"Looking For An Immigration Attorney In Colorado Springs, CO?"

​Colorado Springs immigration lawyer, Josh Deere provides competent, creative and vigorous representation in Immigration cases including deportation, citizenship and naturalization, permanent residency (Green Card), Deferred Action (DACA), Asylum, Investor Visas, and more.  

Mr. Deere has received an AV Preeminent® Peer Review Rating from Martindale-Hubbell® in immigration, which is the highest rating an attorney can receive for legal skill, ethics and professional excellence from judges and his attorney peers.  He has also been granted a Superb, 10 out of 10 rating in Immigration Law, and a “Client’s Choice” award from Avvo, a national lawyer rating service.  In addition, Mr. Deere was chosen as one of Colorado Springs’ TOP ATTORNEYS by Colorado Springs Style Magazine.

Put your trust in the top immigration attorney in Colorado Springs and schedule a legal consultation
today at (719) 633-3377.

​Perhaps an immigration attorney’s proudest moment is witnessing his client raise his or her right hand and proudly take the Oath of Allegiance to the United States of America and become a citizen.  

This is usually the end of a long road, which we at Deere Law, LLC are often privileged to get to be a part of with many immigration clients.

The law related to U.S. citizenship can be tricky.  It is not uncommon for people to misunderstand this law and how it affects their rights.  The immigration attorneys at Deere Law, LLC have consulted with clients who have been citizens since birth, but had no idea. 

It was only after meeting with the client and asking several important questions that he was able to determine the client was a citizen.  In some cases, this determination saved the client from deportation. 

Under United States law, there are several ways for an individual to acquire citizenship. 

First, individuals who are born in the United States are citizens at birth.  

Second, individuals who are born outside the United States to two U.S. citizen parents are usually considered citizens.  The same is true in some circumstances to individuals born outside the United States to one U.S. citizen parent.  In other situations, a child may not be deemed a citizen automatically at birth, but may obtain that status through the complicated provisions of the Child Citizenship Act.

Naturalization

The third way an individual can acquire U.S. citizenship is through the naturalization process. 

This process requires a person to first obtain Lawful Permanent Residency (Green Card) status, and then wait a specific number of years before applying for naturalization.  

When the individual applies for naturalization, he or she usually has to take a civics and English language test and pass an interview with a U.S. immigration officer.  

If he or she passes the tests and the interview, he or she will be allowed to take the Oath of Allegiance and be sworn in as a citizen. Put your trust in our immigration attorney in Colorado Springs, for help with this.

To qualify for naturalization, the individual must meet the following requirements:

• Must have been a Lawful Permanent Resident for five years (or three years if the individual acquired Permanent Residency through marriage to a U.S. citizen)
• ​Must pass the civics and English language tests
• Must demonstrate good moral character, especially over the past five years

Immigrants who obtain U.S. citizenship will, among other things, be able to vote, petition for some relatives to obtain a Green Card, will be able to travel around the world and enjoy support from U.S. embassies and consulates overseas, and will no longer have to worry about deportation (except in some very rare circumstances).

Learn your rights under the U.S. immigration and citizenship laws when you speak with the top immigration attorney in Colorado Springs, Josh Deere.  

The Colorado Springs immigration lawyers at Deere Law, LLC will provide you with the insight you need to understand the process and your place in it.  

And if necessary, we will fight for rights in the immigration and naturalization process.

Call us today at (719) 633-3377 to find out why the immigration attorneys in Colorado Springs, at Deere Law, LLC have received an AV Preeminent® Peer Review Rating from Martindale-Hubbell®; a Superb, 10 out of 10 rating in Immigration Law, and a “Client’s Choice” award from Avvo, a national lawyer rating service; and a Colorado Springs’ TOP ATTORNEYS award by Colorado Springs Style Magazine.

​​​​Permanent Residency is the status given by the United States to individuals that, with a few rare exceptions, allows them to remain in the country permanently. 

Individuals with this status are given a Permanent Residency card (an I-551), otherwise known as a “Green Card.”

While this status is not yet citizenship, it provides the immigrant with many of the same rights, including to live and work in the U.S., travel freely to and from the U.S., obtain a Social Security number and driver’s license, and protection from deportation except in circumstances in which the immigrant has committed certain serious crimes. Work with an immigration attorney in Colorado Springs for help with these issues.

The process of obtaining Permanent Residency usually involves the filing of a petition on behalf of the immigrant by a U.S. citizen or permanent resident family member, or a U.S. employer. 

