Exciting growth is happening at R&H, particularly within the new Sales Operations Department led by Jason Eversole. Jason, who joined the firm a couple of months ago, is excited to oversee this exciting new department.

The Sales Ops Dept. is comprised of the contact center, client coordinators, and intake attorneys. From prospective clients’ initial calls to follow-ups after their case assessments, these colleagues are responsible for guaranteeing each PC receives exceptional customer service.

“The team is focused on developing new leads for the firm and ensuring they retain our services as quickly and operationally efficient as possible,” Jason said.

The Contact Center

The Contact Center is the first point of contact and sets the tone for the PC’s experience at the firm. The contact team ensures that the PC is scheduled appropriately, and answers general questions regarding our legal services.

The Intake Attorneys & Client Coordinators

The intake attorneys complete the case assessments and works to identify the best cases for the firm allowing our attorney team to focus primarily on billing activities. The intake team works closely with the Client Coordinators to follow-up on retention, new leads, and completion of our questionnaires.

This spring, the firm has brought on several intake attorneys to reduce the consultation load that, until now, was largely placed on the firm’s partners, formerly called team leads. The intake attorneys now handle most initial case assessments.

Attorneys Dean Ferraro, Matthew Beresky, and Julia Romanow are the firm’s current intake attorneys. Dean, Matthew, and Julia all work out of the Castle Rock office.

Sales Ops Department Promotions

Congratulations are also in order for the following team members who either were promoted within or to the Sales Ops Department.

Megan Ackerman moves into the role of QA/Training Admin for the contact center. This role focuses on providing necessary training updates, onboarding new hires, and monitoring our phone calls to ensure a high level of customer satisfaction. This is a new position for our firm and one that will enable us to take our customer service skills to the next level.

Mark Ramirez joins the Client Coordinator team to assist with following up on client leads to ensure we reach a high level of client retention. Mark will transition from our contact center group.

Arendi Reynoso was promoted to Sr. Client Coordinator. Arendi has been an excellent resource for our attorney’s, admins, and call center team as Client Coordinator. We are excited to see her advance and offer her subject matter expertise to the group.

Sharon Rosas joins the Client Coordinator team to assist with following up on client leads and ensure we reach a high level of client retention. Sharon will transition from the Admin group.

“It is exciting to see our employees grow into new positions, and the firm will continue to offer new career opportunities in the future,” Managing Partner Don Eby said.

Looking Ahead

Jason said the entire department is focused on ensuring that it retains the best cases for our firm, and ensuring that potential clients have the best overall experience to ensure they contact the firm for any future legal needs.

The post New R&H Department Brings Big Changes appeared first on Robinson and Henry.

U.S. immigration law is complex and ever-changing; navigating it can seem overwhelming in the best of times and downright impossible in the moments of deep uncertainty that often accompany immigration matters. The Colorado immigration lawyers at Robinson & Henry, P.C. understand what’s at stake in immigration cases and are here to be your ally and your lighthouse as you navigate these often choppy waters.

Colorado Immigration Lawyers

Whether you’re fighting to protect the life you’ve built here, you’re in limbo, or somewhere between your native country and building a life in the U.S., you can count on Robinson & Henry’s Colorado immigration lawyers to help with immigration matters from obtaining visas to avoiding deportation. To schedule a free case assessment call 303-688-0944. Si gustaria hablar con nosotros en Espanol, porfavor llamenos al 720-359-2442.

Immigration Issues We Handle and Services We provide

U.S. Work Permits (Employment Authorization Document, Form I-765)

In order to work in the United States, all workers – citizens or not – must prove their eligibility. For U.S. citizens this proof comes in the form of their U.S. driver’s license, birth certificate, or passport. You don’t have to be a citizen, however, to be authorized to work in the United States; some immigrants and nonimmigrants are eligible to obtain a work document, formally called an Employment Authorization Document (EAD).

A work permit is a laminated card that contains basic information about the worker, including a photo and information about the worker’s immigration status. You can submit this permit to an employer as proof of eligibility to work in the U.S.

We have a very informative legal guide that provides important information about who is eligible to apply for an EAD and the application and renewal process. Our Colorado immigration lawyers can help you compile and submit the proper paperwork so you can achieve your employment goals.

Form I-130, Family Based Petition

An I-130 form is an immigration form used by a U.S. citizen or legal resident who is petitioning for a family member wanting to immigrate to the United States. It’s important to understand that not all family members are eligible under this petition and that the type of family member depends on the petitioner’s immigration status. For example, a U.S. citizen can petition to bring their sibling or parent over while a green card holder cannot.

This type of petition requires evidence of the petitioner’s immigration (or citizenship) status as well as proof that the beneficiary is related to the petitioner. Because USCIS reviews each petition rigorously, even the smallest mistake, missing information, inconsistency, or lack of substantial evidence causes many petitioners to have their applications delayed and even denied.

You can learn more about how to sponsor an immigrant spouse; how to avoid some of the most common filing mistakes; what is required of the petitioner; and how our Colorado immigration lawyers will help you build a strong case.

Form I-918, Petition for U Nonimmigrant Status (U Visa)

This petition is for immigrants who have been the victim of certain serious crimes and are assisting U.S. law enforcement with an investigation.

Examples of serious crimes include, but are not limited to:

• abduction
• extortion
• blackmail
• domestic violence
• incest
• FGM (female genital mutilation)
• murder
• torture
• trafficking
• perjury
• obstruction of justice

It’s important to note a U visa provides only temporary immigration benefits to foreign nationals. The noncitizen immigrant will need a judge, police officer, prosecutor, or other law enforcement official to fill out the certification of helpfulness as part of this application.

The noncitizen victim may also include their family in this petition by submitting Supplement A. Learn more about U visas and how our Colorado immigration lawyers can help you.

Form I-360, Violence Against Women Act

This immigration form is intended to provide relief for noncitizen immigrants who are facing abuse from their spouse or parent who is either a U.S. citizen or permanent resident. Normally, the noncitizen is reliant on the U.S. Citizen/permanent resident to change their immigration status, but the Violence Against Women Act (VAWA) allows the battered person to self-petition. This avenue allows the victim to safely and independently change their immigration status without the abuser knowing.

The petitioner must provide evidence of the abuse (whether it was physical, sexual, emotional, or economic), as well as evidence of their own good moral character. Those who have criminal marks on their record, like drug abuse, may be ineligible to become permanent residents. However, waivers do exist to help immigrants who may have some sort of negative record, but the type of waiver depends on the person’s individual circumstance. Read more about VAWA green cards.

Our Colorado Immigration Lawyers Can Assist You With:

• Form I-140, Immigrant Petition for Alien Worker (Employment Based Petition)
• Form I-485, Application to Register Permanent Resident or Adjust Status
• Form I-589, Application for Asylum
• I-485 Adjust Status for 245(i) (Green Card through LIFE Act)
• Concurrent filling of Forms I-130 and I-485
• Form I-601A, Application for Provisional Unlawful Presence Waiver or Form I-601, Application for Waiver of Grounds of Inadmissibility
• Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal
• Form I-751, Petition to Remove Conditions on Residence (Conditional Status Removal)
• Form N-400, Application for Naturalization
• Form I-821, Application for Temporary Protected Status
• Form N-600, Application for Certificate of Citizenship
• Form EOIR-42A, Cancellation of Removal and Adjustment of Status for Certain Permanent Residents
• Form EOIR-42B, Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents
• Help with Consular Processing
• Help with bond hearings
• Freedom of Information Act requests
• Formal Representation (Voluntary Leave or Cancellation of Removal)
• Representation for asylum seekers (asylum hearings, retention, Convention Against Torture)
• Formal Request for Fiscal Discretion (Termination or Administrative Closure)

Fees

We know that money is a major concern for our clients. That is why our Colorado immigration lawyers believe in charging ethical fees. Depending on your case, we charge hourly rates or flat fees.

Additional Immigration Resources

The 4 Biggest Mistakes U.S. Visa Holders Make: All visas have conditions that the visa holder must meet in order to stay in compliance with the law. If those conditions are violated, then the visa holder can face deportation, denial of entry, detention, and violations that stay on your immigration record permanently. Your best bet is to read your visa’s fine print, always err on the side of caution, and don’t commit any of these common mistakes.

Why You Should NOT Hire a Notario in the U.S.: Notario publico sounds a lot like notary public, right? It’s easy to think the two are the same thing, that a notario publico in Mexico or Latin America is the same as a notary public in the United States. But there are actually major differences between the two, and U.S. immigrants should use caution when seeking help with immigration matters from a notary – or someone claiming to be a notario – in the U.S.

5 Reasons Why Green Card Holders Should Naturalize: Becoming a naturalized citizen might not be an easy process – logistically or emotionally – but citizenship comes with many benefits for LPRs.

Let Our Colorado Immigration Lawyers Fight for You

Whether you’re fighting to protect the life you’ve built here, you’re in limbo, or somewhere between your native country and building a life in the U.S., you can count on Robinson & Henry’s Colorado immigration attorneys to help with immigration matters from obtaining visas to avoiding deportation. To schedule a free case assessment call 303-688-0944. Si gustaria hablar con nosotros en Espanol, porfavor llamenos al 720-359-2442.

The post Colorado Immigration Lawyers appeared first on Robinson and Henry.

In recent years, Colorado has adopted a more rehabilitative approach toward people who commit drug-related offenses. However, that doesn’t mean the Centennial State takes these crimes lightly. If anything, drug dealers and illicit drug manufacturers are punished that much more harshly. In some circumstances, drug manufacturing charges could mean decades in prison.

This article takes a look at Colorado’s drug manufacturing laws and what you could be up against if you are caught violating them.

TOC

Defenses to Drug Manufacturing Charges
Consequences for Drug Manufacturing Charges
Which Drugs are Illegal in Colorado
Drug Manufacturing Charges
Manufacturing Fentanyl
Chemical Precursors and Drug Manufacturing Charges

Get a Colorado Criminal Defense Attorney 

A drug manufacturing conviction can be life-altering. You stand to lose your job, your house, custody of your children, and even your freedom. A relentless criminal defense attorney can mean the difference between freedom and decades behind bars. Call 303-688-0944 today to begin your free case assessment. Si gustaria hablar con nosotros en Espanol, porfavor llamenos al 720-359-2442

Defenses to Drug Manufacturing Charges

Colorado courts issue stiff penalties to individuals convicted of manufacturing drugs. If you’re charged with making drugs, you face prison time, hefty fines, mandatory parole in some cases, and the lifelong label of being a felon. That’s why we cannot underscore enough how critical it is to hire a criminal defense attorney who can help you build a strong defense that could get your charges dismissed or reduced.

Let’s take a look at some common defenses to the charge of manufacturing drugs in Colorado.

There are a number of ways to defend a drug manufacturing charge. A good criminal defense attorney will explore every possible defense to get you the best outcome in your case. Please note this is not an exhaustive list of defenses.

Illegal Search and Seizure

Your attorney will review all of the law enforcement records related to your case to ensure the police followed all legal procedures. For instance, did the police obtain the evidence against you legally? Did officers follow the search warrant terms or search your property without probable cause? If not, there may be grounds to have the charges against you dismissed.

