On January 27, 2017, President Donald Trump signed his third immigration-related Executive Order, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” Although the title of the Executive Order suggests that it will protect our nation, the contents of the Executive Order are likely to jeopardize the safety of Americans and bona fide refugees all over the world, rather than actually protect the homeland. Since the issuance...

  In his Executive Order, Border Security and Immigration Enforcement Improvements, (January 25, 2017)  President Trump directs the DHS Secretary to use the “process of expedited removal” under Section 235(b) of the Immigration and Nationality Act (INA or Act) to individuals present in the United States who cannot affirmatively show that they have been continuously physically present in the United States for two (2) years prior to the date of their...

On January 25, 2017, President Donald Trump signed two Executive Orders, entitled “Enhancing Public Safety in the Interior of the United States,” and “Border Security and Immigration Enforcement Improvements.” The Executive Orders identify individuals who have entered the United States without inspection or admission as a significant threat to national security and public safety. The Executive Orders contain directives to the Secretary of the Department of Homeland Security (DHS) to prioritize...

As of January 21, 2017, all U.S. employers are required to complete the new, updated Federal I-9, Employment Eligibility Verification Form, (version date November 14, 2016) for all newly hired employees. The new form I-9 can be found at the U.S. Citizenship and Immigration Service (USCIS) website. Please do be sure that your company’s Human Resources team is using the correct version of the Federal Form I-9. For more information about...

Kolko & Associates, P.C. is pleased to announce that for the second year in a row, Managing Partner David Kolko has been selected as one of 5280 Magazine’s Top Lawyers. In order to be named to 5280 Top Lawyers, Colorado attorneys vote for those who they respect most in various fields of law, including immigration. Mr. Kolko was selected as one of a handful of immigration attorneys for the 2017 Top...

Over the last two years, Managing Partner David Kolko has lead the American Immigration Lawyers Association (AILA)’s Taskforce on Family Detention. He has twice traveled to the so-called “family detention center” in Dilley, Texas to provide pro bono legal representation to detained women and children who are seeking asylum protection in the United States. In this excellent piece in Mother Jones, "Here's the Biggest Immigration Issue that Trump Isn't Talking About,"...

Kolko & Associates, P.C. is proud to announce that it has been selected by U.S. News & World Report as a Best Law Firm in Colorado for 2017. U.S. News & World Report’s Best Law Firms publication is one of the oldest and most highly-respected peer review guide to the legal profession worldwide. We would like to take the opportunity to thank our team of hardworking, talented and compassionate attorneys and...

The U.S. Department of Homeland Security (DHS) recently announced regulatory changes that apply to certain individuals’ work authorization in the United States. These changes will go into effect on January 17, 2017. The first major change eliminates the requirement under the old regulations that the U.S. Citizenship and Immigration Service (USCIS) adjudicate Employment Authorization Document (EAD) applications within 90 days of receipt. Without this deadline, individuals can now expect their initial...

The new Department of Homeland Security (DHS) final regulations, “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Improvements Affecting High Skilled Nonimmigrant Workers,” (effective date January 17, 2017), may enable non-profit schools and school districts to secure an exemption from the annual H-1B Cap, thus providing a clear pathway for these institutions to hire qualified foreign national teachers as H-1B highly skilled workers without regard to the annual limits on the...

Attorney Angela Cifor has joined Kolko & Associates, P.C., as an Associate Attorney. Angela joins the firm with three years of experience in the field of U.S. immigration law. Angela grew up in Vermont and attended Lehigh University in Pennsylvania where she earned her undergraduate degree in Political Science, Environmental Studies and Spanish. In 2012, received her law degree from the University of Colorado. Since receiving her law degree, Angela has...

On November 14, 2016, the U.S. Citizenship and Immigration Service (USCIS) released a new version of Form I-9 – Employment Eligibility Verification. The new Form I-9 is available at the USCIS “I-9 Central” website. Starting on January 21, 2017, employers are required to begin using the new I-9 Form (version 11/14/16). Employers may continue using Form I-9 (version 03/08/2013) until January 20, 2017. However, since the new version of Form I-9...

With the election of Donald Trump as President of the United States, and the election of Mike Pence, a virulent opponent of LGBTQ rights, as Vice President of the United States, individuals in the LGBTQ immigrant community have voiced concerns about their continuing eligibility for immigration benefits based on same-sex marriage. However, individuals seeking immigration benefits based on a same-sex marriage are unlikely to see any change in their eligibility for...

This week, Managing Partner David Kolko was featured in Law Week Colorado to provide insight into the potential changes we might see in the field of immigration law under a Trump Administration. In Tony Flesor’s Law Week Colorado article, “Election Reactions,”  Mr. Kolko states: “it’s not clear exactly what changes Donald Trump might execute when he becomes president. What is clear is the president has authority over immigration enforcement in the...

On October 24, 2016, the U.S. Citizenship and Immigration Service (USCIS) announced fee increases for most immigration applications and petitions. USCIS operations are funded almost entirely through application fees and the agency is required to evaluate fees every two years. This is the first fee increase for USCIS in six (6) years, and we will see an average increase of 21% for fees for all applications and petitions. The Biometric Services...

  Kolko & Associates, P.C. wants to remind every individual in the United States, including undocumented immigrants, of their legal rights if approached or interrogated by law enforcement, including Immigration and Customs Enforcement (ICE).   We highlight the National Immigration Law Center’s Know Your Rights Advisement and take this opportunity to remind immigrants in the United States of their legal rights if they are approached or interrogated by an Immigration Officer:...

  The Deferred Action for Childhood Arrival (DACA) program was implemented by executive order by President Obama in June of 2012. Under this program, qualified individuals receive reprieve from any immigration enforcement action against them and an employment authorization document (EAD) valid for two years. DACA has been renewable every two years for qualified individuals. In order to qualify, applicants had to establish they entered the United States when they were...

From the Immigration Attorneys at Kolko & Associates, P.C., an open letter to our clients, their families and our community: To start, we never expected to have to write this kind of a letter to you. We have dedicated our lives to advocating for the immigrant community. Our work as immigration lawyers helps families stay together; U.S. businesses to grow and maintain their workforce; foreign entrepreneurs to start businesses in the...

On August 25, 2016, the Department of Homeland Security approved a revised Form I-9, Employment Eligibility Verification. USCIS is scheduled to publish the new form by late November 2016. Employers are permitted to continue to use the current version of Form I-9 (version date 03/08/2013) until January 21, 2017. After that date, all prior Form I-9 versions will be invalid. It is essential that employers ensure that they utilize the correct form...

On October 24, 2016, the U.S. Citizenship and Immigration Service (USCIS) issued a policy memorandum announcing that it designated Matter of R-C-C-S-D-, as an Administrative Appeals Office (AAO) adopted decision that binds all USCIS employees. As the law firm that spent a year and half arguing Matter of R-C-C-S-D-, with USCIS and the AAO, we are very proud that USCIS has taken this rare step of adopting the AAO decision. The...

Between October 18-20, 2016, Partner Jennifer Casey had the privilege of attending the American Immigration Lawyers Association (AILA) Rome District’s 2016 Fall Conference in Amsterdam, Netherlands. The AILA Rome District Chapter serves U.S. immigration attorneys practicing abroad, with a focus on attorneys practicing in Europe, the Middle East and Africa, and the issues that clients seeking to obtain both immigrant and nonimmigrant visas to the United States frequently face. The AILA...