Obtaining Permanent Residency through a family member is very different than obtaining it through an employer.  Immigrants who are seeking Permanent Residency through a family member will either fall into an “immediate relative” category, or a “preference” category. 

Immediate relatives

Immediate relatives include married spouses of U.S. citizens, parents of U.S. citizens who are over 21 years old, and minor, unmarried children of U.S. citizens.  

The immediate relative category is significant because unlike the preference categories discussed below, immediate relatives are not subject to a mandatory waiting period to receive their Green Cards once their petition is approved.  Talk to your immigration attorney in Colorado Springs about this at: (719) 633-3377

Rather, once an immediate relative petition is approved, the United States Citizenship and Immigration Service (USCIS) grants Permanent Residency immediately and sends the Green Card to the immigrant, usually within a few weeks.

The process of applying for Permanent Residency can be complicated and require great attention to detail.  Applicants should be sure to file the correct forms and present proper supporting evidence. 

Applicants and their relatives will often have to attend an interview with a U.S. immigration officer, during which they will be asked questions about the marital relationship, and will have to present additional supporting documentation to prove that the marriage is a good faith relationship and was not entered into just for immigration benefits.  

It should be noted that immigrants who seek Permanent Residency based upon marriage to a U.S. citizen when the marriage is less than two years old will be granted “Conditional Residency” status for two years.  

After that time, the immigrant spouse will be able to petition to remove the conditional status and convert it to Permanent Residency. For more depth, contact your immigration attorney in Colorado Springs, Josh Deere.

Family preference categories

Immigrants who qualify for Permanent Residency, but who do not fall into the three immediate relative categories described above will fit into preference categories depending on what type of family relationship they have with the petitioning relative, and which country they are from. 

These preference categories were created as a result of numerical limits on the number of visas that Congress will grant each year to the different categories of immigration.  

When the annual limit of visas in a particular category has been reached, the applications submitted under that category are bumped to a later year, creating a backlog of pending Permanent Residency applications.  

Some categories are backed up for as much as 20 years! 

The preference categories for family-based cases are as follows:

First preference – Adult, unmarried sons or daughters of U.S. citizens

Second preference (A) – Spouses or minor children of Green Card holders (Permanent Residents)

Second preference (B) – Adult son or daughter (unmarried) of LPR: 8-year backlog

Third preference — Adult, married son or daughter of U.S. citizen: 9-year backlog

Fourth preference — Sibling of a U.S. citizen: 10- to 15-year backlog

The waiting periods applicable to each category vary depending on the category and the immigrant’s country of origin, and may change from month to month.  Below is an example of the processing status for each category:

As stated above, these processing periods may change. 

Therefore, the waiting period applicable to the categories shown above may be different at the time you are reading this than what is listed above.  For accurate waiting periods, consult your immigration attorney in Colorado Springs, and get the justice you deserve. Call for a legal consultation: (719) 633-3377

For an updated list of the current waiting times applicable to each category, you can visit the U.S. Department of State’s online visa bulletin at http://travel.state.gov/visa/bulletin/bulletin_1360.html.

The United States has provided a visa for fiancés of U.S. citizens, known as a K-1, that allows the fiancé to enter the U.S. so that the couple can get married. Your immigration attorney in Colorado Springs will explain this further when you contact us to schedule your legal consultation. 

The process requires the U.S. citizen to petition for the immigrant fiancé and provide documentation to show, among other things, that the relationship is a valid, good faith one, and that the couple has actually met in person during the previous two years.  

Once the visa is approved, the immigrating fiancé will be allowed to enter the U.S. but the couple must then get married within 90 days of entry.  

After getting married, the spouse can apply for a Green Card based upon her marriage to a U.S. citizen.  

If approved, the immigrating spouse will be granted Conditional Residency (as described above) for two years, after which he or she will be able to apply for adjustment to Permanent Residency.

The process of applying for immigrant status based upon marriage or other family relationships can be complicated and intimidating.  

Failure to understand and apply these laws can have serious consequences, including significant delays in processing the case, or in some cases even deportation.  

Your immigration attorney in Colorado Springs, Josh Deere has extensive experience helping family members understand and take advantage of U.S. immigration laws to stay together, or to be reunited.  

Call us today at (719) 633-3377 to schedule a legal consultation to discuss these matters.

Deportation, otherwise known as “removal”, is the process of the U.S. government forcing an immigrant to return to his or her country.  The removal process can be complicated, overwhelming and devastating, both for the immigrant and his or her family and friends. 

Often people are deported back to places where they have not lived in many years, and are separated from their families with little chance of ever being reunited. 

But there are defenses and legal rights available to people in deportation. 