Lack of Evidence

Your attorney will also scrutinize the evidence that police have against you to determine whether there is enough to support the charges. If there is insufficient evidence, your charges could be dismissed or changed.

Quantity of Evidence

In Colorado, state law requires that someone has to manufacture a certain quantity of illegal drugs before she or he can be charged with drug manufacturing. Your attorney will review the police’s evidence to determine whether you meet the legal threshold for manufacturing drugs.

The Evidence is Not Yours

Another potential defense is that the seized drugs or equipment to make the drugs do not belong to you. Depending on your circumstances, this may or may not be easy to establish.

Consequences for Drug Manufacturing Charges

Penalties for drug manufacturing charges vary based on the schedule and quantity of the drugs involved. Still, manufacturing drugs is among the most serious crimes you can commit in Colorado, and you will likely face felony charges if arrested.

Penalties for Colorado drug manufacturing time range from as little as six months in county jail and/or a $1,000 fine, to a 32-year prison sentence and up to $1 million in fines.

Colorado Felony Drug Penalties

Level 1 Drug Felony

This is the most serious class of drug charges in Colorado. Penalties range from eight to 32 years in a Colorado state prison. These sentences can also come with $5,000 to $1 million in fines, a $4,500 surcharge, and a three-year mandatory parole period.

However, the minimum prison sentence is raised to 12 years if the case involves aggravating factors during the offense. Aggravating factors are when:

• you were on parole
• you were on probation or bond for another felony
• you were in confinement for a felony
• you committed the crime after you escaped from confinement for a felony

C.R.S. 18-1.3-401.5

Examples of Level 1 Drug Felonies

• Manufacturing or selling more than 225 grams of a Schedule I or Schedule II drug
• Manufacturing or selling more than 112 grams of methamphetamine, heroin, ketamine, or cathinone
• Manufacturing or selling more than 50 grams of flunitrazepam
• Selling Schedule I or Schedule II drugs to a minor, if you are an adult at least two years older than the minor
• Selling more than 2.5 lbs. of marijuana—or more than 1 lb. of marijuana concentrate—to a minor, if you are an adult at least two years older than the minor
• Selling more than 50 lbs. of marijuana, or more than 25 lbs. of marijuana concentrate

Level 2 Drug Felony

Level 2 felony drug charges are punishable by four to eight years in prison and/or fines ranging from $3,000 to $750,000.

In aggravating circumstances, the prison term can range from eight to 16 years.

Here are some examples of Level 2 felony drug charges in Colorado:

• Selling anywhere from more than 14 grams to up to 225 grams of a Schedule I or Schedule II controlled substance
• Selling or distributing materials to manufacture controlled substances
• Possessing materials to make methamphetamine and amphetamine

Level 3 Drug Felony

These drug charges can land you anywhere from two to four years in prison. Additionally, you could get slapped with anywhere from $2,000 to $500,000 in fines.

You may be charged with a Level 3 drug felony in Colorado if you:

• attempt to commit a Level 2 drug felony
• sell no more than 14 grams of Schedule I or Schedule II drugs
• distribute an imitation controlled substance to a minor, if you are an adult who is at least two years older than the minor

Colorado Drug Laws

Colorado’s Uniform Controlled Substances Act (Colo. Rev. Stat. § 18-18-101) was intended to control the illegal manufacture and distribution of substances that may have legitimate medical purposes but are subject to abuse and can have a detrimental effect on users. People v. Frantz, 114 P.3d 34, 35 (Colo. App. 2004)

Before we dive into Colorado’s drug manufacturing laws, let’s take a look at exactly which drugs are illegal in Colorado.

Which Drugs are Illegal in Colorado?

Under federal and state law, controlled substances are divided into five categories called schedules.

According to the Drug Enforcement Administration, drug scheduling is a method of classifying substances based upon their “acceptable medical use” and “potential for dependency or abuse.”

Drug scheduling matters. The penalties for drug manufacturing charges depend largely on the scheduling of the drug.

Schedule I

Schedule I is reserved for drugs deemed most dangerous to Coloradans’ public health and safety. These substances carry a high potential for abuse and have no acceptable medical purpose recognized by state law.

Schedule I drugs include MDMA (ecstasy), heroin, and various hallucinogens, such as:

• LSD
• PCP
• psilocybin (magic mushrooms)
• peyote

Schedule II

While Schedule II drugs come with a high potential for abuse, the drugs do have some accepted medical use. However, abusing these substances can lead to severe psychological and physical dependence.

Schedule II applies to opium and prescription opioid pain pills, such as:

• oxycodone (Oxycontin)
• hydrocodone (Vicodin)
• morphine
• fentanyl
• methadone

Stimulants like cocaine and methamphetamine are also on the Schedule II list.

Schedule III

Drugs in this class have a lower abuse potential than Schedule I or II drugs. While these substances do have a valid medical use, they also have the potential for low to moderate physical dependence and high psychological dependence.

Schedule III drugs include:

• barbiturates
• ketamine
• anabolic steroids
• medications containing small amounts of codeine

Schedule IV

Schedule IV substances have a lower abuse potential than Schedule III drugs, as well as an acceptable medical use. However, psychological and physical dependence is possible.

This class covers prescription anti-anxiety medications such as diazepam (Valium) and non-barbiturate sleep medications such as zolpidem (Ambien).

Schedule V

This class is reserved for the least dangerous drugs with the lowest potential for abuse and accepted medical purposes. Like their Schedule IV counterparts, these substances are likely to lead to only limited physical or psychological dependence.

Schedule V substances include medicines that contain small amounts of certain narcotic drugs. Over-the-counter cough syrups and cold medications containing small amounts of codeine are two examples of Schedule V drugs.

Drug Manufacturing Charges

Drug manufacturing charges are among the more harshly punished drug offenses in Colorado. These laws are aimed mostly at the drug makers and dealers, rather than drug users.

Under Colorado law (C.R.S. § 18-18-405), it is illegal for anyone to knowingly:

• manufacture a controlled substance
• possess a controlled substance with the intent of manufacturing it
• induce, attempt to induce, or conspire with one or more other persons, to manufacture, or possess with intent to manufacture, a controlled substance
• possess one or more chemicals or supplies or equipment with the intent to manufacture a controlled substance

Elements of a Drug Manufacturing Charge

In order for prosecutors to convict you on drug manufacturing charges in the state of Colorado, they must prove that you knowingly and intentionally manufactured the controlled substance.

Under Colorado law, drug manufacturing means:

to produce, prepare, propagate, compound, convert, or process a controlled substance, directly or indirectly, by extraction from substances of natural origin, chemical synthesis, or a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.
C.R.S. § 18-18-102

Manufacturing Fentanyl

In 2022, Colorado Governor Jared Polis signed into law legislation that attempts to prosecute more people who make and sell illicit fentanyl.

According to Common Sense Institute, a non-partisan economic research organization based in Colorado, the state’s fentanyl-related deaths in 2021 nearly doubled from the previous year. More than 800 people died due to fentanyl in Colorado in 2021.

It’s a level 1 drug felony to manufacture more than 50 grams of fentanyl, carfentanil, benzimidazole opiate, or any similar drugs. C.R.S. § 18-18-405 (2)(a)(I)(D)

Chemical Precursors and Drug Manufacturing Charges

Under Colorado law, you are not allowed to possess certain non-prescription drugs with the intent to use them to make methamphetamine, amphetamine, or any other controlled substance. These are called chemical precursors.

Some examples of chemical precursors include:

• ephedrine,
• pseudoephedrine,
• phenylpropanolamine, or
• their salts, isomers, or salts of isomers.

It is perfectly legal to buy and possess these substances if you do not intend to use them for manufacturing meth or other illegal drugs. However, purchasing large quantities of these drugs at a time may give police reason to suspect that you are manufacturing drugs.

Let’s look at one Colorado example.

Colorado Case: Stealing Cold Medicine

In 2000, William Frantz’s wife was arrested in Denver for shoplifting cold medicine. She told police that she and her husband extracted pseudoephedrine from cold medicine tablets by dissolving them in water. Frantz’s wife also said they intended to give the pseudoephedrine to another person in exchange for meth.

Police searched the couple’s home and found a jar of water containing pseudoephedrine. Frantz was then arrested and charged with possession of a Schedule II controlled substance and possession with intent to manufacture a Schedule II controlled substance. He was subsequently convicted of both charges and later appealed.

The Appeal

On appeal, Frantz contended that he was convicted merely for possessing a legal over-the-counter medication. However, a Colorado appeals court pointed to:

“the large quantity of tablets possessed, the fact they were dissolved in a jar of water, and his wife’s statement regarding their purpose. The testimony concerning the condition in which the pseudoephedrine tablets were found, when compared to the usual intended dosage of similar pseudoephedrine products, is sufficient to conclude the multiple pseudoephedrine tablets dropped in water were not in their intended and unconverted form.”

People v. Frantz, 114 P.3d 34, 40 (Colo. App. 2004)

The court upheld Frantz’s conviction.

In this case, prosecutors were able to establish a clear connection between the legal drugs and Frantz’s illicit activity.

Now, let’s look at a Colorado case that went the other way.

Colorado Case: A Fire Breaks Out

In April 1984, Douglas County law enforcement responded to a small fire at a private chemical laboratory. Police noticed various chemicals stored on the premises. Agents from the Drug Enforcement Administration (DEA) and the Colorado Bureau of Investigation were called to the scene. They seized chemicals and equipment, including one-and-a-half pounds of phenylacetoacetonitrile. None of the chemicals seized were controlled substances.

The Owner Arrested & Tried

Scott Noland, the lab’s owner, was arrested and charged with attempted manufacture and possession of a Schedule II controlled substance.

At trial, prosecutors presented expert testimony that phenylacetoacetonitrile can be combined with either sulfuric or phosphoric acid to produce phenyl-2-propanone (P-2-P), which is a Schedule II controlled substance. P-2-P is an intermediate compound that can be combined with methylamine to make methamphetamine.

Both sulfuric and phosphoric acid were seized from the laboratory. However, no P-2-P, methylamine, or methamphetamines were found in the laboratory.

The Conviction

Noland’s defense attorneys argued that phenylacetoacetonitrile can also be combined with ethyl alcohol or methanol to produce phenylacetic acid. Phenylacetic acid is a legitimate compound used to make perfume esters, which Noland maintained was what he made in the laboratory. Agents also seized methanol from the lab.

Still, a Douglas County district court held that Noland took a substantial step toward manufacturing a controlled substance. He was convicted of attempted drug manufacturing charges.

Noland appealed his conviction.

The Appeal

On appeal, Noland argued that the prosecution did not present sufficient evidence to support his conviction beyond a reasonable doubt. A Colorado appeals judge agreed.

The appeals judge stated that even though the prosecution had a witness testify that Noland’s lab had the appearance of an illicit operation, the defendant’s lab was equally consistent with a legitimate one.

