Padilla Law, P.C. is proud to announce that Beth Padilla has been designated as a Colorado Rising Star 2014 by Super Lawyers.

"Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Super Lawyers Magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country.

The selection process for the Rising Stars list is the same as the Super Lawyers selection process, with one exception: to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. All attorneys first go through the Super Lawyers selection process. Those who are not selected to the Super Lawyers list, but who meet either one of the Rising Stars eligibility requirements, then go through the Rising Stars selection process. While up to five percent of the lawyers in the state are named to Super Lawyers, no more than 2.5 percent are named to the Rising Stars list." http://www.superlawyers.com.

Beth Padilla was designated as a Rising Star in her Immigration practice.

-- Beth Padilla, Esq.

Researchers from the University of Harvard School of Education and the University of Southern California have published the results of study examining the impact of President Barack Obama’s immigration program for young people entitled Deferred Action for Childhood Arrivals (DACA). DACA was implemented one year ago today, on August 15, 2012. Through DACA, young people that arrived in the United States before they turned sixteen years old, attended high school or obtained a GED, have been continuously present since June 15, 2007, are between the ages of fifteen and thirty one, and have not been convicted of serious crimes may apply for DACA. DACA requires the young person to turn himself into the Department of Homeland Security (DHS) and DHS will in turn defer action on the person’s case for two years. Through the program, young people may obtain work authorization, a social security card, and perhaps a driver’s license. DACA is not a pathway to citizenship, does not allow young people to have a green card, and does not permit young people to apply for immigration status for their family members.

The recent research demonstrates that DACA has had a positive impact on the young immigrant community in the United States. For example, sixty-one percent of DACA recipients obtained a new job after they were granted DACA status. Fifty-four percent of DACA recipients interviewed opened their first bank account, while sixty-one percent obtained their driver’s license. There are many benefits to the young immigrants that have obtained DACA status as well as to the American public. When more young people are able to obtain jobs, they are less likely to support themselves and their families through illegal means. In addition, if young people are able to obtain a driver’s license, they are more likely to obtain car insurance as well. Overall, while DACA is not the DREAM Act, it is a step in the right direction and the benefits apply to many sectors of the public.

For more information regarding the recent study, visit http://www.immigrationpolicy.org/just-facts/how-daca-impacting-lives-those-who-are-now-dacamented.

The Secretary of the Department of Homeland Security (DHS), Janet Napolitano, recently announced that DHS will treat immigration petitions filed by same-sex married couples the same as petitions filed by heterosexual married couples. This change is fundamental for same-sex partners where one partner is a non-citizen of the United States. Now, all United States citizens or residents may file an immigration petition for their immigrant spouse.

Before the Supreme Court’s recent ruling that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, a same-sex partner was unable to obtain immigration status for his or her spouse. After the Supreme Court’s decision, a spouse may petition for his or her spouse if they were lawfully married in a state that recognizes same-sex marriage.

While the change is a major success for human rights activists and the LGBT community, there are still many questions that must be litigated to resolve. For example, what if a couple is united in a civil union under Colorado law? What happens if a couple marries in a state that recognizes same-sex marriage but then returns to a state that does not recognize same-sex marriage?

For now, immigration attorneys are discussing these issues and preparing to litigate cases that are unjustly denied. If you and your partner are lawfully married and want to petition for immigration status, it may be a good idea to speak with an immigration attorney about your options.

-- Beth Padilla

Often, clients will ask me whether they can help their family members obtain lawful immigration status in the United States. In certain circumstances, a client may petition to bring a family member to the United States.

For example, if Jane is a United States citizen and she wants to bring her sister to the United States from Mexico, she may complete and file immigration documents on behalf of her sister. It is important to understand that for many visa categories, there is a very long wait until a visa is available. In this situation, if Jane filed a petition on May 1, 2013, to bring her sister to the United States, her sister will have to wait about seventeen years until she is legally allowed to come to the United States. Currently, the United States government is processing visa applications filed by United States citizens for their brothers and sisters from Mexico that were filed in 1996. This means that if Jane would have filed for her sister in 1996, it would now be Jane’s sister’s turn to immigrate to the United States.