Perhaps more than any other time in the life of an immigrant, it is absolutely critical that a person in deportation speak with a qualified immigration attorney to learn what those rights and defenses might be. 

Each deportation case is different, so whether you qualify for a particular category will depend upon your individual circumstances. Work with an immigration attorney in Colorado Springs for help on this.

The following is a list of some of the most common types of defenses available in deportation cases:

Adjustment of Status

You may qualify to adjust your status to that of a permanent resident through a family member who is a U.S. citizen or permanent resident, or through potential employment in the United States.  

In some situations, the ability to adjust your status can be used as a defense in your deportation case.  

If you are married to a U.S. citizen, or if you have a son or daughter who is over 21 years old, or if you are a minor son or daughter of a U.S. citizen, you may be able to qualify for immediate adjustment to permanent resident status.  If you have any relatives who are U.S. citizens or permanent residents, you should discuss those relationships with your attorney immediately.

Cancellation of Removal

If you are in deportation and qualify for Cancellation of Removal, your deportation will be cancelled.  

If you are not already a Permanent Resident (Green Card holder), you may qualify through Cancellation of Removal to become one. 

If you are already a Permanent Resident, to qualify for Cancellation of Removal, you would have to show:

• You have resided in the U.S. continuously for seven (7) years after having been admitted in any status
• You have been a permanent resident for five (5) years
• You have not been convicted of an aggravated felony
• You deserve the Judge’s favorable discretion
• If you are not a Permanent Resident, to qualify for Cancellation of Removal, you would have to show:
• You have resided in the U.S. continuously for ten (10) years

You are a person of good moral character, meaning that you do not have a significant criminal history, and are an honest person

Your removal would result in exceptional and extremely unusual hardship to a qualifying relative who is a U.S. citizen or a lawful permanent resident, and who is residing in the U.S.

This is a very difficult standard to prove, so it is important to discuss thoroughly with our immigration attorney in Colorado Springs, Josh Deere. Call now for a legal consultation: (719) 633-3377.

Asylum

You may qualify for asylum if you can show that you have a credible fear of returning to your home country because of past persecution, or because you have a well-founded fear of future persecution. 

If you qualify for asylum, you can ask the Court to terminate your deportation case. 

To qualify for asylum, you must show:

• You have suffered persecution in the past in your home country, or that you have a well-founded fear of persecution in the future
• That the persecution you suffered or will suffer is because of your race, religion, nationality, political opinion, or membership in a particular social group
• You would not be protected from that persecution in your home country

You must apply for Asylum within one year of entering the United States.

There are only a few exceptions to this rule, such as if there have been recent significant changes in the circumstances of your home country that would now qualify you for asylum. 

While asylum may be used as a defense to deportation, you do not have to be in deportation proceedings to apply for asylum.  If you qualify for asylum, you will be able to live and work in the United States, and will be able to apply for permanent residence one year after receiving asylum status. 

Asylum is very complicated, and should be discussed thoroughly with our immigration attorney in Colorado Springs, Josh Deere. Call for a legal consultation: (719) 633-3377

Withholding of Removal

Withholding of Removal is similar to asylum, but does not provide as many benefits or a permanent status.  

To qualify for withholding of removal, you must show that if you were deported to your home country, there is a clear probability that you would suffer persecution based on your race, religion, nationality, political opinion, or membership in a particular social group.  

You may only apply for withholding of removal if you are in deportation proceedings.  

Many people who do not meet the one-year filing requirement for asylum may qualify for withholding of removal.

If you are granted withholding of removal, you will not be deported and will be able to work in the U.S., but you will not be able apply for adjustment of status to a permanent resident. Work with your Colorado Springs immigration lawyer about this at: (719) 633-3377

DACA (Deferred Action for Childhood Arrivals)

Under a relatively government program called Deferred Action for Childhood Arrivals (DACA), certain immigrants who were brought to the U.S. in their youth may qualify for a work permit and temporary protection from deportation. 

To qualify for DACA, you must show:

• You arrived in the U.S. before the age of 16
• You are currently at least 15 years old, but not older than 30
• You have resided in the U.S. for at least five years
• You are currently in school, have graduated from high school, have earned your GED, or are currently enrolled in a GED program, and
• You have no felonies on your criminal record, and have no more than two total crimes of any sort on your criminal record

If you qualify for DACA, you can request that the Court terminate your deportation proceedings. 

You will not be granted permanent residence or citizenship, but you will have temporary protection from deportation for two years, with the possibility of a two-year extension at the end of that period.

