Discussion Points for Punto Legal –February 26, 2020

Discussion Points for Punto Legal –February 26, 2020


1. Public Charge Rule.

The State Department got in the act regarding the public charge rule this Monday. Immigrants trying to fix their papers in CDJ were give a public charge questionnaire to fill out. It is called the DS-5540, Public Charge Questionnaire. This form asked if you had health insurance; if you had a job awaiting your arrival in the U.S.; if you had assets and debts; what your education and job skills were; and a number of other questions. We are helping one of our clients in CDJ right now with the questionnaire.

This got me to thinking about a consultation I had earlier this week. Hector is a naturalized U.S. citizen who lives in Eagle County. He owns a marble and granite business. He is married and has four kids for a household size of six. He wants to immigrate his parents who live in Mexico. His father is 64 years old. His mother is 55 years old. They own their home in Mexico and some land. They could rent the land if they moved to the U.S. But could they get past the public charge tests? The age of the father is a negative factor. But both parents are in good health, a positive factor. The U.S.-citizen son made $65,000 from his business in 2019: that is more than $55,150, which is 125 percent of the poverty line for a household size of eight. The parents both went through high school but do not speak English. This case may turn on how much income the parents can generate from their property in Mexico and whether or not the U.S. son can get health insurance for his parents.

What do you think?

Everybody is going to have work harder to become a resident.

There is now an Internet option for checking immigration court case information. The new automated case information application is available on the immigration court system’s website and is currently available in English and Spanish. Available information includes next scheduled hearings, decision information at the immigration court and Board of Immigration Appeals (BIA) levels. portal.eoir.justice.gov/InfoSystem

2. New Spanish-speaking criminal defense lawyer.

We have a new Spanish-speaking criminal defense abogado. His name is Brian Roche. Brian is fluent in Spanish. He has seen a lot of criminal cases as a public defender in Denver. And he served as prosecutor in Eagle County. Working as a prosecutor actually makes you a better defense lawyer. Now you can hire a lawyer who is ready to defend you and explain everything to you in Spanish.

3. Tips for New Year.

Number 1. If you can fix you papers in the United States, that is, adjust your status to lawful permanent resident, do it quickly. You may be able to beat the $1000 fee increase and probability that the “public charge” rule will come into effect. Number 2. If you have DACA, renew your DACA for another two years to stay ahead of a Supreme Court decision allowing President Trump to end DACA. If you have El Salvador TPS and a citizen spouse or 21-year-old child, travel to El Salvador with an advance travel permit so that you can fix your papers in the United States.

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