“Even with the evidence considered in a light most favorable to the prosecution … there is at most only a mere modicum of evidence the defendant took a substantial step toward manufacture of P-2-P. Consequently, we conclude that the evidence presented at trial was insufficient to support the conviction.”

People v. Noland, 739 P.2d 906, 908 (Colo. App. 1987)

Manufacturing Marijuana

In November 2012, Colorado voters approved Amendment 64 legalizing recreational marijuana possession for adults.

Beyond that, however, Amendment 64 also created tiers of protected activities relating to marijuana. This includes the lawful operation of marijuana-related facilities, which refers to activities associated with the regulated-marijuana business. Some of these activities are protected only for people with certain current, valid licenses.

Keep reading to learn how one Colorado man found this out the hard way.

Colorado Case: An Explosion

In 2015, Austin Lente tried to extract hash oil from a jar of marijuana by injecting butane through a hole in the lid. Unfortunately, the bottom of the jar broke, spilling butane on the floor and setting the laundry room ablaze in Lente’s Colorado Springs home.

Police arrested Lente and charged him with processing or manufacturing marijuana or marijuana concentrate — a level 3 drug felony.

Case Dismissed?

Lente seemed to catch a break when an El Paso County district court dismissed his case. The court reasoned that Lente was protected under Colorado’s Amendment 64, which legalized recreational marijuana.

Prosecutors appealed the court’s ruling, and Lente soon found himself arguing his case before the Colorado Supreme Court.

Colorado’s Highest Court Reverses the Dismissal

Lente admitted he did not have the required licenses to manufacture marijuana. However, he argued that extracting hash oil fell under the protected personal use of processing marijuana plants. Processing marijuana plants for personal use does not require a license under Colorado law.

However, the Colorado Supreme Court ultimately ruled that extracting hash oil from marijuana is a step above mere processing of marijuana. Therefore, it required a license.

The Controlled Substances Act narrowly defines “manufacturing” as “extraction or chemical synthesis,” Associate Justice William Hood wrote in the court’s opinion. Therefore, Hood wrote, “processing” must mean something else:

Because the method of making hash oil at issue here clearly involves extraction, it is manufacturing, not processing, under the CSA… We hold that Amendment 64 does not protect unlicensed hash-oil extraction.

People v. Lente, 2017 CO 74, ¶¶ 22-23, 406 P.3d 829, 833

The Supreme Court overturned the lower court’s ruling.

Get a Criminal Defense Attorney for Drug Charges 

The Colorado criminal justice system is not kind to those facing drug manufacturing charges. Let Robinson & Henry’s Criminal Defense Team help protect your future. We will aggressively advocate for you every step of the way. Call 303-688-0944 today to begin your free case assessment. Si gustaria hablar con nosotros en Espanol, porfavor llamenos al 720-359-2442

The post Fight Drug Manufacturing Charges in Colorado appeared first on Robinson and Henry.

You’ve submitted your immigration petition to the U.S. Citizenship and Immigration Services. You’ve not-so-patiently waited for their response. Then you receive a notice of intent to deny in the mail.

This is disheartening, but it doesn’t have to be the end. Read this article to learn why you might receive a notice of intent to deny (NOID) and how to respond to it.

Did You Receive a Notice of Intent to Deny?

If so, don’t panic. Our immigration attorneys can advise you of your legal options and help you rebut the issues listed in the NOID. Call 303-688-0944 today to begin your free case assessment. Si gustaria hablar con nosotros en Espanol, porfavor llamenos al 720-359-2442.

What is a Notice of Intent to Deny?

A notice of intent to deny (NOID) is exactly what it sounds like. It is a notice from U.S. Citizenship and Immigration Services (USCIS) that your evaluating officer intends to deny your immigration petition.

A notice of intent to deny can follow all types of immigration applications, such as adjustment of status petitions and work permits.

A NOID should:

• identify the reasons for the intended denial, including the eligibility requirements that have not been established, and why the evidence you submitted is insufficient,
• explain the nature of any adverse information,
• identify any missing evidence specifically required by the applicable statute, regulation, or form instructions,
• identify examples of other evidence that you can submit to establish eligibility, and request that evidence.

Why Did I Receive a Notice of Intent to Deny?

You may have received a NOID for any number of reasons. Maybe you didn’t provide sufficient evidence to support your application. Or maybe your evaluating officer noticed inconsistencies in your interview. Or perhaps you are simply ineligible for the immigration benefit you are seeking.

You might also receive a NOID if your evaluating officer has doubts about the legitimacy of your marriage to a U.S. citizen or lawful permanent resident. This is common if you or your spouse were unable to answer basic questions about one another during a USCIS interview. Your evaluating officer may conclude that your marriage is simply one of convenience meant to circumvent U.S. immigration laws.

A NOID is Not an Official Denial

It’s important to keep in mind that a NOID is not an official denial of your green card or immigration petition. It simply means that USCIS has made a preliminary decision that you do not qualify based on the information that you have provided. You will have an opportunity to remedy any issues within a certain time frame.

Nevertheless, supplying additional evidence does not guarantee your petition will be accepted.

How to Respond to a Notice of Intent to Deny

Respond on Time

Time is of the essence when you receive a NOID. You must respond within 30 days of receiving the alert. Make sure that you respond to a Notice of Intent to Deny well within the due date. This is a “hard” deadline.

Understand the Nature of the Notice

Carefully read the list of reasons that USCIS intends to deny your petition. This will give you some insight into USCIS’s decision-making. The list is your jumping-off point for considering your response options on which you can build your case for eligibility.

Respond to Each Issue

Your response must specifically address each issue that was raised in your notice of intent to deny. Partial responses generally will not sway your adjudicator.

Collect Evidence

When it comes to compiling evidence for your NOID response, less is not more. As long as they are relevant, there are no restrictions on the number of documents you can submit to support your application.

For example, you may need to provide documents that relate to previous marriages or qualifications from early on in your education or career.

Update Relevant Documents

In addition to submitting new documents, you may have to revise the documents you already submitted to USCIS.

For example, let’s say you are applying for the E-2 investor visa. You may need to revise different areas of your business plan, such as budgeting and forecasting.

Add a Cover Letter

A cover letter clarifies the content of any new documents you submitted. It also notes any revisions and changes you have made.

What if Your Response is Denied?

Let’s say the worst-case scenario comes true and the USCIS rejects your response to the Notice of Intent to Deny. You will receive a denial letter explaining the reasons for the denial.

You now have two options: appeal or re-apply.

Appeal

You may appeal using Form I-290B, Notice of Appeal or Motion. You will use this form if you think the USCIS made a mistake denying your case.

You must submit your notice of appeal to the office that issued the decision within 30 days from the date of the denial. Note that Form I-290B currently includes a $675 processing fee.

After submitting Form I-290B, you will have 21 days to file a written brief in support of your appeal. The brief should clearly explain why you believe the USCIS made the wrong decision. You should also include new evidence that supports your appeal.

Re-Apply

If you were denied because you were ineligible, your best bet is to wait until enough time has passed and your record is clear. If you believe you can overcome the reason for the denial, you may re-apply later.

We Can Help You Respond to Your NOID

Receiving a notice of intent to deny can be incredibly stressful, especially if your life plans hinge on approval of your immigration petition. If you have received a NOID, the immigration attorneys at Robinson & Henry will help you craft a response that addresses each issue raised by the USCIS. Call 303-688-0944 today to begin your free case assessment. Si gustaria hablar con nosotros en Espanol, porfavor llamenos al 720-359-2442.

The post Responding to a Notice of Intent to Deny (NOID) appeared first on Robinson and Henry.

Advances in medical technology have made it easier for all couples to have children. Meanwhile, state laws have lagged behind. Colorado has taken a huge step forward with recent legislation that is intended to protect the parental rights of individuals who use assisted reproductive technology to create their families. In this article, we’ll discuss how House Bill 22-1153, also called Marlo’s Law, changes adoption for parents of assisted reproductive technology.

Talk to an Assisted Reproductive Technology Attorney 

If you and your spouse or partner are considering using assisted reproductive technology to have a family, our Family Law Team advises that you explore all your legal options to protect your parental rights. Our family law attorneys can go over your specific situation to make sure you’ll always be able to care for and spend time with your child. To set up your free case assessment, call 303-688-0944, o llame al 720-359-2442 para hablar con alguien en Espanol.

What is Assisted Reproductive Technology and Who Uses It? 

Assisted Reproductive Technology, or ART, is any method to become pregnant other than sexual intercourse. ART is used by single individuals and married couples alike who otherwise could not become pregnant or have a child without it. 

Some common methods of Assisted Reproductive Technology include:

• IVF (in-vitro fertilization)
• eg and sperm donation
• genetic surrogacy
• gestational surrogacy
• cryopreserved embryos or gametes

How Marlo’s Law Will Protect Non-Biological Parents

Believe it or not, relying on medical advances and third-party egg and sperm donations to engineer a viable pregnancy used to be the easy part for parents of assisted reproductive technology.

Until recently, Colorado law recognized only naturally-birthed children of a male father and female mother. Because of this, non-biological parents who turned to ART to have a baby could not solely rely on their child’s birth certificate to prove parentage. As such, Colorado lawyers recommended that non-biological parents formally adopt their child born through ART, which created procedural hurdles and added expense. Even then, adoption did not always guarantee those parents full legal protection in future disputes. 

Change was needed. So the Colorado legislature got to work, and on May 23, 2022 Governor Jared Polis put his signature on Marlo’s Law.

The bill is named in honor of its co-sponsor’s daughter. House Majority Leader Daneya Esgar and her wife Heather Palm had their daughter, Marlo, through ART.

What is Marlo’s Law? 

Officially known as the HB22-1153, this legislation modernizes Colorado’s parentage laws to ensure that:

• rightful parents of ART are no longer denied legal recognition,
• their children are not denied legal protection, and
• families are not deprived of the respect and dignity they deserve.

Much of the bill is dedicated to amending existing revised state statutes that define parentage. Essentially, under Marlo’s law, individuals are defined as parents regardless of how their child is born: naturally or through reproductive assistance and confirmatory adoption.

Gender-specific nouns such as mother and father and husband and wife have been eliminated from the statutes for legal and judicial clarity. This is especially important in cases where non-biological parents’ rights are challenged. The changes also will eliminate strict interpretations of mother and father that in the past have led to unconscionable rulings.

Top Aims of Marlo’s Law 

Streamlines Confirmatory Adoptions 

Same-sex couples and other nonbiological parents were once faced with two undesirable choices: navigate the pricey and invasive confirmatory adoption process or take their chances and hope having their name on the child’s birth certificate will offer enough legal protection. 

Marlo’s Law makes confirmatory adoptions as easy as filing a basic petition with the child’s birth certificate listing the intended parents. Courts must certify properly-filed petitions within 30 days.

For nonbiological parents, this means no more:

• home visits and inspections
• affidavits confirming the circumstances of the child’s conception
• fingerprinting or FBI background checks
• in-person adoption hearings
• legal expenses

Eliminates Discrimination 

Parents of assisted reproductive technology, particularly lesbian, gay, bisexual, transgender, and queer couples, faced legal discrimination and other barriers under the old statutes. Marlo’s law ensures all parents who conceive through ART, regardless of gender identity, sexual orientation, or marital status, are eligible for the same rights and protections.