Prosecutorial Discretion

The government attorneys who are prosecuting your case have the ability to agree to administratively close your case if they feel that continuing with the case does not meet ICE’s enforcement priorities. 

We are able to make an official request that the attorneys consider the case for closure, which they can do through Prosecutorial Discretion.  

They are supposed to base the decision on whether to close the case on 19 factors provided by the Director of ICE, including your criminal record, immigration record, ties to the community, education, and length of time in the United States.

The decision to grant prosecutorial discretion is left to the government attorney, not the judge. 

If you are granted prosecutorial discretion, your deportation case will be closed.  

However, you will not be given any type of status, and you will not be able to obtain a work permit or driver’s license that is why you need the defense of an immigration attorney in Colorado Springs, like Josh Deere..

Voluntary Departure

If you do not qualify for any other forms of relief, you may request that the Court grant voluntary departure. 

If the Court agrees, it will generally grant you a certain time period to leave the country (up to 120 days), and you will be able to do so on your own rather than under an official order of forced deportation from the Immigration Court.  You also will not be subject to a punishment of 10 years of inadmissibility to the U.S. that generally follows a deportation, although you can be subject to other legal bars from re-entry.  

To be clear, to qualify for Voluntary Departure, you have to request it from the Court.  

If you choose to leave on your own before your court hearings, an order of deportation will likely still be entered against you in your absence. 

These are some of the more common types of defenses and relief available to someone in deportation proceedings.  Whether you are successful in requesting this relief depends on the evidence you provide to present in the case, and whether the Judge and/or ICE attorney decides to grant the relief requested. 

Therefore, it is important that you discuss your case thoroughly with a qualified attorney, and speak openly and honestly about all of the facts surrounding your case.

The deportation process can be complicated and difficult to navigate without a professional immigration attorney in Colorado Springs, who is on your side fighting for your rights.  

The Colorado Springs immigration lawyer at Deere Law, LLC has extensive experience helping family members understand and take advantage of U.S. immigration laws to stay together, or to be reunited.  

Call us today at (719) 633-3377 to schedule a legal consultation!

What most immigration clients truly want to know is “How can I get a work permit?”, and for good reason. 

Authorization to work in the United States allows individuals to provide for themselves and their families, and offers a sense of self-worth. Work with an immigration attorney in Colorado Springs for help with work permits. 

Unfortunately, however, the U.S. does not grant work permits by themselves. 

Work permits are generally tied to some other type of immigration status.  

In other words, the way to determine how you can qualify for a work permit is to determine whether you qualify for any categories of immigration benefits available from the U.S. government.  

For example, immigrants who qualify for Deferred Action (D.A.C.A.) are allowed to apply for work authorization.  

Immigrants who apply for Permanent Residency based on a family relationship can receive a work permit while they wait for their Green Card.  

If you wondering whether you can qualify for work authorization in your particular situation, you should discuss your case with a qualified immigration attorney. 

Individuals who receive Permanent Residence (a Green Card) or citizenship no longer need to apply for a work permit.  Their status as a permanent resident or citizen automatically allows them to work.

To apply for a work permit, you must submit USCIS form I-765 along with the correct supporting evidence.

The immigration attorney in Colorado Springs, at Deere Law, LLC has extensive experience helping immigrants understand and apply for work authorization in the United States.  Call today at (719) 633-3377 

D.A.C.A., which stands for Deferred Action for Childhood Arrivals, is a program announced by the U.S. government that provides at least some relief for immigrants who came to the United States as children. 

Despite what some may say, the program is not the DREAM Act that has been discussed in Congress for years.  

Instead, it is an executive order from the Obama Administration that allows individuals who qualify to avoid deportation for at least two years, with a possible extension at the end of those two years. 

To qualify for D.A.C.A., you must meet the following requirements:

• be under the age of 31 as of June 15, 2012
• be 15 years old or older at the time of filing the request (this requirement has some exceptions if the individual is in deportation proceedings)
• have come to the U.S. before reaching 16 years old
• have continuous physical presence in the U.S. since June 15, 2007
• have either graduated from high school, obtained a GED, or are in school currently, or be a U.S. military veteran with an honorable discharge
• not have any felony convictions, significant misdemeanor convictions, or have three or more total misdemeanor convictions

What benefits will D.A.C.A. provide?

If you apply and are accepted for D.A.C.A., you will not receive permanent residency or citizenship.  

You will, however, be eligible to apply for a work permit, a social security number, and possibly a driver’s license.  