It is important to understand that the wait time is not the same for all countries. Individuals wishing to immigrate from China, India, Mexico, and the Philippines have the longest wait before a visa is available. You can learn more by viewing the April 2013 visa bulletin, available at: http://www.travel.state.gov/visa/bulletin/bulletin_5900.html.

Keywords: inmigracion de hermanos, hermano ciudadano, Durango immigration, Cortez immigration, Farmington, abogado de inmigracion

-- Paul E. Padilla

Last week, the New Mexico Court of Appeals released a decision that will have a big impact on New Mexico's DWI law. In the case of State v. Valdez (2013-NMCA-016), the Court of Appeals decided that anyone who is convicted of a DWI in New Mexico must have an interlock device installed in their car, even if the DWI did not involve alcohol.

In general, a person can be convicted of DWI if they are under the influence of any drug that impairs their ability to safely drive a vehicle. NMSA Section 66-8-102(B). However, the law also requires anyone convicted of any type of DWI “to obtain an ignition interlock license and have an ignition interlock device installed and operating on all motor vehicles drive by the offender[.]”  NMSA Section 66-8-102(N).

In the case of State v. Valdez, a woman was arrested for driving under the influence of oxycodone and other prescription pills, but had no alcohol in her system. The woman pled guilty to DWI, but challenged the requirement to have an interlock device installed in her car, because she had not been drinking when she was arrested.

Interlock devices can only detect alcohol, and do not test for other drugs, such as marijuana or prescription pills. Therefore, the woman argued that there was no basis to make her install the interlock device, since alcohol had nothing to do with her arrest.

However, the Court of Appeals did not agree, and ruled that it is reasonable to believe there is a “connection between the use of prescription drugs and the use of alcohol.”

Therefore, even if you have not been drinking, if you are pulled over and convicted of a DWI for pills, marijuana, or any other drugs, you will still need to register for and install an interlock device, which costs a lot of money. An interlock will cost an average of $1,000 per year, plus the cost of getting an interlock driver’s license ($63.00), and fines if you try and start your car with alcohol in your system.

-- Beth Padilla

Padilla Law, P.C. successfully represented an 82 year old Mexican national in his immigration case to become a lawful permanent resident of the United States.  The client has been in the United States since 1960 and was eligible for registry.

An individual may apply for and be granted lawful permanent resident status pursuant to registry if he:

- Entered the United States prior to January 1, 1972;
- Resided in the United States continuously since January 1, 1972;
- Is a person of good moral character; and
- Is not removable/deportable under certain sections of the INA (for crimes, immoral conduct, etc.)

Padilla Law, P.C. traveled to Grand Junction, Colorado with the client for his interview with USCIS in November and he was granted lawful permanent resident status last week. His green card should arrive within three weeks.

Keywords: Durango, Cortez immigration, Farmington immigration, registry case, been in United States for years

-- Beth Padilla

As you may already know, on June 15, 2012, the government announced
a new program for young immigrants in the United States called Deferred Action for Childhood Arrivals (DACA). However, the financial impact this program has had on the federal government is just becoming clear as we gain new information regarding the number of DACA applications submitted.

If an individual meets the DACA requirements, he or she may submit three forms to the U.S. government and pay $465 in filing fees. Essentially, the young immigrant is turning himself into immigration officials in order to obtain protection from deportation for two years and permission to work in the
U.S.

The U.S. Citizen and Immigration Services (USCIS) just released new data on the DACA program a few days ago. In total, the government has received 367,903 DACA applications. Assuming that each applicant also applied for work authorization, more than $171 million dollars in filing fees were paid directly to the U.S. government as a result of DACA. In addition, more than 12,000 of the applications were rejected. In general, when an application is rejected, the applicant must pay the filing fee again in order to re-apply.

In Colorado, more than 7,000 young people have filed DACA applications in the past four months. As time passes, we are obtaining more information about the program, including the financial incentives the United States government has to continue it.