What Prospective ART Parents Must Still Consider 

While Marlo’s Law enables assisted reproduction parents to bypass several hurdles, it still has its limits.

Colorado Law Only

The legal recognition provided extends only to the state lines. Until a similar law is passed at the Federal level, it is wise to talk to a Family Law attorney before relocating to another state and assuming the same rights and protections will move with you.

Donations Must Still be Legally Obtained

If prospective parents do not go through proper avenues to secure an egg, sperm, or embryo donation that results in the birth of their child, Colorado will not recognize the contract between the parents and donor(s). Colorado also will not give legal cover to improper contracts from another state.

The only way to receive a donation and eliminate any legal threat by the donor is to follow the specific medical and legal route set out in state statutes.

Protect Your Parental Rights. Talk with an ART Attorney 

If you are considering assisted reproductive technology to start a family, we encourage you to speak with a family law attorney who specializes in this burgeoning area of law. Our ART attorneys will help you protect your parental rights in the event your relationship does not work out. Call 303-688-0944 to begin your free case assessment. Si gustaria hablar con nosotros en Espanol, porfavor llamenos al 720-359-2442.

The post Adoption Process Eased for Parents of Assisted Reproductive Technology appeared first on Robinson and Henry.

Advances in technology and state law mean that your ability to have and raise a child is no longer limited by infertility, gender, marital status, or sexual preference. You have options. So, whether you’re planning a baby right now or considering having one in the future, here is what you should know about sperm and egg donation in Colorado.

In This Article:

• Colorado Law Supports Sperm and Egg Donation
• Colorado is an ART-Friendly State
• Protect Your Rights if You Use a Sperm or Egg Donor
• IVF Guidelines to Follow
• Surrogacy Guidelines to Follow
• The Confirmation Adoption Process

Connect with an Assisted Reproductive Technology Attorney

If you, by yourself or with a spouse or same-sex partner, are thinking of using assisted reproductive technology to start a family, our Family Law Team encourages you to look at your legal options and safeguard your parental rights. Call 303-588-0944 to begin your free case assessment. Si gustaria hablar con nosotros en Espanol, porfavor llamenos al 720-359-2442.

Colorado Law Supports Sperm and Egg Donation 

Since the birth of the first test tube baby in July of 1978, reproductive science has advanced faster and further than most federal and state laws governing it. Rising success rates with surrogacy and sperm and egg donations have enabled more individuals and couples to have children, but there have been major legal hurdles for some parents to have their legal rights recognized.

Colorado has passed new laws and adjusted existing ones to better reflect modern family-making. Assisted Reproductive Technology or “third-party reproduction” is now recognized as a valid, popular, and legal recourse for starting a family.

What is Assisted Reproductive Technology?

Assisted Reproductive Technology (ART) is any method for causing pregnancy other than sexual intercourse. It is medical science stepping in to help so any couple that wishes to have children can do so, regardless of marital status, sexual preference, or biological ability. Sperm and egg donations are big parts of it.

Types of Assisted Reproductive Technology

In-vitro fertilization or IVF 

IVF is one of the most popular methods of ART and involves sperm and egg donation. In IVF, eggs are removed from the ovaries, fertilized by sperm in a controlled laboratory, and the resulting embryo is then placed back inside the woman’s body to form a pregnancy. Donors can provide sperm, an egg(s), or both.

Sperm donation 

A third party donates healthy reproductive sperm so the intended parent or parents can achieve pregnancy. Depending on the individual’s or couple’s needs, the sperm is used for various types of artificial insemination or IVF. The donor has no rights or responsibility to the resulting child unless he and the woman sign a prior agreement.

Gestational surrogacy 

A woman who carries and delivers a baby for an individual or couple. In gestational surrogacy, eggs are retrieved from the intended mother or a donor and fertilized with sperm from the intended father or a donor. The resulting embryo(s) are transferred to the gestational surrogate.

Genetic “traditional” surrogacy

A woman who will not be an intended parent becomes pregnant with sperm from one partner of the couple or a donor and gives birth to the child. Since this surrogate is using her own egg, she will be the biological mother of the baby until she signs over that right to the intended parent(s). Genetic surrogacy comes with serious legal risks during and after the pregnancy.

Cryopreserved embryos or gametes 

A healthy embryo, or the reproductive sperm and eggs for making one, is preserved in liquid nitrogen at -321º Fahrenheit (-196º Celsius) until they can be added to a controlled process such as those listed above.

Colorado is an ART-Friendly State

Not only does Colorado offer world-class fertility clinics, but its legislature passed meaningful pro-ART laws and statute adjustments in 2021 and 2022.

Key Statutes

In 2016, Colorado Revised Statute § 19-4-106 set forth legal guidelines for married partners intending to become parents through artificial reproductive technology, including sperm and egg donation.

“(1) If, under the supervision of a licensed physician or advanced practice nurse and with the consent of her husband, a wife consents to assisted reproduction with sperm donated by a man not her husband, the husband is treated in law as if he were the natural father of the child thereby conceived.”

The revised statute made the same assertion as above for situations when a ‘wife’ consents to become pregnant with an egg donated by another woman to conceive a child for herself. The ‘wife’ is treated in law as the natural mother of the baby.

The Colorado Surrogacy Agreement Act 

In 2021, the Colorado Surrogacy Agreement Act set forth consistent standards and processes to safeguard the best interest of children born because of a surrogacy agreement. It also protects intended parents, gestational carriers, and traditional surrogates who have entered into agreements that conform with procedures laid out in the Act.

Marlo’s Law 

In May of 2022, HB22-1153, known as “Marlo’s Law,” removed most gender-specific nouns (such as ‘husband’ or ‘father’ and ‘wife’ or ‘mother’) so that Colorado reproduction statutes could apply more consistently and protectively to intended parents who are lesbian, gay, bisexual, transgender, queer, and same-sex couples.

Our article about  Marlo’s Law also discusses how it made confirmatory adoptions of children created through sperm and egg donation much easier than they had been before.

Note: While Colorado is friendly to and supportive of families that use assisted reproductive technology, it is still imperative to follow established guidelines to ensure legal durability.

Let’s also take a moment to be grateful these guidelines now exist and examine how the legal system reacted to assisted reproductive technology when the two first met.

In the Matter of Baby M (1988) 

The United States was awakened to both the possibilities and perils of third-party reproduction in the mid-1980s with the case of “Baby M.”

A wealthy New Jersey couple, William and Elizabeth Stern, agreed to pay Mary Beth Whitehead $10,000 to serve as the couple’s genetic surrogate using Stern’s sperm. Whitehead, a married woman with two children already, agreed to carry the pregnancy to term and relinquish all parental rights, except to be sent occasional photos and letters on the child’s progress in life.

After giving birth, Whitehead became emotionally bonded to the infant girl and tried to break her contract with the Sterns. The incredibly nasty fight that ensued became the nation’s first contested surrogacy case, and it ultimately went before the New Jersey Supreme Court.

An Unsatisfying Decision 

The Court awarded custody of Baby M to the Sterns, but it also voided the surrogacy contract and gave Whitehead parental visitation rights despite tape recordings of Whitehead threatening to kill the baby and take her own life, rather than return Baby M.

The Court heard those tapes. But it took a deeply negative view of the surrogacy contract, calling it  “illegal perhaps, criminal and potentially degrading to women,” among other things.

“The surrogacy contract violates the policy of this State that the rights of natural parents are equal concerning their child, the father’s right no greater than the mother’s. The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.” – In the Matter of Baby M, New Jersey (1988)

Bottom line? State laws weren’t ready for assisted reproductive technology in the 1980s.

Postscript 

Despite the suspicious stance courts and lawmakers took toward surrogacy at the time, the sensational case grabbed the nation’s attention. It gave hope to couples who had the desire but not the biological ability to conceive children on their own. The rates of surrogacy and sperm and egg donation increased.

In 2004 Melissa Stern, who had once been known as “Baby M,” legally severed Whitehead’s parental rights, then filed her own adoption papers to legalize Elizabeth Stern as her rightful mother.

Protect Your Rights if You Use a Sperm or Egg Donor 

While the social and legal landscape around assisted reproduction has grown more welcoming over the years, parental challenges can and do still occur. Therefore, it’s wise to follow recognized legal standards through the process, or even better, go forward with the assistance of an experienced family law attorney.

Whether an intended child is produced by a third party’s sperm, eggs, embryo, or a surrogate womb, Colorado law makes clear that “a parent-child relationship does not exist between a child of assisted reproduction and a third-party donor.” (C.R.S. § § 15-11-120(2)).

IVF (In-vitro fertilization) Guidelines to Follow 

Before you begin the months-long process of IVF, it’s important to understand how to strengthen your legal claim to the child.

Create a Legal Agreement

If the donor is known by one or both intended parents, get an agreement drawn up establishing parentage, signed by all parties, and witnessed by a notary.

Follow State Statutes

Make sure the IVF procedure is conducted by a qualified physician or reputable fertility clinic. It is possible for a woman to inseminate herself with donated sperm, but skipping the professionals negates the statutes as written.

In the Interest of R.C. (Colorado, 1989)

An unmarried woman (E.C.) received a sperm donation via artificial insemination from a known donor (J.R.) who she initially agreed, in writing, to treat as the father. In 1986, the woman gave birth to a son and named him R.C.

Later, the mother was made aware of a Colorado statute eliminating the sperm donor’s right to be recognized as the father. She proceeded to refuse to let J.R. see the baby unless he signed a release of his parental rights. The donor refused, then sued for paternity rights in Denver Juvenile Court.

The juvenile court sided with the mother. The court stated that the statute should govern the dispute, regardless of the prior written agreement between the mother and the sperm donor or the mother’s unmarried status. (The statute specifically references husbands and wives.)

The Sperm Donor Appeals 

J.R. took his argument to the court of appeals, which kicked the case up to the Colorado Supreme Court due to its precedent-setting importance.

The Colorado Supreme Court sided with the donor, reversing the juvenile court’s earlier ruling. It held that since the statute was ambiguous concerning assisted reproduction agreements between a known donor and an unmarried donee, the prior written agreement carried weight.

“Where, however, the unmarried recipient and the known donor at the time of insemination agree that the donor will be the natural father and act accordingly based on an express understanding that he will be treated as the father of any child so conceived, we concur with commentators … that agreement and subsequent conduct are relevant to preserving the donor’s parental rights despite the existence of the statute.” – In Interest of R.C., 53 Colo. 775 P 2d 27 (1989)

Bottom line: The statute is solid, but when the source of the sperm or egg donation is known, getting a signed agreement by all parties before conception is the best way to eliminate the donor as a legal threat to the intended parents.

Surrogacy Guidelines to Follow 

A surrogacy arrangement is when a woman agrees to carry a pregnancy to term for an intended parent or parents. Both gestational and genetic surrogacies are legal in Colorado, providing they follow established standards set by state law. It does not matter if the woman is paid to be a surrogate or if she does it for altruistic reasons.