You should also be aware that because D.A.C.A. is an executive order rather than a law passed by Congress, it could be taken away at any time. Understand your rights and recourse when you speak with our immigration attorney in Colorado Springs, Josh Deere at: (719) 633-3377

The D.A.C.A. Process

Individuals wishing to apply for D.A.C.A. must submit a form I-821D, along with supporting evidence to prove the requirements listed above.  

D.A.C.A. applicants can also apply for a work permit by submitting forms I-765 and I-765W.

After submission of the forms and supporting evidence, applicants will undergo fingerprinting and a background check.  If this concerns you, please know that the government has stated that it has no intention of using information from the applicant’s forms, fingerprints, or background check to initiate deportation against any immigrants involved in the process, including any family members mentioned on the application forms. 

From our experience, this has not been a problem for any D.A.C.A. applicants or their families.

In most cases, applicants will not be required to undergo an interview during the D.A.C.A. application process.

Evidence/Documents to Support Your Request for D.A.C.A.

We will need to include evidence to prove each of the six requirements listed above.  For example:

To show that you came to the United States before the age of 16, that you have resided in the United States for a least five years preceding June 15, 2012, and that you were physically present in the United States as of June 15, 2012, you may include:

• birth certificate, financial records, medical records, school records, employment records, or military records.
• To show that you are currently in school, have graduated from high school, or have obtained a general education development certificate (GED), you may include:
• diplomas, GED certificates, report cards, and school transcripts.

To show that you were honorably discharged veteran of the Coast Guard or Armed Forces of the United States, you may include:

• report of separation forms, military personnel records, and military health records.

In October 2013, Josh Deere, your Colorado Springs immigration lawyer, was chosen, based upon his success in D.A.C.A. cases, to teach a class on D.A.C.A. to members of the Colorado Bar Association’s Immigration Section.

We consider it a great privilege to be able to help many young people obtain D.A.C.A. status and permission to work, and look forward to continuing to do so.  

Call us today at (719) 633-3377 to schedule a legal consultation.

​​​​Asylum and refugee status is a designation provided by the Unites States to immigrants who can demonstrate that they have a credible fear of returning to their home countries because of past persecution, or because they have a well-founded fear of future persecution. 

The difference between an “asylee” and a “refugee” is that an asylee is already in the United States, whereas a refugee is outside the U.S. but is trying to enter based upon the protections provided by asylum law.

To qualify for asylum, you must show:

You have suffered persecution in the past in your home country, or that you have a well-founded fear of persecution in the future;

That the persecution you suffered or will suffer is because of your race, religion, nationality, political opinion, or membership in a particular social group;

You would not be protected from that persecution in your home country.

You must apply for Asylum within one year of entering the United States. 

There are only a few exceptions to this rule, such as if there have been recent significant changes in the circumstances of your home country that would now qualify you for asylum. 

Asylum may be used as a defense to deportation, but you do not have to be in deportation proceedings to apply for asylum.  If you qualify for asylum, you will be able to live and work in the United States, and will be able to apply for permanent residence one year after receiving asylum status. 

Withholding of Removal

Withholding of Removal is similar to asylum, but does not provide as many benefits or a permanent status. 

To qualify for withholding of removal, you must show that if you were deported to your home country, there is a clear probability that you would suffer persecution based on your race, religion, nationality, political opinion, or membership in a particular social group.

You may only apply for withholding of removal if you are in deportation proceedings.  

Many people who do not meet the one-year filing requirement for asylum may qualify for withholding of removal.

If you are granted withholding of removal, you will not be deported and will be able to work in the U.S., but you will not be able apply for adjustment of status to a permanent resident. 

Asylum is very complicated, and should be discussed thoroughly with a Colorado Springs immigration lawyer.  

Mistakes in the asylum process can have significant consequences, including long delays in the processing and even deportation. 

Schedule your legal consultation with the top immigration attorney in Colorado Springs at (719) 633-3377

Immigrants who have been the victims of a crime may qualify to receive a U Visa, which is a visa specially designed by the U.S. government to encourage crime victims to report the crime and cooperate with authorities in the investigation and prosecution of the criminal. 

Not all crimes qualify the victim for a U Visa.  

The crimes that qualify are generally those committed against the person directly, such as domestic violence, assault, rape and other sex-related crimes, human trafficking, etc.

How do I know if I qualify for a U Visa?

To qualify for a U Visa, the applicant must show that he or she:

Is the victim of physical or mental abuse resulting from one of the qualifying crimes;

Possesses information about the criminal activity;

Has cooperated or is willing to cooperate with law enforcement in investigating or prosecuting the criminal; and

The crime occurred in the United States and/or violated the laws of the United States.

What is the procedure for applying for a U Visa?

The U Visa process consists of two major steps.  

