right... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Oct 14, 2021

Contact the consulate to know their requirements.

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1 Answer | Asked in Immigration Law for Colorado on
Q: related to marital status of beneficiary form I-129 f

Greetings, I need assistance regarding one question on the I-129f form regarding the beneficiary's marital status. Namely, she was in a registered partnership in Austria, and the final dissolution of the partnership was in December 2020. Please assist me on how to answer question regarding... Read more »

Agnes Jury
Agnes Jury answered on Aug 28, 2021

If it is considered a marriage in Austria then the answer should be that she is divorced. She will need to provide a copy of a certified dissolution of the partnership with her application. Best wishes!

1 Answer | Asked in Immigration Law for Colorado on
Q: I have a pending I-751, filed the N-400 and are scheduled for an interview, will they automatically adjudicate both?

I didn’t not include a letter when I filed the N-400 asking them to adjudicate together the two, but I did provide the I-751 Receipt notice that contained the 18 month extension on my conditional residence. Is there something I should do for them to adjudicate both?

Agnes Jury
Agnes Jury answered on Aug 6, 2021

Yes. They will essentially adjudicate both. Best wishes!

2 Answers | Asked in Adoption and Immigration Law for Colorado on
Q: Filing immigrant petition for family member

I'm a green card holder and would like to file an immigrant petition for my sister's child who resides outside the USA. Please how do I go about it and is it possible for a green card holder to do that? Thank you all

Adan Vega
Adan Vega answered on May 9, 2021

As a U.S. resident you can file a relative petition (FORM I-130) on behalf of your spouse and unmarried children. Hence you can not file a relative petition on behalf of your sister’s child. You will have to find another option for your relative.

Best of luck to you.

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1 Answer | Asked in Divorce and Immigration Law for Colorado on
Q: I need help with divorce and with our green cards, do we lose all that by getting divorced?

I've been married for a year and eight months, I came to the United States under a fiance visa, then we got married here in Denver, my husband is American, I have a 13-year-old daughter, we both came to this country to start a family, my husband He said that he no longer wants me here and is... Read more »

Agnes Jury
Agnes Jury answered on Mar 29, 2021

This is not a simple answer but there is a lot of good information on this topic on the internet. Here is a reliable source: https://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

I would recommend you do a consultation...
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1 Answer | Asked in Immigration Law for Colorado on
Q: Perm Res married Usa wife 2010, had green card 2018. Now still married but not living together. Can I apply for Citiz
Agnes Jury
Agnes Jury answered on Mar 8, 2021

There is more to qualifying for citizenship than whether you are still married to the US Citizen through whom you got your green card. USCIS has a nice website with lots of information on Citizenship (https://www.uscis.gov/citizenship/learn-about-citizenship). I recommend you start there to see if... Read more »

3 Answers | Asked in Tax Law and Immigration Law for Colorado on
Q: I-130, does low Income affected eligibilty to bring my wife in US?

I'm a new graduate , green card holder with a decent job now and planning to bring my wife in US. Last year my total income was around $8000 but this year it is around $50000. IRS ask 21k per year for family of 2. Can I submit my document will only the last tax year or will I need to add both... Read more »

Mario Musil
Mario Musil answered on Feb 3, 2021

When you submit your affidavit of support it will ask for the past 3 years of your income. You will need to submit evidence showing that this year you are earning significantly more despite only having earned $8,000.00 on your prior return. A qualified immigration lawyer can assist you in this... Read more »

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1 Answer | Asked in Immigration Law for Colorado on
Q: VAWA GREEN CARD HOLDER WITH CLOSED ASYLUM CASE

I applied for affirmative asylum in the past but before I was called for the interview I obtained my green card through VAWA. I have now closed my asylum case since I'm now a permanent resident. Can I visit my home countryto visit my sick mum? Will I have problem with point of entry officers... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Dec 29, 2020

When you apply for NATZ the USCIS can revisit the asylum application and whether it had merit.

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...
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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 L Mulder
Kyndra L 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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