Moving can be a stressful and tiring event. Remembering to have mail forwarded and updating your address is often low on the priority list for people. But if you move, remember to tell your attorneys, too! We will want to update our records, as well as make sure that you are in compliance with the law when it comes to updating your address with the government. American immigration law requires non-citizens,...

Today, the United States Supreme Court dismissed the United States v. Texas case, a case revolving around the President's 2014 deferred action program for DAPA and expanded DACA. The decision allows the lower court's injuction to stand. It is sad and disheartening news for the immigrant community. A 4-4 decision created a deadlock for the Court, and no formal opinion was given on the merits of the case. The Court's Order simply...

Yesterday, the United States Supreme Court announced four decisions. Unfortunately, none of them were immigration cases. They scheduled an additional decision date for this coming Thursday, June 23, and there is a regularly scheduled decision date set for Monday, June 27. The Supreme Court has eight remaining decisions to make in cases that they took during this term. It is likely that all eight decisions will be announced between the next...

Cases for U non-immigrant status are taking an abnormally long time to process with USCIS currently. The backlog is frustrating for applicants and attorneys, alike. The delays are attributed to many factors, including an increase in petitions, a cap on visa limits, and a large backlog at the Vermont Service Center of USCIS. U non-immigrant status is available to foreigners who have been victims of certain crimes. Waivers available under the...

Immigration attorneys and undocumented immigrants across the country are anxiously awaiting the Supreme Court’s decision in United States v. Texas, a landmark case implicating the President’s authority to grant discretionary immigration benefits, such as deferred action. The decision is expected sometime in June. The case revolves around the President’s November 20, 2014 executive actions, which included deferred action for parents of United States citizens and permanent residents. The program, called Deferred...

USCIS announced limited relief for people that have been affected by the recent earthquakes in Japan, Ecuador, and Burma. USCIS has softened some of their rules in certain cases when demonstrating need based on the earthquakes. Some examples of relief include: Changing or extending status in certain cases, even if status may have already expiredRe-parole if previously granted paroleExpedited handling of certain travel documentsExpedited handling of certain types of work permitsLarger...

Around the office lately, I’ve noticed an increase in consultations related to DUI arrests. For many immigrants, a DUI arrest begins the one-way trip back to their home country. For any arrest, proper legal counsel should be sought from an immigration attorney to determine whether the arrest carries immigration consequences. For most permanent residents and people in lawful status, one simple alcohol-related DUI causes little harm to one’s immigration status. However,...

It’s tax time again! The start of a new year brings responsibility to file income taxes with the IRS. Immigrants have tax responsibilities, too. There is no substitute for quality tax advice from a tax professional, and this is not meant to replace that advice. But, generally speaking, immigrants earning money in the United States, regardless of whether they are working lawfully or not, are required to report their income to...

Over the past two years, due to a major shift in priorities by the Department of Homeland Security, as well as a very understaffed court, the Denver Immigration Court put thousands of cases on hold and set hearings out to a “place holder” date of November 29, 2019. In recent weeks, the Colorado Chapter of the American Immigration Lawyers Association has been informed by the Court that it will begin resetting...

Dear Santa, With Christmas approaching quickly, I wanted to make sure you knew what gifts we’d love to have this year under our Christmas Trees. We’ve worked really hard this year to help our clients with their immigration problems, but we could use a few more tools around our office to better help our clients. Here is my wish list: • DAPA – Last year, the White House tried to give...

Recently, USCIS released statistics regarding Form I-918 U Nonimmigrant Status Petitions. While the numbers were generally not surprising, they give us a general indication of the strains on the U visa program. U Nonimmigrant Status, commonly referred to as a U visa, is available to people who have been victims of certain crimes, and who have cooperated with law enforcement in the investigation and prosecution of the crimes. The crimes are...

There is a lot of discussion on the Internet lately about refugees, and particular states’ ability to welcome or refuse refugees. Our Thanksgiving tradition in America is a reminder of America’s first refugees arriving to the shores, seeking refuge from religious persecution. America’s modern day refugee laws are centered on the 1980 Refugee Act, which is our codification of the 1967 Protocol and the 1951 UN Refugee Convention. The Act, along...

Managing Partner David Kolko is spending his week this week volunteering at the family immigration jail in Dilley, Texas. The Dilley facility is an ICE processing center where refugee women and children are being held in Texas, waiting to fight their cases. These women and children are fleeing gang violence and lawlessness in Central America, primarily Guatemala, El Salvador, and Honduras. Mr. Kolko is also joined by our recent Spring 2015...

In the wake of the pending litigation and injunction in Texas regarding the new deferred action programs for students and parents, a federal judge has ordered USCIS to be in full compliance of an injunction he previously issued. There are thought to be approximately 2,000 employment authorization documents (EAD’s) circulating that are not in compliance. Over the past several weeks, USCIS has been sending notices to DACA recipients who are affected....

We do a fair number of hardship waivers in our office each year, and I am frequently asked by my clients how to write a good hardship letter. While many attorneys have different styles for putting together a hardship waiver application, most attorneys will agree that the letter is one of the most important pieces of the case. The difficult part about a hardship letter is that the attorney shouldn’t write...

The Transactional Records Access Clearinghouse (TRAC) recently reported that the backlog for the immigration courts grew to an astounding 445,607 as of April 30, 2015, nationwide. The backlog appears to be the result of a changed focus for the courts to hearing cases involving recent arrivals and unaccompanied minors. Representing 15.7% of the docket, unaccompanied minors cases appear to be moving quickly as there were just over 700 fewer cases at...

The Colorado Department of Revenue announced earlier this month an expansion of the driver license program under the Colorado Road Community Safety Act. Beginning June 1, the Colorado Springs and Grand Junction offices will resume appointments to issue licenses for those unable to demonstrate lawful presence in the United States. The program had previously been dramatically scaled down under political pressure and budget cuts in the state legislature. Applicants must schedule...

Today, the Fifth Circuit Court of Appeals announced a decision to maintain the hold in place on the current DAPA program, pending litigation in Texas. This spring, Texas and various other states sued to keep this program from happening, alleging that it would economically harm those states. A federal judge in Texas agreed, and halted the program until a full hearing could take place on the program. Attorneys for the Department...

Attorneys and clients alike are experiencing frustration with the processing times of cases at the local USCIS office.  On April 13, 2015, the Denver Field Office issued a processing time report, which is essentially a snapshot of the cases they were working with on February 28, 2015.  On that date, the local office was processing I-485 Applications for Adjustment of Status that were filed on June 8, 2014, which represents a...

Today, USCIS announced some limited relief for Nepali citizens in the United States, in the wake of last week’s devastating earthquake.  While the agency stopped short of granting Temporary Protected Status, otherwise known as TPS, the agency did provide an array of temporary immigration relief for some Nepalese citizens. Among the protections announced, USCIS can grant the following: Change of status or extension of status, even if the applicant is currently...