First, the immigrant victim of crime must seek certification from a federal, state, or local law enforcement official that the individual is, in fact, a victim of crime, and that he or she is willing to cooperate in the investigation or prosecution of the criminal.  

The certification is provided by the law enforcement official signing off on a U Visa Non-immigrant Status Certification (USCIS Form I-918, Supplement B).

Once the immigrant has obtained the certification, he or she must submit the actual application, which is Form I-918, as well as the Certification form and other required supporting evidence.

What benefits do I get from a U Visa?

U Visas are granted for up to four years, but with a possibility of an extension if the immigrant can obtain additional certification from a law enforcement agency.  U Visa grantees are granted a work permit, and may leave and re-enter the U.S.

In some situations, individuals who receive a U Visa and meet certain requirements may qualify for Permanent Residency (a Green Card) at the end of the visa period.

If I qualify for a U Visa, can I include by family members?

Most U Visa applicants can include their spouse, children, unmarried brothers and sisters, and parents as derivative beneficiaries of their visa application.

How long will I have to wait for my U Visa?

The United States only grants 10,000 U visa applications per year.  

This means that once the government has issued 10,000 U visas in a given year, all additional U Visa applications will be put on hold until the next year.  

This does not mean, however, that immigrants who qualify for a U Visa should wait until the next year to file the visa application.  

U Visa individuals can still be filed this year, and will hopefully be among the first to be processed the next year.  

Furthermore, applicants on the waiting list can apply for a work permit, and will likely be protected from deportation while they are waiting.

Your top-rated immigration attorney in Colorado Springs, Josh Deere, at Deere Law, LLC takes U Visa cases very seriously, and have taught multiple seminars and classes on U Visa law.  

If you, or someone you know, are an immigrant and have been the victim of a crime, you should know your rights and whether you can take advantage of the U Visa laws to obtain legal status and a work permit.  

Call us today at (719) 633-3377 to schedule a legal consultation with a Colorado Springs’ TOP ATTORNEY award-winner, from Colorado Springs Style Magazine, Mr. Josh Deere.

The term “V.A.W.A.” stands for the Violence Against Women Act, which is a law created by Congress to protect victims of domestic violence. 

Although it was originally designated as a law to protect Women, it has since been extended to protect all victims of domestic violence, including men and children. VAWA’s protections also extend to immigrants, including those without any legal status.

There are three types of VAWA cases:

Self-Petition – Immigrants who have been victims of physical abuse or extreme cruelty at the hand of a U.S. citizen or Permanent Resident can petition on their own to obtain VAWA status;

Defense to deportation – Victims of physical abuse or extreme cruelty who are in deportation proceedings can use VAWA laws to defend against the deportation and remain in the United States; and

Waiver of Conditional Residency – Spouses who have been in an abusive relationship during the initial two-year Conditional Residency period can apply to have the conditional status removed and become a Permanent Resident without the need to have the abusive spouse involved in the process.

What requirements do I have to meet to show that I qualify for VAWA?

To qualify for VAWA, you demonstrate that

• You were in a qualifying relationship with a U.S. citizen or Permanent Resident (Green Card holder);
• You reside in the United States;
• You resided with the abuser for some period of time inside the U.S.;
• You suffered physical battery or extreme cruelty at the hand of the abuser;
• You are a person of good moral character; and
• If you are a self-petitioning spouse, you entered into the marriage with the abusive spouse in good faith (not just for immigration purposes).

What benefits do I get if I qualify for VAWA?

If you are granted VAWA status, you will receive a Green Card (Permanent Residency). 

With that status, you will be able to enjoy many rights and privileges in the U.S., including the ability to work, travel freely to and from the U.S., and apply for citizenship in a few years.

Will my spouse know that I am applying for VAWA?

One of the best things about the VAWA immigration petitions are that they do not require the cooperation of the abusive spouse.  In fact, the abuser is not supposed to know of the process at all.

If I qualify for VAWA, will I be able to include my family members?

Abused spouses who apply for VAWA can include their children on the VAWA application.  

Also, parents of children who have been abused can also qualify for VAWA as long as they are not the abusers.

The attorneys at Deere Law, LLC take VAWA cases very seriously, and have taught multiple seminars and classes on VAWA law.  If you, or someone you know, are an immigrant and have been the victim of domestic violence, you should know your rights and whether you can take advantage of the VAWA laws to obtain legal status.  

For help with VAWA, contact your immigration attorney in Colorado Springs, Josh Deere at (719) 633-3377 to schedule a legal consultation.

