Discussion Points for Punto Legal- May 10, 2017

Discussion Points for Punto Legal- May 10, 2017


1. June 2017 Visa Bulletin.

The June 2017 visa bulletin is out. The cut-off date for spouses and children of residents from Mexico is July 22, 2015. Last month it was June 22, 2015. The cut-off date for brothers and sisters of citizens from Mexico is July 15, 1997. Last month it was July 1, 1997.

2. Mentally Disabled Petitioners.

Two weeks ago, I got a call from a listener who wanted to know if a mentally disabled U.S.-citizen child could petition for his mother. The answer is yes. In fact, the U.S.-citizen child could file an immigrant petition for both parents and his brothers and sisters. The child would have to have a guardian appointed by the state court to make decisions for him. The guardian would also sign the immigrant petition. Getting a guardian appointed is a fairly simple process in Colorado courts.

3. DACA.

Two weeks ago, President Trump said that undocumented immigrants who were brought illegally to the U.S. as children should “rest easy” and not fear deportation under his administration’s efforts to ramp up immigration enforcement.

If you have been putting off applying for DACA or renewing your DACA, you should apply.

If you have DACA and want to travel with advance permission, do it.

I still run into young immigrants who qualify for DACA who don’t know they can apply for DACA even if they do not have a high school diploma. You can make yourself eligible for DACA simply by enrolling in a GED program at Colorado Mountain College. All you have to do is enroll in a GED program.

4. DUI’s and DACA.

As most of you know, a DUI disqualifies you from DACA. Colorado has a lesser offense called DWAI-Driving While Ability Impaired. A DWAI also disqualifies you from DACA. But what if you get a deferred sentence to a DUI or DWAI? You may be able to get or keep your DACA if you have deferred sentence to a DUI. In immigration law, ordinarily a deferred sentence is treated just like a straight conviction. But under a special DACA rule, it is treated as an expungement if you successfully complete the deferred sentence. In a deferred sentence arrangement, you plead guilty to an offense. There are things you have to do and conditions you have to meet. If you successfully complete the deferred sentence, the charge is dismissed for the purpose of Colorado law. Once you complete the deferred sentence, you may ask for DACA. The immigration service says it will look at deferred sentences on case-by- case basis. We have handle three of these cases and been successful each time.

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