-- Beth A. Padilla

Although I have no desire to discuss politics or the recent election, I feel it is important to discuss the current state of immigration law as it relates to Mitt Romney's statements about "amnesty" and undocumented children in the United States.

President Obama established a program in June of this year called Deferred Action for Childhood Arrivals (or DACA). DACA allows young undocumented individuals to receive work authorization in the U.S. and protection from deportation for a period of two years.  The requirements to qualify for DACA include:

• You must be between the ages of 15 and 31;

• You came to the U.S. before the age of 16;
• You have been in the U.S. for 5 years; and
  
• You have no serious criminal activity.

If you qualify for DACA, you must turn yourself in to the Department of Homeland Security and include evidence of the above qualifications in your application for the program.

DACA is not amnesty and it has nothing to do with the DREAM Act. It does not allow anyone to become a resident, a citizen, or to vote in the U.S.

Therefore, it is unclear why Mitt Romney has stated that President Obama gave amnesty to anyone, or that amnesty is now available.  In general, his statements regarding immigration law are wholly inaccurate.

http://www.bbc.co.uk/news/world-us-canada-20344750

The financial and moral implications of a DUI conviction are widely known. MSN reported that the financial implications of a DUI total approximately $10,000. This figure is based upon the cost of bail, towing your vehicle, impound fees, increased auto insurance, legal fees, probation fees, and perhaps even a breathalyzer system installed in your vehicle. The risk to human life is obviously a serious implication of drunken driving.

However, the true cost of a DUI may lie beyond the financial and moral implications. DUIs can impact a person’s child custody case and immigration
status.

In a child custody case, the judge must determine what is in the best interests of the child. Some factors judges use to determine the best interests of a child include the mental and physical well-being of both parents and the ability of each parent to place the needs of the child above his or her own needs. If a parent has a recent DUI conviction, a judge may believe that parent has a drinking problem and therefore could question his or her mental well being. In addition, a judge may believe that a parent with a DUI cannot put the needs of a child above his or her own needs to drink alcohol. A DUI conviction can negatively impact a child custody case.

In addition, a DUI may impact an individual’s immigration status. Many immigrants are brought to the attention of Immigration and Custom Enforcement (ICE) once they are arrested. Often, an immigrant will be arrested for a DUI and then will face a deportation case. Importantly, even lawful permanent residents, or people with a green card, may be deported. A DUI conviction impacts whether an individual can get an immigration bond if the immigration judge believes he or she is a danger to the community. Finally, a DUI conviction can impact an individual’s defenses to deportation.

In conclusion, the true cost of a DUI includes much more than $10,000 and the risk to human life. A DUI conviction may negatively impact your ability to see your children or remain in the United States.

Keywords: Aztec DUI, Bloomfield DUI, Cortez DUI, Durango DUI, Farmington DUI, Pagosa Springs DUI, cost of DUI, impact of DUI, DUI custody, DUI immigration, DUI defense, DUI inmigracion, DUI custodia de ninos.

A new immigration policy called Deferred Action goes into effect today. The law will allow certain young people protection from deportation for two years and the ability to work legally in the United States. The new law does not allow undocumented young people to stay in the United States forever or allow them to become citizens.

To qualify for Deferred Action you must:

-    Be between the ages of 15 and 31;
-    Have entered the U.S. at least 5 years ago;
-    Have entered the U.S. when you were younger than 16;
-    Have graduated from high school, obtained a GED, or currently be in school,
     or served in the U.S. military;
-    Not have any felony convictions or serious misdemeanors 
     (Note: one DUI is considered a serious misdemeanor); and
-    Have been present in the U.S. on June 15, 2012.

Deferred Action has been misrepresented in the media as a “path to citizenship” or “amnesty.”  This is simply untrue.  Deferred Action requires undocumented young people to turn themselves in to the federal government, pass a background check, and then the government will “defer action” on their deportation case for two years.  

While Deferred Action is an exciting program for many young people that
want to work legally in the U.S. to support their families, it is certainly not
the DREAM Act.  But, Deferred Action is a step in the right direction for undocumented young people.

If you think you may qualify for Deferred Action, please speak with an immigration attorney before beginning the process.