Immigrants wishing to invest in a business or enterprise in the United States may qualify for an E-2 Visa created by the United States specifically for investors.  

To qualify, the investing immigrant must be from a one of a list of treaty countries (see http://travel.state.gov/visa/fees/fees_3726.html), and must meet other specific requirements as described below.

What benefits do I receive as an E-2 Visa Investor?

As an E-2 Visa Investor, you will be allowed to enter and remain in the United States to oversee the operation of the enterprise.  E-2 Visas are valid for five years, but may be renewed in two-year increments as long as the enterprise continues to qualify under the E-2 regulations promulgated by the U.S. government.

What requirements do I have to meet to qualify for an E-2 Investor Visa?

To qualify for an E-2 Visa as a foreign investor, you must demonstrate that

You are from one of the treaty countries;

The amount of your investment in the U.S. business enterprise is “substantial”. 

The amount invested must be sufficient to ensure that the business will be successful.  

While the law does not necessarily require you to meet a specific amount of investment, certain embassies or consulates do require the investment to meet a certain amount (Canada, for example, generally requires at least $100,000);

The operation must be an actual, operating one, rather than a speculative one;

The funds you plan to commit to the business must actually be at risk, as opposed to just promised or sitting in a bank account from which you can withdraw at any time.  Real property owned by the investor will not qualify;

The investment may not be “marginal”, meaning it must produce revenue in addition to just a living for the investor and his or her family;

The investor must be coming to the U.S. to develop and direct the enterprise, and must either be the principal investor or employed in a supervisory, executive, or highly specialized category. 

The investor is not supposed to engage in everyday labor and tasks.

What do I need to submit when applying for an E-2 Investment Visa?

E-2 Investor Visa applications generally require a substantial amount of supporting documentation to demonstrate that the investor and the investment enterprise meet the requirements stated above.  

As each individual is different, so is each business.  

As such, the documents needed to establish the criteria vary drastically from case to case.  

For example, the documentation we requested from a client investing in a $50,000 restaurant enterprise varied greatly from what we requested from a client investing in a $92 million power plant.

At Deere Law, LLC, your immigration attorney in Colorado Springs will generally start by working with the client to develop a thorough business plan that addresses each of the E-2 visa requirements.  

We also provide our client with a list of documents to provide to us, which we may need to modify throughout the case as new facts and issues arise.

Can I include my family members on an E-2 Visa application?

E-2 Treaty Visa applicants can include their spouses and children (under 21) on their applications.  

The spouse can obtain authorization to work in the U.S. while the E-2 Visa is in use.  

Dependent children, however, are not authorized to work in the U.S.

E-2 Visa cases are among the most complicated types of immigration matters.  

If you are considering applying for an E-2 Visa, you should consult with an experienced immigration attorney in Colorado Springs. Josh Deere, is a top Colorado Springs immigration lawyer who can help you.

Call today at (719) 633-3377 to schedule a legal consultation.

​​​​The word “audit” can strike fear into the greatest of companies, regardless of how competent their Human Resources departments may be or how meticulously they keep their records.

It is not uncommon for companies to think they are completely compliant in their I-9 procedures, only to find out through an ICE (U.S. Immigration and Customs Enforcement) audit that they are not, and are subject to significant penalties as a result.

What is the I-9 Employment Eligibility Verification form?

The I-9 is a form created and required by the U.S. government to show that employed individuals are authorized to work in the United States.  The law requires all employers to complete and keep an I-9 for all employees hired after November 6, 1986, regardless of what the employer believes the employee’s immigration status to be.

Why should my company worry about complying with I-9 laws?

Employers that fail to comply with proper I-9 procedures and record keeping are subject to an intensive audit process by ICE, and significant fines and penalties.  Those may include fines of up to $3,200 per violation for first time violators, up to $6,500 per violation for second timers, and up to $16,000 per violation for third timers.

The issue is whether the employee is authorized to work legally in the United States, not whether he or she is a citizen or permanent resident.

Many employers mistakenly believe that they can only hire a “citizen”, or that they have to make judgment calls on whether the employee is “legal”. 

This misconception can subject the employer to claims of discrimination based upon the would-be employee’s race, ethnicity or nationality.  

In reality, many people are authorized to work in the U.S. who are neither citizens nor permanent residents.  

Employers who follow the simple I-9 procedures properly can protect themselves not only from ICE audits and penalties, but also from discrimination claims. 

Employers should develop a standard protocol for interviewing, offering employment, filling out I-9 forms and verifying supporting documentation, and storing I-9 files. 

Employers should follow the same practices for all employees and potential employees, regardless of race, legal status, national origin, etc. 