Thanks to the Colorado Surrogacy Agreement Act, there is a well-defined process intended parents and potential surrogates should follow. It begins with eligibility.

Surrogacy Eligibility Requirements

• Intended parents and surrogates must be over the age of 21
• Surrogates must have already given birth to at least one child
• Intended parents and surrogates must each complete a medical evaluation
• Surrogates must complete a mental health consultation
• Each party must retain legal representation by an attorney licensed in Colorado
• Both parties must enter into a surrogacy agreement
• Intended parents, as well as the surrogate and her spouse, must be a party to the agreement
• At least one of the intended parents or the surrogate must be a Colorado resident, and either the birth or the method of assisted reproduction pursuant to the surrogacy agreement must occur in Colorado
• All parties must sign the agreement in the presence of a notary
• The agreement must be drafted and signed before any medical procedure occurs (other than the medical evaluation)

Creating a Surrogacy Agreement

Setting aside the medical and biological processes, nothing is more crucial than securing and executing a legally binding agreement, which we discuss in more detail below. Also, at this point, whether you’re the intended parent or surrogate, you should have retained an attorney.

The steps of drafting and filing a typical surrogacy agreement:

1. The intended parents’ attorney drafts a legal surrogacy agreement
2. The surrogacy agreement is reviewed by the surrogate’s attorney
3. Once all parties agree to terms, all sign the document
4. After a pregnancy is confirmed, the intended parents’ attorney files a pre-birth parentage action in a Colorado District Court.

A pre-birth parentage action establishes the intended parents as the legal parents once the child has been delivered and eliminates the surrogate from any legal rights or responsibilities to the child.

Terms Covered by a Typical Surrogacy Agreement

The relatively short legal history of assisted reproductive technology makes clear that there are multiple issues to address before the process gets underway. Whether the intended parents and the surrogate have been matched through an agency or already knew each other, the following considerations should go into a surrogacy agreement:

• The parties’ intentions must be clear and in writing.
• What pre-screening shall occur?
• Will any background checks need to be done?
• What kind of releases, such as HIPPA, will be executed?
• What payments will be made, when, and for how much?
• Address any tax issues that could arise.
• Will life insurance be purchased for the surrogate?
• Sort out health insurance issues. Will any party’s provider offer coverage or will independent health coverage need to be purchased for the surrogate?
• What conception and medical instructions will be included?
• Address lifestyle prohibitions, such as smoking, drinking, or physical exertion during pregnancy.
• Address pre-natal care.
• Will the surrogate be restricted from travel during the pregnancy?
• At which hospital will the delivery occur?
• What are the expectations of confidentiality and future contact between the intended parents and the surrogate?
• Sort out the termination of parental rights and birth certificate issues.
• What is the choice of law provision?
• Under what circumstances should abortion or selective reduction occur?
• When would any party be considered in breach of contract?
• Whether and how to address constitutional rights and waivers in the agreement.
• Address how any future disputes shall be resolved.

Since the interests of both the intended parents and the gestational or genetic surrogate must be fully considered, it is necessary for each side to be represented by their own attorney.

The Confirmation Adoption Process 

Thanks to the passage of Marlo’s Law, and no matter if the child was produced by in-vitro fertilization or surrogacy, the intended parents can easily confirm the child’s adoption by filing a simple form in district court.

The court has 30 days to approve a properly filed petition, which should include the birth certificate with the intended parents’ names on it.

How a Family Law Attorney Can Help 

Having compassionate counsel will prove invaluable beyond the necessity of a surrogacy agreement. No matter what form of assisted reproductive technology you and your partner are considering, an experienced family law attorney can help everything go smoother in the following ways:

• Provide referrals to qualified fertility clinics, surrogacy agencies, and egg donation agencies
• Identify appropriate gestational surrogates through agency referrals or other connections
• Draft comprehensive contracts to protect your rights in surrogacy-related cases, and also in egg, embryo, and sperm donation situations
• Offer informative and insightful consultations to cover all your options, while addressing issues you and/or your partner might not have considered
• Assist with communication during gestation, evaluate a surrogate’s ability to detach from the child prior to matching, and give advice on matters such as abortion or selective reduction
• Expedite the child’s birth certificate and, if necessary, a United States passport so that international clients can return to their country without unnecessary delay following the child’s birth in Colorado.

Protect Your Parental Rights 

If you are considering assisted reproductive technology to start a family, we encourage you to speak with a family law attorney who specializes in this burgeoning area of law. Our ART attorneys can also help ensure your parental rights in the event your relationship does not work out. Call (303) 588-0944 to begin your free case assessment. Si gustaria hablar con nosotros en Espanol, porfavor llamenos al 720-359-2442.

The post What Hopeful Parents Should Know About Sperm and Egg Donation in Colorado appeared first on Robinson and Henry.

There are many ways to legally enter the United States, but as any foreign visitor knows, there is only one way to stay as long as you want: a green card. Each year, thousands of immigrants obtain lawful permanent resident status by meeting certain criteria and filing the right paperwork, starting with Form I-485. So can you. In this article, we discuss the steps to get a United States green card.

In This Guide:

• What is Form I-485?
• Who is Eligible to Apply for a Green Card?
• Most Common Paths to Get a U.S. Green Card
• Family-Based Green Cards
• Employment-Based Green Cards
• Special Circumstances Green Cards
• Filing Form I-485: What to Know
• Supporting Documents for I-485
• Where to Submit or Mail Form I-485
• Next Steps and Processing Time

Need a Green Card? Our Attorneys Can Make It Easier.

If getting a green card is important to you, don’t take any chances you don’t have to. We can help. Our immigration attorneys work with the United States Citizenship and Immigration Service (USCIS) every day. Our Immigration Team will do all it can to ensure a smooth process. Call 303-688-0944 to begin your free case assessment. Si gustaria hablar con nosotros en Espanol, porfavor llamenos al 720-359-2442.

What is Form I-485?

Form I-485 is the official document every immigrant must file with USCIS to get a green card. The form is officially known as the Application to Register Permanent Residence or Adjust Status.

Even if you have been sponsored by an employer or a United States family member, you cannot get a green card without filling out form I-485, submitting it with supporting documents, and satisfying USCIS inspection throughout the process.

If you are in the U.S. as an immigrant spouse or relative, you can file form I-485 with your sponsor’s I-130 at the same time. This is known as concurrent filing.

If you are an immigrant spouse who has been married to your U.S. sponsor for less than two years, you must file form I-485 to get Conditional Permanent Residence and then file Form I-751 with your spouse before the conditional green card expires.

Who is Eligible to Apply for a Green Card?

As a rule, the applicant should already be lawfully present in the United States at the time of filing. Lawfully present means the applicant has either passed through customs with a valid and inspected non-immigrant visa or is sponsored by a U.S.-based relative or employer.

There are plenty of pathways a qualified applicant can take. The USCIS defines seven main categories of green card eligibility, then breaks them down into 27 more subcategories. We’ll delve into some of the most common types of green card applicants in this article.

Who is Not Eligible to Apply for a Green Card?

The process of getting a green card is detailed and intentional by design. In other words, you cannot apply for one just because you happen to be in the U.S. or happen to have family here. Convicted criminals and members of terrorist organizations are barred from the process.

You cannot file form I-485 if you fall under any of these categories:

• you entered the U.S. as a crew member aboard an international flight or shipping vessel
• you’re passing through the U.S. in transit to another country
• you’re not in the U.S. but have family here
• you’ve been brought to the U.S. as a witness or informant
• you’re in the process of removal proceedings due to terrorism

You also cannot file for a green card under any grounds of “inadmissibility,” including:

• a serious mental health condition
• a disqualifying communicable disease
• a criminal record including past convictions
• the U.S. considers you a national security risk
• you lack means of support without government assistance
• you’ve previously violated immigration laws
• other grounds based on unsavory or illegal behavior, such as child abduction, voting unlawfully, running a fraudulent business, practicing polygamy, etc.

If you want a green card but worry you would fall into an inadmissibility category, it might be possible to obtain a waiver and resolve the issue. If you’re thinking of filing such a waiver, it’s important to have a lawyer’s help.

Most Common Paths to Get a U.S. Green Card 

Whether you are applying for lawful permanent residence or petitioning for someone who will, it’s important to understand the category under which you’re filing. The necessity to submit form I-485 is one thing every green card applicant will have in common. After that, the specific steps and processing times vary depending on which path you take.

We will discuss form I-485, its supporting documents, and the process later in this guide. It’s important to understand that obtaining a green card or visa under certain categories could involve additional documents, waivers, and processes not covered here.

While the law does not require you to hire an attorney to get a green card, we strongly recommend you seek an immigrant attorney’s advice due to the complex nature of the process.

Family-Based Green Cards

While the USCIS places a yearly quota on many types of green cards it can issue, no such limits exist for spouses and immediate family members of U.S. citizens or lawful permanent residents. This makes it the most sought-after and most available category of green cards.

Immediate family members who meet this special category include:

• spouses of citizens and green card holders
• children (21 and under) of citizens and green card holders
• parents of U.S. citizens over the age of 21

In each case, the U.S. citizen sponsor must file Form I-130 petition asking the USCIS to make a visa available for the family member. It can take six to 12 months to process the petition. If it gets approved, the immigrant spouse or family member can enter the U.S. and use Form I-485 to apply for a green card.

Concurrent Filing 

If the foreign spouse is already in the U.S., the I-130 petition and the spouse’s I-485 can be submitted and processed at the same time. This is known as concurrent filing, and it is quite common. If the couple has been married for more than two years, the spouse will receive a permanent green card once their application is approved.

Conditional Status

If the couple has been married for less than two years, the immigrant spouse must still file form I-485. If it is approved, the spouse will receive Conditional Resident Status or what is known as a temporary green card.

The couple must remove the conditional status on the immigrant spouse’s green card by submitting form I-751, Petition to Remove Conditional Status within a 90-day window before the temporary green card expires.

If you have more questions about how to upgrade from a temporary to a permanent green card, read our legal guide.

Other Relatives

Other family members can be sponsored to come and stay in the United States, but any I-130 petition filed on their behalf will take longer to process – sometimes much, much longer. This is because non-immediate family members’ petitions are limited by annual quotas, and several countries already have very long queues waiting for approval.

Relatives termed preferred relative visas by USCIS, include:

• unmarried children (21 and older) of a U.S. citizen or green card holder
• married children of a U.S. citizen
• brothers and sisters of a U.S. citizen, if the citizen is 21 or older.

Fiancés 

A U.S. citizen who is engaged to marry an immigrant must file Form I-129F. The approval could take five to 10 months. Once it’s approved, the fiancé will receive a notice to begin filing for a K-1 visa at a U.S. embassy or consulate office in their home country.

Anyone who enters the U.S. on a K-1 visa must marry the petitioning spouse within 90 days and then file form I-485 to obtain conditional resident status.

