Category: Blog

We are back, www.CoImmigrationLawyer.com. We served the Denver Metro and Greeley area immigration needs. In 2016, due to a technical error, our website died and we were so busy we didn’t have time to take care of the problem. We lost what we had, but we are going to have it back soon. So our website will be back up again with all the useful immigration information it had, plus the information about us. If you need to get in contact with us, please do. Otherwise, we will be back soon.

In an update to Colorado Immigration Reform, a proposal to grant Colorado driver’s licenses to people in the country illegally received initial review in the Colorado Senate committee this past month, marking a shift in a state that seven years ago passed strict enforcement laws.

Under current law, undocumented non-citizens do not have the ability to obtain a valid driver’s license in the State of Colorado. The bill passed the Senate Judiciary vote. The proposal still needs to be approved by the House of Representatives.

Senator Jessie Ulibarri, (D), the sponsor of the bill, argues that immigrants living in the country are already on Colorado roads, and that it would benefit everyone if they were licensed, carried insurance, and knew the rules of the road. Senator Steve King, (R), a former police officer, said before the hearing that he believed the legislation could improve public safety.

Under the measure, immigrants would have to pass a driver’s license test and prove they are paying state and federal taxes. They also must show an identification card from their country of origin. Ulibarri said the reason for the qualifying documents is in order for immigrants to show they are making themselves known to state government.

The licenses would show that the people are not U.S. citizens, so they could not register to vote, or use the identification to board a plane or become employed. Colorado’s county sheriffs and police chiefs support the bill.

Coloradoans argue that the bill goes too far and that state lawmakers should wait for action by the federal government. Lawmakers are considering the measure but are concerned about giving the message that it is OK to break federal law. Supporters of the driver’s license bill said public opinion on illegal immigration in Colorado is changing.

In 2006, Democrats joined Republicans in passing a strict package of immigration laws, including barring non-emergency benefits to those in the country illegally. Lawmakers also passed a requirement for law enforcement to report people they arrest who are suspected of being in the country illegally to federal immigration officials. A bill to repeal that law this year has made its way to the governor’s desk.

Colorado has joined thirteen other states in allowing undocumented immigrant students to attend college at an in-state tuition rate. Governor John Hickenlooper hailed the new law as a victory that would grant illegal students with a “path forward”.

Gov. Hickenlooper signed the ASSET bill into law on Monday, standing before a crowd of Metropolitan State University of Denver’s Student Success Center.

The new legislation will allow immigrants who graduate from state high schools to attend Colorado colleges at the in-state tuition rate that locals pay. Prior to the bill’s passage, undocumented immigrant students were prohibited from receiving post secondary education benefits under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

The law restricts in-state tuition benefits for an estimated 50,000 – 65,000 unauthorized immigrant students each year, according to the National Conference of State Legislatures. On average, the out-of-state tuition rate is three times higher than the in-state rate. About 1,500 undocumented high school students who graduate each year in Colorado will now be able to pursue higher education at a much lower cost.

Former lawmaker Val Vigil introduced the Colorado bill after just a few states had passed their versions in 2003. But some lawmakers continued to push for the bill’s passage until all Democratic lawmakers unanimously supported the bill and three Republicans joined them.

With some arguing that the bill would provide students with false hope because they would still struggle to find a job post-graduation due to their illegal immigration status and they would still be weighed down with college debt. Gov. Hickenlooper, surrounded by undocumented students who cheered for their new opportunities, was unable to hold back his excitement in the bill’s passing.

“Every kid matters,” he said in a speech following the ratification. “We need every child that we can get, to be as educated as they are capable”.

The family sponsored F2A category has become “Current” for August and is expected to stay “Current” for the next several months. This means that foreign nationals who are spouses or child (under the age of 21) of a U.S. Lawful Permanent Resident (LPR) may immediately apply for lawful permanent resident status.

This means that while the priority date stays current, that a spouse or child of a LPR who is lawfully present in the United States may apply to adjust their status while in the United States. For example, if a spouse of a LPR is currently in the United States on a student visa, they can now apply for a green card. Therefore, they would be adjusting their status from a student to a LPR. If the spouse or child of a LPR is currently living in the United States after their visa expired they should not apply for adjustment of status until their LPR spouse naturalizes.

If the spouse and children of the LPR are outside of the United States, the LPR may petition for them. Once the petition is approved they can then apply for their green card through the consulate in their home country if the priority date is still “Current.” This is called consulate processing.

On October 2, 2013, House Democrats unveiled a comprehensive immigration reform proposal. This is an attempt to keep the momentum on immigration reform moving forward. This bill is a compromise and modification of the bipartisan senate bill introduced earlier this year.

American Immigration Council’s Executive Director, Benjamin Johnson states “the introduction of a comprehensive immigration reform bill in the House presents an important opportunity for bipartisan cooperation and is a reminder that Congress can and must work on more than one issue at a time.