Employers should also complete I-9 forms and verify documentation for every employee, even if you are absolutely certain that he or she was born in the U.S. If you need any help with this, contact your immigration attorney in Colorado Springs, Mr. Josh Deere, at (719) 633-3377

Properly filling out the I-9 form

Employers must fill out Section 1 of the I-9 form on the first day of employment.  Employers must fill out Section 2 and verify the employee’s supporting documents within three business days of hiring the employee.

To satisfy Section 2, the employee must either present one document from List A, or a document from both List B and List C.  Employers should never instruct the employees which documents they will accept. 

If it is on the list, the employer must accept it.  

Employers are not required to be insurers of the veracity of the documents.  Employers are only required to make a reasonable determination that the documents presented by the employee appear to be valid.

In addition, employers should never require the employee to present more documents than are required by the I-9 forms, unless of course it is required by a Notice of Suspect Document in an ICE audit (see below). 

Also, employers should never use I-9 forms and/or supporting documents to pre-screen potential employees. 

Retaining the I-9 and supporting documents

Employers must keep the I-9 and copies of supporting documents for at least three years after the date of hire, or one year after employment is terminated, whichever is later.  

Employers should store the completed and signed I-9 forms and copies of supporting documentation in a safe place, but in a manner that will allow the employer to access and produce the documents within three days if necessary.  

We suggest that the employer maintain the I-9 and supporting documents separate from the other employee files, preferably in a separate filing cabinet.

ICE Audits

ICE initiates the audit process by issuing a Notice of Inspection (NOI), which is a notice that ICE intends to audit the company’s I-9 records. If any of this confuses you, contact our immigration attorney in Colorado Springs.

U.S. law (8 CFR §274a.2(b)(2)(ii)) requires that a company must be provided at least three days’ notice prior to an inspection of the I-9 forms.  The NOI generally requires the company to produce the I-9 forms and all supporting documentation for all current and former employees for the past three years.  

ICE can also require production of additional documentation, including business licenses, employee lists, payroll lists, corporate documents, etc.

After inspecting the I-9 forms and supporting document, ICE will either:

• notify company that it is in compliance (Notice of Inspection Results), or
• issue one of several notices, including:
• Notice of Technical or Procedural Failures – The company will have 10 days to correct deficiencies;

Notice of Suspect Documents – The employer must notify the employees on the list who were suspected of having suspect documents.  Employees then have a “reasonable time” to produce new documentation to prove legal work status (ICE says that 10 days is reasonable). 

If the employee fails to produce valid documents within reasonable time, the employer must terminate the employee.

Failure to comply

If the employer is still not in compliance after issuance of the notices described above, ICE may issue Notice of Intent to Fine (NIF), which is a charging document that notifies the employer of the allegations against it. 

At that point, employer can either

• Negotiate a settlement with ICE, or
• Request a hearing with the Office of the Chief Administrative Hearing Officer (OCAHO) within 30 days of receipt of the NIF

If no settlement is reached and employer is found to be in violation, ICE can issue fines of up to $3,200 per violation for first time violators, up to $6,500 per violation for second timers, and up to $16,000 per violation for third timers

I-9 audits are on the rise

There was a 496% increase in NOI issuance from fiscal year 2008 to fiscal year 2011, including an unprecedented 1,000 NOIs issued in one day on June 15, 2011. 

In fiscal year 2011, ICE issued over $10 million in fines nationwide, almost 15 times the amount issued in 2008. 

Employment Verification laws specific to Colorado

Colorado law (C.R.S. § 8-2-122) requires employers to complete and submit an Affirmation of Legal Work Status form within 20 days of hiring a new employee for work in Colorado, which verifies the following:

The employer has examined the legal work status of the new employee;

The employer has retained file copies of the documents required by 8 U.S.C. sec. 1324a (commonly referred to as "Form I-9 identity and employment authorization documents");

The employer has not altered or falsified these documents;

The employer has not knowingly hired an illegal alien.

Colorado law (C.R.S. §§ 8-17.5-101 & 102) also requires all employers who have public contracts for services with state agencies or political subdivisions to either use E-Verify or an alternate program developed by the Colorado Department of Labor in order to verify the work eligibility of all employees

I-9 compliance can be quite complicated, and should be discussed thoroughly with an attorney.  The attorneys at Deere Law, LLC consult with companies and their human resources departments regarding I-9 issues, and conduct internal audits to help clients prepare for ICE audits.  

Call us today at (719) 633-3377 or get started with legal consultation request with your immigration attorney in Colorado Springs, Josh Deere.