Children of a fiancé must also be petitioned individually by the U.S. sponsor with Form I-129F if they will enter the U.S. with their parent. Children of immigrant fiancés receive K-2 visas.

Widows and Widowers 

Widows and widowers of U.S. citizens receive immediate family member priority from USCIS, even if their U.S. sponsor passes away. However, the sponsor must have filed the I-130 petition before they died, or the overseas spouse must file it within two years of the sponsor’s passing.

Employment-Based Green Cards

After marriage and family sponsorships, the second-most used pathway to a green card is through an immigrant’s profession or expertise. Most – but not all – employment-based visas still require a United States sponsor, but in most cases, that sponsor will be a company, agency, or university instead of an individual.

Employment visas are divided into five groups. They are:

• EB-1, Priority Workers: These are foreign nationals with extraordinary abilities and achievement in the arts, sciences, athletics, education, and business. They are among the best in their fields and can petition for their own visas. These can include celebrity entertainers, professional and Olympic athletes, Nobel Prize winners, outstanding professors and researchers, and CEOs, executives, and managers of international organizations.
• EB-2, Second Preference Workers: These are highly skilled professionals who qualify for the N1-B National Interest Waiver, meaning they do not require a U.S. sponsor and can petition for their own visas. They hold advanced degrees and/or have shown exceptional ability in the fields of education, business, health, science, technology, or culture.
• EB-3, Skilled Workers: This is the most common type of employment-based visa who can apply for a green card. This covers all professionals, skilled, and even unskilled workers who have been offered jobs in the U.S. and are sponsored by their employers. These immigrants must be able to prove that they are qualified to do the jobs they’re coming to the U.S. to perform.
• EB-4, National Interest Waiver Doctor: This visa is for foreign physicians who have agreed to work full-time at clinical practice in a designated underserved area for a certain period, and who meets other eligibility requirements.
• EB-5, Immigrant Investor: Instead of coming to the U.S. to perform jobs, investors with EB-5 status are tasked with creating them. An immigrant investor must prove that they have invested or will invest $1,050,000 USD (or $800,000 in targeted employment or infrastructure projects) in a new enterprise that will create at least 10 full-time positions for qualifying U.S. workers.

Important Note to Immigrant Investors:  You may only receive conditional residence status after filing form I-485. In order to gain lawful permanent residence status, you should file form I-829 before your temporary green card expires.

Special Circumstances Green Cards

The USCIS recognizes that many types of immigrants deserve an opportunity to live and work in the United States even if they do not meet the criteria of a family- or employment-based visa. These can include:

• religious workers
• Panama Canal Company or Canal Zone government workers
• Afghani and Iraqi translators and contractors who aided and assisted the U.S. during conflicts in Afghanistan and Iraq, and especially those who could be in danger because of it
• international broadcasters with the United States Agency for Global Media (USAGM)
• retired officers or relatives of officers who served in international organizations such as NATO

Humanitarian Green Cards 

Foreign nationals enduring compelling humanitarian situations can be paroled into the U.S. on special visas granted by the Department of State (DOS) on a case-by-case basis.

These can include:

• victims of human trafficking and violence
• juvenile immigrants needing protection from abuse
• spouses and children under the Violence Against Women Act can self-petition for green cards without their abuser’s consent or knowledge

Refugees who are unable or unwilling to return to their home country for fear of persecution, death, or unlawful detainment can also apply for a humanitarian green card. This immigrant must gain official refugee status and live in the U.S. for one year before filing for a green card.

Asylum seekers may also seek this type of green card if they can prove a well-founded fear of persecution if they are forced to return to their home country. An immigrant who wins asylum can apply for a green card after residing in the U.S. for a year.

We should note that humanitarian parole is an extraordinary measure reserved for those who truly need it. Humanitarian green cards cannot be used to circumvent normal visa-issuing procedures.

The Diversity Visa Lottery Program 

Every year, the U.S. makes 50,000 to 55,000 visas available to randomly selected people from countries that do not send many immigrants. This is a way to increase the diversity of immigrants in the U.S. and to allow people who otherwise wouldn’t come to the U.S. to enter the country and stay.

All it takes is filling out a simple form online. It costs nothing. A prospective immigrant can enter the diversity green card lottery every year, from early October through early November. Winners are selected at random by a computer and they and their immediate families receive green cards.

Filing Form I-485: What to Know

Once you have gained lawful entry into the United States and have met the eligibility requirements, you are ready to file Form I-485 to apply for a green card.

Whether this green card will be conditional (temporary) or permanent, you must submit the form with the supporting documents in an application package.

Completing and Filing the Paperwork

Form I-485 can be downloaded from the USCIS website. It is important to completely fill out the form. If a particular question or information space does not apply to your situation, write “N/A” in the space. Do not leave any space blank. Doing so could cause the USCIS employee who is reviewing your file to suspect you overlooked or ignored an important question. An incomplete form can be grounds to reject your petition.

Once the form is completed, gather all the supporting documents and place them neatly with the I-485. It is crucial that you make copies of every piece of paper, front and back, that goes into the application package. Send the copies with the application package and keep the originals.

The USCIS can make mistakes or misplace important documents. It is important to keep the original documents on hand just in case something is misplaced or you believe the USCIS made a mistake on your petition.

The Filing Fee 

It costs $1,225 to file Form I-485, even if it’s only for conditional resident status.

The filing fee includes the cost of processing biometrics, which the USCIS will request later in the process.

The fee can be paid with a money order, personal check, or cashier’s check. Do not send cash.

Exceptions to the Filing Fee

For most applicants aged 14 to 79, the fee will be $1,225 USD. Refugees who have won valid status do not have to pay the fee. Young children under the age of 14 who are filing with at least one parent can get processed for a lower fee of $750.

Supporting Documents for I-485

Supporting evidence, with documentation, backs up your claim that you are eligible for a green card. These documents should prove the applicant has a valid sponsor, and that a legitimate relationship exists between the applicant and sponsor.

Some green card categories require additional documentation, but most I-485 applications require the following:

• Proof of Lawful Entry: A copy of the applicant’s visa and I-94 travel record should be attached as evidence that they did not enter the U.S. illegally.
• Proof of Nationality: This requires a copy of the applicant’s home country birth certificate and foreign passport, as well as English translations of the key documents.
• Affidavit of Support, Form I-864: The USCIS Affidavit of Support is proof of either the applicant’s or sponsor’s financial ability to support the applicant. This should include recent federal income tax returns, bank statements and recent pay stubs.
• Proof of No Criminal Record: If the applicant has ever been arrested or charged with a crime, but not convicted, it is important to add proof with a certified copy of the court record, with English translation if necessary. There is no need for this if the applicant has never been arrested or charged with a crime.
• Medical Examination Results: Before filing Form I-485, find a USCIS-approved physician in your area and get a thorough medical examination to prove good health and a lack of communicable disease.

Note: Foreign documents require certified English translation. Many sites online offer this service for a small fee. Your own hand-written translation will not suffice.

Where to Submit or Mail Form I-485

It is important, first, to file the green card application package with a valid United States return address to make sure the USCIS knows where to send the receipt notice and other correspondence.

If you intend to change addresses during the process, or if it becomes necessary, it is imperative that you notify the USCIS by filing Form AR-11, Alien’s Change of Address Card within 10 days of the change.

Where to send or submit the application package depends on a variety of factors, including the category under which you are applying for a green card and your location. Fortunately, the USCIS has a detailed and useful chart you can consult beforehand.

Next Steps and Processing Time

How long does it take to get approved? That depends on many factors beyond your or the USCIS’ control. Generally speaking, though, it can take a few months to a few years for processing.

As a rule, times vary depending on how you’re applying for the green card, the location of the USCIS processing center, and the backlog of petitions.

The next steps after filing Form I-485 include:

1. Notice of Receipt (2-4 weeks after filing): The USCIS will mail the applicant a form notifying them that their I-485 package was received. This form will include your receipt number, which you can use to check the status of the application online.
2. Biometrics Appointment (4-6 weeks after filing): The USCIS will have scheduled an appointment for the applicant to submit signatures, photographs, fingerprints, and other biological data that can be used to verify identity and run background checks. This notice should include the day, time, and location where the appointment will take place.
3. Notice of Interview (4-12 months): Once again, the USCIS will set the appointment, and will want to ask the applicant questions from the I-485 application submitted. This is to ensure the consistency and accuracy of the information you submitted. It is a good idea to bring all original documents that were submitted (as copies) with the I-485 application, passports, I-94s, and travel documents.
4. Receive Permanent Residence (12 months to 4 years): After your interview, the USCIS will send you a written notice of its decision. If you are approved, you will soon receive your green card in the mail.

If your application is denied, the decision notice will explain why and whether you can appeal the decision or not. Even if it says that you cannot appeal the decision, you still have options. At this point, it would be best to seek the assistance of an immigration attorney.

Don’t Risk Denial. We Can Help 

Our attorneys can guide you through the immigration process from start to finish. Whether you’re sponsoring a relative, processing a green card, or appealing an unsatisfactory USCIS decision, it always helps to have legal representation or at least some good advice. Call 720-588-9682 for your free case assessment, o llame al 720-359-2442 para hablar con alguien en Espanol.

The post How to Get a United States Green Card appeared first on Robinson and Henry.

In Colorado, individuals may seek a civil protection order that prohibits another person from having any indirect or direct contact with them. Civil protection orders, also called restraining orders, are available to anyone who reasonably believes they are in danger. That danger could come from a former romantic partner, a disgruntled business associate, or a volatile neighbor.

Whether you are the person seeking protection or the one being restrained, it’s important to understand the requirements and proper procedures for obtaining a civil protection order or no-contact order. Read this article to get a better understanding.

Talk to an Attorney About Getting a Civil Protection Order

A civil protection order can keep a tense situation from escalating beyond your control. The attorneys at Robinson & Henry have extensive experience with successfully filing restraining orders, disputing unjust protective orders, and fighting protection order violations. Call 303-688-0944 today to begin your free case assessment. Si gustaria hablar con nosotros en Espanol, porfavor llamenos al 720-359-2442.

What is a No‐Contact Order?

A no-contact agreement is a binding contract between two parties — often the plaintiff and defendant in a criminal case involving domestic violence, sexual assault, harassment, or stalking.

This agreement stays in effect for the duration of the criminal case, or until the victim asks the court to lift it. This can only happen once it has been approved by the district attorney and the judge handling the case.

A restraining order is dismissed in its entirety as soon as the court approves a no-contact agreement. Although a no-contact agreement is typically reciprocal in nature, it may also be one-sided in certain situations.

What Does a No-Contact Order Prevent?

If you obtain a no-contact order against someone, they can be prohibited from contacting you through:

• calling
• emails
• texting
• writing letters
• communicating indirectly through a third party, such as a family member or friend
• physical contact

What is a Civil Protection Order?

People who fear for their safety can request a civil protection order from the court. A civil protection order, also known as a restraining order, is a court order that protects one person by prohibiting another person from committing certain acts.

In a civil case, the person seeking the protective order is the petitioner. The person who is being restrained is the respondent.