The bill’s co-sponsors have demonstrated a willingness to take a fresh look at the decidedly imperfect Senate bill and use it as a starting point for shaping a truly bipartisan legislature. To succeed, Republicans must either seize the opportunity to turn this into a truly bipartisan moment for moving immigration reform forward, or put forward an alternative vehicle for fixing our broken immigration system.”

In light of Typhoon Haiyan in the Philippines (named “Yolanda” by Philippine authorities). U.S. Citizenship and Immigration Services (USCIS) would like to remind Filipino nationals that they may be eligible for certain immigration relief measures if requested.

USCIS understands that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status in the United States. Therefore, Filipino nationals impacted by Typhoon Haiyan may be eligible to benefit from the following immigration relief measures:

• Extension of certain grants of advance parole, and expedited processing of advance parole requests;
• Extension of certain grants of parole made by USCIS;
• Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
• Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs);
• Expedited adjudication of employment authorization applications, where appropriate;
• Change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorization period of admission has expired;

Assistance to LPRs stranded overseas without immigration or travel documents, such as Permanent Resident Card (Green Cards). USCIS and the Department of State will coordinate on these matters when the LPR is stranded in a place that has no local USCIS office.

For information on USCIS humanitarian programs, visit http://www.uscis.gov/ or call the National Customer Service Center at 1-800-375-5283.

For information regarding disaster-related email scams, visit http://www.us-cert.gov/ “Alert and Tips.”

 

Article – credit USCIS website: http://www.us-cert.gov
Release Date November 15, 2013.

As of May 1, 2014, Customs and Border Protection has a started a new webpage where U.S. visitors can now access their I-94 arrival/departure record and history. The electronic travel history shows a travel record of up to five years back from the request date. This webpage will now make it easier for travelers to have access to their travel/departure records without the need to file a Freedom of Information Act request.

Travelers will have access to the date and port of entry of their arrivals and departures. When accessing the web site, you will need your name, date of birth and passport information. Clicking on “Get Most Recent I-94” will give you the most recent date of entry, class of admission and admit-until date. Any changes of status, extensions or adjustments are not reflected in this information.

The page also gives you the option of printing the page. Your travel history can also be printed. The webpage is not limited to I-94 retrieval; it also allows you to cancel any pending requests for Freedom of Information Act as long as you have a FOIA Request Number.

Keep in mind that if you have lost your paper I-94 and it was issued prior to the online system, the record may not be available online and you will need to file a Form I-102, Application for Replacement/Initial Non-Immigrant Arrival-Departure Document, to receive a new copy of your I-94.

Because the Deferred Action for Childhood Arrivals (DACA) program began in September of 2012, the first approvals from 2012 are soon going to expire. The Secretary of Homeland Security has issued the new guidelines for renewal of DACA for another two years. Effective immediately, USCIS will begin accepting renewal requests and will also continue to accept requests for the initial approval of DACA for eligible individuals.

In order to renew DACA, you must ensure you request your renewal between 120 days (four months) to 150 days before your current period of deferred action expires. You can request a DACA renewal if you continue to meet the initial criteria and some additional guidelines:

You did not depart the United States on or after August 15, 2012, without advance parole
You have continuously resided in the United States since you submitted your most recent DACA request
You have not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety

The renewal process will begin by filing the new version of Form I-821D, Consideration of Deferred Action for Childhood Arrivals (do not file the outdated version), Form I-765, Application for Employment Authorization, and the I-765 Worksheet. There will be a fingerprinting process and USCIS will conduct a background check just as they did when you initially request DACA.

The first day to request expanded DACA under the revised guidelines established as part of President Obama’s recent announcement on immigration is February 18, 2015. The expanded DACA program extends the deferred action period and employment authorization from two years to three years. You may be eligible for Expanded DACA if you: –Entered the United States before the age of 16; –Have lived in the United States continuously from at least January 1, 2010 to present; –Were physically present in the United States on June 15, 2012; and –Had no lawful status on June 15, 2012.

Stay updated on upcoming Colorado immigration reform and the expanded DACA program with us here 

On November 20, 2014, President Obama announced his “immigration accountability executive action.” One purpose of the plan was to provide temporary protection from removal for millions of unauthorized immigrants currently living in the United States through prosecutorial discretion based deferred action programs.

The Deferred Action for Parental Accountability Program (DAPA) was designed to provide relief from deportation and work authorization to illegal parents of United States citizen or Lawful Permanent Residents (green card holders). Another program initiative was to expand Deferred Action for Childhood Arrivals (DACA). This program is to modify current DACA requirements by eliminating the age ceiling and changing the residential requirements date to January 1, 2010. Expanded DACA was planned to begin on February 18, 2015. DAPA was planned to begin sometime in May of 2015.

On February 17, 2015, a Federal judge in Texas blocked President Obama’s executive action announced in November. Due to the federal court order, USCIS will not be accepting requests for expanded DACA on February 18th as originally planned. In addition, USCIS has suspended the implementation of Deferred Action for Parents (DAPA). This court injunction does not affect existing DACA.