A Colorado court can authorize a civil protection order under the following circumstances in order to prevent:

• assaults and threatened bodily harm
• domestic abuse
• emotional abuse of the elderly or of an at-risk adult
• sexual assault or abuse
• stalking

Colo. Revised Statutes § 13-14-104.5

Do I Have to Involve the Police to Get a Civil Protection Order?

No, not necessarily. You can file for a civil protection order even if the respondent has never been arrested or charged with a crime.

How Do I Get a Civil Protection Order?

Step One: Submit a Request for a Civil Protection Order

You’ll submit form JDF 398 – Temporary Civil Protection Order to start the civil protection order process. Once you have filed for your civil protection order, the court will set a temporary protection order (TPO) hearing as soon as possible. The opposing party does not need to be physically present at the TPO hearing.

Step Two: Attend a Temporary Protection Order Hearing

At the temporary protection order hearing, the judge will review your civil protection order application and determine whether your life and/or health are in imminent danger. If the judge finds that you are in immediate danger, the court will issue a temporary protection order.

If the TPO is granted, the judge will set a permanent protection order hearing — within 14 days — for both you and the respondent to appear in court. This hearing is where the judge will decide whether the temporary civil protection order should become permanent.

Step Three: Have the Respondent Served

So you have successfully obtained a temporary protection order. It is now your responsibility to ensure the respondent receives a copy of the temporary civil protection order and the citation. You may have to pay for certified copies to be served on the respondent if the court determines the TRO is not to prevent domestic violence, domestic assault, sexual assault, or stalking.

A copy of the TPO may be served by anyone who is:

• at least 18 years old
• unaffiliated with the case
• understands the rules for proper service

You can also serve the respondent through the sheriff’s office in the jurisdiction where the respondent lives or through a process server.

The Cost of Having a TPO Served

State law allows sheriff’s offices to charge a fee to serve civil restraining orders. The maximum amount the sheriff’s department can charge you is $35. Some sheriff’s offices also charge mileage for the service. C.R.S. § 30-1-104 

The price to use a private process server varies between companies. Their fees are often based on how quickly you need someone to be served, how many attempts it takes to serve the orders, and how far the process server must travel to serve the papers. While it’s not always the case, you should expect the service fee of a process server to exceed the sheriff’s office.

More Civil Protection Order Tips

Always keep a copy of the order with you. Additionally, you should:

• leave a copy of the TPO at any place from which the respondent is restrained. (i.e., your job or your child’s school)
• take a copy to your local police or sheriff’s department.
• keep a second copy with you until the respondent is served.

Step Four: Attend the Permanent Protection Order Hearing

At the permanent protection order (PPO) hearing, the respondent has an opportunity to present his or her side of the story. If you (the petitioner) do not show up for the hearing, the temporary order will be dropped.

What to Bring to Your Permanent Protection Order Hearing

If you have physical evidence — such as photos of injuries or damaged property, medical records, or police reports — you should bring these to the permanent protection orders hearing.

If you have witnesses who have seen your injuries or observed past arguments, you should ask them to attend the hearing.

When Does a Temporary Civil Protection Order Become Permanent?

If the respondent fails to show up to the hearing, the temporary civil protection order is converted to a permanent order without further notice. Additionally, a warrant may be issued for the respondent’s arrest. C.R.S. § 13-14-104.5(9)

After hearing all testimony and evidence, the court will determine whether the civil protection order should become permanent. The judge could decide to continue the temporary protection order and delay the permanent protection order hearing for up to a year.

A temporary civil protection order will become permanent if a judge finds:

• that the respondent committed the acts that led to the TPO being granted; and
• the respondent will continue the conduct if there is no PPO.

Denver Civil Protection Order Case: Abukar v. Ige

In 2015, Yusuf Ige filed for a civil protection order against acquaintance Mohamed Abukar. A Denver County court granted a temporary protection order at the initial hearing, which Abukar did not attend.

Both men attended the permanent orders hearing the following month.

The PPO Hearing

Ige testified that Abukar had repeatedly threatened to kill him due to a potential history of violence between the two men’s families in their home country of Somalia. Ige told the court that the threats left him unable to sleep and caused a great amount of stress for his family.

Abukar argued that these accusations were part of Ige’s ongoing efforts to blackmail him in relation to a child custody case. However, the judge found that Ige had established a “chronic pattern of threats” that justified making the order permanent:

“There’s been a long history here of you making credible threats to him. You have threatened his life. … I actually believe that unless I make this restraining order permanent, you’re going to continue.”

Abukar v. Ige, 2016 Colo. Dist. LEXIS 437, *7-8

Abukar appealed the judge’s decision, but a Denver district court upheld the ruling.

Civil Protection Orders vs. No-Contact Orders

Both civil protection orders and no-contact orders prohibit each party from coming within a certain specified distance of the other party. This includes their home, place of employment, school, and other locations they frequent.

Both types of orders also forbid any contact via text, phone, social media, or email.

So, What’s the Difference?

Enforcement and Penalties

The major differences between a civil protection order and a no-contact agreement pertain to enforcement and penalties.

Violating a protection order can result in either an arrest or a citation.

With a no-contact agreement, you only call the police if a criminal law has been violated. Otherwise, you will need to file a contempt citation. The restrained party then will be brought to court where a hearing will be set. The violator may face up to six months in jail and be ordered to pay your attorney fees and court costs.

Contact an Attorney Today About a Civil Protection Order 

Whether you are seeking a civil protection order or defending yourself against one, you need the R&H Litigation Team on your side. Call 303-688-0944 today to begin your free case assessment. If you would like to speak with us in Spanish, please call 720-359-2442. Si gustaria hablar con nosotros en Espanol, porfavor llamenos al 720-359-2442.

The post How to Get a Civil Protection Order or No-Contact Agreement appeared first on Robinson and Henry.

Colorado legislators are hopeful that a new law targeting fentanyl dealers will help confront what has been characterized as a growing crisis in the Centennial State. The law, also known as the “Fentanyl Accountability and Prevention” bill, was signed in May 2022 by Gov. Jared Polis and takes effect July 1, 2022. This article provides an overview of House Bill 22-1326 and what’s at stake for you if you are facing fentanyl charges.

Are You Facing Fentanyl Charges?

The laws surrounding fentanyl are constantly in flux. Fortunately, it’s the job of Robinson & Henry’s Criminal Defense Team to stay abreast of these laws. If you are facing fentanyl charges, you need our help. Call 303-688-0944 today to begin your free case assessment. Si gustaria hablar con nosotros en Espanol, porfavor llamenos al 720-359-2442.

Fentanyl Background: A Grim Reality

In February 2022, five people were found dead of suspected fentanyl overdoses in a Commerce City apartment. Authorities believe the victims likely never even knew they had ingested fentanyl, a powerful synthetic opioid that is 50 to 100 times more potent than morphine.

Drug traffickers often mix fentanyl into other street drugs like heroin, cocaine, and methamphetamine. This is because fentanyl is cheaper to manufacture and a small amount goes a long way, according to a report from the CU Boulder Division of Student Affairs’ Health and Wellness Services.

The Commerce City tragedy underscored a grim reality for many Coloradans whose communities have been ravaged by the lethal drug. According to Common Sense Institute, a non-partisan economic research organization based in Colorado, the state’s fentanyl-related deaths in 2021 nearly doubled from the previous year.

More than 800 Coloradans died due to fentanyl in 2021.

Fentanyl Possession is a Felony in Colorado

Until now, it was a misdemeanor in Colorado to possess no more than 4 grams of most schedule I and schedule II controlled substances, such as heroin and Oxycontin. The new fentanyl bill, HB-1326, creates an exception for fentanyl charges. You could be charged with a Level 4 drug felony if you are caught possessing more than one gram of a substance that contains fentanyl.

Fentanyl Compounds & Fentanyl-Like Substances

This law also applies to carfentanil, fentanyl compounds, and other fentanyl analogs.

Fentanyl analogs are drugs that are chemically similar to fentanyl. A fentanyl compound is a drug mixture with any amount of fentanyl in it. For instance, 4 grams of heroin combined with a few milligrams of fentanyl will be considered a fentanyl compound, the Colorado Sun reported in May 2022.

Penalties for Fentanyl Possession

If convicted of these fentanyl charges, you could spend up to 180 days in jail and up to two years on probation. After your third or subsequent conviction, the sentence will go up to 364 days in jail.

When Fentanyl Possession is a Misdemeanor

Possessing 1 gram or less of fentanyl or a fentanyl compound remains a Level 1 drug misdemeanor. However, four or more convictions for possessing 1 gram or less of fentanyl or a fentanyl compound could result in Level 4 drug felony charges.

Prison sentences for these fentanyl charges range from six months to two years.

Conviction Reduction with Drug Treatment

You can have your Level 4 drug felony conviction reduced to a misdemeanor if you complete drug treatment. You can also have your criminal record sealed a few years after completing your sentence or probation.

Possession with Intent to Distribute

The fentanyl law also attempts to crack down on fentanyl dealers by increasing the penalties for possessing the drug with the intent to distribute it. This is a very serious charge. A resulting conviction could land you many years in prison.

• Possessing between four and 50 grams of fentanyl, or a fentanyl compound, with an intent to distribute is a Level 2 drug felony punishable by a prison term of four to 16 years.
• Possessing more than 50 grams of a fentanyl compound with an intent to distribute is a Level 1 drug felony punishable by up to 32 years in prison.

Other Level 1 Felony Fentanyl Charges

You could also face Level 1 drug felony charges if:

• the fentanyl you sold caused someone’s death
• the drugs originated from outside Colorado
• you possessed a pill press or other manufacturing equipment

Fentanyl Manufacturing and Distribution

The bill makes the unlawful distribution, manufacturing, dispensing, or sale of a material, compound, mixture, or preparation containing fentanyl, carfentanil, or an analog thereof:

• a level 1 drug felony if it weighs more than 50 grams
• a level 2 drug felony if it weighs more than 4 grams, but not more than 50 grams
• a level 3 drug felony if it weighs 4 grams or less

Distribution Resulting in Death

At the time of the Commerce City incident, no legal recourse existed at the state level to punish the dealers who supplied the deadly substance. While federal prosecutors could charge people with “distribution resulting in death,” Colorado prosecutors could not.

Under this new fentanyl law, drug dealers could face Level 1 felony drug charges if they sold the fentanyl that led to someone’s death.

Level 1 felony drug charges carry stiff fines and the possibility of 32 years in prison.

What if I didn’t know I sold fentanyl?

This is perhaps the most pressing question. You can be charged with a felony even if you did not know you were possessing or selling fentanyl.

However, you can use your ignorance as an affirmative defense. This requires admitting that you are guilty of possessing or selling illicit drugs. You would need to provide evidence showing you did not know the drugs contained fentanyl.

If a jury believes your story, your drug charge could be reduced from a felony to a misdemeanor.

Bystander and Treatment Provisions 

Acting as a Good Samaritan

HB 1326 includes a “Good Samaritan” clause. Let’s say you gave another person fentanyl — intentionally or not — and that person overdoses. Instead of fleeing, you call 911, stay on the scene, and cooperate with first responders or law enforcement. You would then face lesser than a felony 1 drug charge — even if the recipient dies.

The Treatment Side

Anyone convicted of fentanyl charges in Colorado will have to undergo a substance use assessment and, if appropriate, treatment. They will also have to take a fentanyl education program developed by the state.

The law also will require that some people jailed on fentanyl charges are released with naloxone, an opioid reversal drug, or a prescription for other medication to help with opioid-use disorders, the Colorado Sun reported.

County jails will also receive money to help provide medication-assisted treatment to their inmates.

Let Us Help You Fight Fentanyl Charges

HB 1326 ups the ante for Coloradans charged with fentanyl-related crimes. You could face more than three decades in prison if you are caught selling fentanyl, even if you were not aware you were doing so. The R&H Criminal Defense Team will advise you of your rights, assess the facts of your case, and fight for your best possible outcome. Call 303-688-0944 today to begin your free case assessment, o llame al 720-359-2442 para hablar con alguien en Espanol.

The post Fentanyl Charges appeared first on Robinson and Henry.

When you enter a business relationship with another party, you draw up one or more contracts to outline and regulate that partnership. That’s just prudent. It goes without saying that both you and your new business partner should have a reasonable expectation of cooperation and mutual benefit; an unwritten understanding that goes beyond the letter of any contract you signed. This is called the implied duty of good faith and fair dealing.

Talk to a Business Litigation Attorney

If you are entering a business agreement, or even if you’re already part of one, it’s best to know exactly where you stand, especially in situations not expressly covered in your contract. Robinson and Henry’s civil litigation team understands the implied duty of good faith and fair dealing and when a violation warrants action. An experienced Colorado litigation attorney can review your specific circumstances and make sure you’re treated fairly. Call us at 303-688-0944 to set up your free case assessment.

What is the Implied Duty of Good Faith and Fair Dealing? 

It is widely understood in the business world that every contract carries an implied duty of good faith and fair dealing. This is the reasonable assumption that the parties to an agreement will act with honesty and fairness toward each other so both can reap the benefits of their arrangement.

This duty requires that neither party make decisions or take actions that could hinder or injure the right of the other to receive the benefits of the contract.

Colorado, like most jurisdictions, recognizes the implied duty of good faith and fair dealing:

“Each party to a contract has a justified expectation that the other will act in a reasonable manner in its performance. When one party uses discretion conferred by the contract to act dishonestly or to act outside of accepted commercial practices to deprive the other party of the benefit of the contract, the contract is breached.”  Wells Fargo Realty Advisors Funding v. Uioli, Inc., Jan. 1994

Let’s take a closer look at some key terms:

Implied Duty

Even if a contract does not explicitly require one party to cooperate, or to refrain from interfering with the other, the implied duty of good faith still guides both ends of the business relationship.

Breaching the Implied Duty

A party can be found in breach of the implied duty of good faith and fair dealing if their conduct is shown to obstruct, undermine, or work in opposition to the other party’s ability to fulfill, or profit from, its performance of the contract.

Since implied duty has no specific definition, the courts have the discretion to determine its scope. When a court weighs whether the duty of good faith and fair dealing has been violated, it must analyze the facts and decide what is fair under the circumstances. This is done on a case-by-case basis.

Good Faith 

Good faith can be defined as honesty in a person’s conduct during an agreement. The obligation to perform in good faith holds up even if the charter expressly allows either party to terminate the contract for any reason.

A basic example of conduct that demonstrates good faith is when a person enters a contract that they are certain they will be able to fulfill.

Fair Dealing 

Fair dealing goes beyond just honesty. It means adhering to the spirit of the bargain and not conducting oneself in a way that is contrary to the other party’s interests.

As long as the agreement is in place, each party must act in ways that are forthright and faithful to their contract.

A classic example of unfair dealing is when one party to a business agreement is slow to respond or give support when the other needs it and then takes advantage of that party’s weakened circumstances to force a modification of the contract and further strengthen their own position.

The Uniform Commercial Code 

The Uniform Commercial Code (UCC) is a comprehensive set of laws governing all commercial transactions in the United States. It has been called “the backbone of American commerce,” and is therefore taken quite seriously.

The implied duty of good faith and fair dealing is a pillar of the Uniform Commercial Code. It provides that “every contract or duty within the UCC imposes an obligation of good faith in its performance and enforcement.” UCC § 1-304

Formed in 1892, the UCC is not federal law but is uniformly adopted by states. Its most essential function is to govern the interstate transaction of business.

Because the UCC has been universally adopted, businesses can enter contracts with confidence that terms will be enforced in the same way by courts in every jurisdiction. The resulting certainty of business relationships allows commerce to flourish and the American economy to thrive.

Breaching the Spirit of the Deal 

When you sign a business contract, you agree to more than what appears on the paper. All parties to a mutual agreement or contract must conduct themselves in ways that adhere to the spirit of the deal.

Just because certain obligations are not expressly written down in a contract does not mean they are unenforceable. In order for that to occur, both parties need to specify that in the contract.

The Importance of Implied Good Faith

Most contracts, especially complex agreements, cannot cover every conceivable situation, nor can they provide detailed terms for every aspect of each party’s obligations.

It’s important that you and your business understand what your obligations are under a contract, not just the actual terms, but the implicit duties as well. For example, let’s say the other party asks for help. After reviewing the contract, you refuse to help because the terms, as written, do not specifically state you must help. You very well could be unintentionally breaching the contract.

It is important to keep in mind the spirit of the agreement and not just the written words.

Examples of Failure to Act in Good Faith 

A party cannot participate in any act (or non-act) that would prevent the purpose of the contract from being fulfilled. This means that neither party shall:

• be neglectful or slack off
• abuse of power when specifying terms
• intentionally perform poorly or incorrectly
• interfere with or fail to cooperate with the other party’s performance

Other examples include:

• tamper with goods to be delivered under a contract
• promise to use the services of one company exclusively, but then intentionally use the services of multiple companies
• lie about performing obligations under the contract
• dishonestly agree to perform a service you’re incapable of doing
• contract to purchase a property, get denied the mortgage, then refuse to try a different lender to go through with the sale

Failing to Enforce a Contract in Good Faith 

The duty of implied good faith and fair dealing also applies to the enforcement of an agreement. This refers to a party’s assertion, litigation, and resolution of contract claims, and defenses relating to the agreement and will be violated by dishonest conduct.

For example, a party may not ….

• conjure up a nonexistent dispute
• assert interpretations of an agreement that are contrary to its understanding
• falsify facts

In certain cases, implied duty can apply to actions that, while appearing fair on the surface, defeat the intent and spirit of the agreement.

Behaviors that courts have held violate good faith and fair dealing include:

• making harassing demands for assurances of performance
• rejecting the other party’s performance for unstated reasons
• abusing discretionary power
• intentionally failing to mitigate damages
• acting unreasonably when assessing the other party’s compliance with the contract or terminating the agreement

Again, these are only examples. Case law does not reveal any single definition or bright-line meaning for good faith and fair dealing, despite how long the implied duty has been observed.

Adjudication of issues relating to this covenant is almost always fact-specific, examining compelling issues of fairness within the context of a particular business contract. This means that courts retain broad discretion when interpreting good faith and fair dealing.

When “Bad Faith” is Not Considered Bad Faith 

Bad faith requires more than just negligence. Courts have held that a compelling case of bad faith can only be shown with a conscious and deliberate act that unfairly frustrates the purpose of the agreed-upon contract and thwarts the reasonable expectations of the other party. In other words, it entails a sinister or self-interested motive.

Conduct deemed to have been the result of an honest mistake, poor judgment, or negligence is not normally considered a violation. Any claim against an honest mistake or even a series of honest mistakes would probably fail.

Negotiation vs. Performance of a Contract 

The way the courts see it, the implied duty of good faith and fair dealing doesn’t go into effect until after a contract is agreed upon and signed by all parties.

There is no obligation upon parties to negotiate in good faith. Therefore, any claim based on dishonest conduct that took place during contract negotiations might not provide a valid case for a breach of the implied duty.

This is why it is so important to retain experienced legal counsel while negotiating or evaluating a business contract.

Relevant Factors in the Application of the Implied Duty 

Because issues relating to the implied duty of good faith and fair dealing are so fact-sensitive, courts have employed both broad and narrow applications. Numerous factors impact whether a court will provide a more limited or expansive scope when determining whether and how to apply the covenant. These include the:

• motivation behind the defendant’s actions
• sophistication of the parties
• bargaining power of the parties
• type of claim at issue
• length and complexity of the agreement

Furthermore, courts tend not to consider an implied duty of good faith and fair dealing to go around basic principles of contract construction. In other words, clear and unambiguous language on a written contract trumps implied duty whenever the two are in conflict.

You cannot point to the implied duty of good faith and fair dealing to wriggle out of a contract’s express terms.

What If the Other Party Fails to Act in Good Faith? 

The covenant is enforceable. When one of the parties to a contract violates the implied duty of good faith and fair dealing, it can be considered in breach. That party can then be held liable for damages that have occurred because of their conduct.

If either party committed fraud, they could face appropriate criminal charges and penalties.

Also, the non-breaching party can have its contractual obligations voided. But it must show that the other party’s failure to act in good faith prevented them from adequately performing their portion of the agreement.

Generally, the consequences for breaching the implied duty of good faith and fair dealing depend on the nature of the contract itself.

The Elements of a Claim 

Most disputes relating to unwritten obligations come from (1) agreements that give one party total discretion over its own performance and enforcement, (2) from contracts lacking the terms necessary to fulfill both parties’ expectations, and (3) from cases where bad faith served as a pretext for terminating an agreement.

To state a claim for breach of the implied duty of good faith and fair dealing, a plaintiff must generally plead:

1. the existence of a contractual relationship between the plaintiff and defendant,
2. plaintiff’s performance (or excuse from performance) of its obligations under the contract,
3. that the defendant unfairly prevented the plaintiff from receiving the benefits it was entitled to under the contract; and
4. injury to the plaintiff as result of defendant’s conduct.

Courts have said that the application of the implied covenant should be rare and fact-specific, based upon issues of compelling fairness.

Recovering Damages 

Because the covenant is, in essence, a contract term (even if implied) designed to give effect to the contractual intention of the parties, recovery in cases where the covenant has been breached is usually limited to contract remedies.

Some courts have held, however, that tort damages can be available for breach of the covenant of good faith and fair dealing. This particularly goes for limited circumstances where there is a special relationship between the parties, such as those arising from elements of public interest, and fiduciary responsibility, as well as cases involving franchisors and franchisees where one party clearly acted in bad faith.

Make Sure You are Treated Fairly

Contract terms can often be difficult to understand or interpret. If you suspect you are involved in a contract where the implied duty of good faith and fair dealing has been violated, it’s time to talk to an experienced litigation attorney. Don’t wait. Call (303) 688-0944 for your free case assessment.

The post The Implied Duty of Good Faith and Fair Dealing appeared first on Robinson and Henry.