For several years now, USCIS has permitted its customers to update gender markers on their immigration documents, such as work permits, green cards, and other documents. The process for doing so is a very relaxed process. Transgender and intersex people can file fairly easily-accessed documentation, and USCIS has been very responsive to those who wish to update their records. This process was memorialized with temporary guidance issued by the agency on...

In the world of temporary employment visas, the Q-1 Visa is often overlooked as a good solution for businesses in need of employees with specific language and cultural backgrounds. The Q-1 visa is an international cultural exchange visa that allows employers to bring in employees or trainees for participation in an approved international cultural exchange program. The purpose of the Q-1 Visa is for foreign national employees to transmit their cultural...

Kolko & Associates, P.C., is pleased to announce that Senior Associate Attorney, Bryon M. Large, has been invited to present to the Latin American and Caribbean Chapter of the American Immigration Lawyers Association (AILA) at its annual conference, being held this year in Rio de Janeiro, Brazil, on November 6, 2015. Bryon will be presenting on complex grounds of inadmissibility and waivers, discussing criminal grounds of inadmissibility, fraud, administrative processing, and...

Kolko & Associates, P.C., is pleased to announce that Managing Partner David Kolko and Partner Jennifer Casey have been asked to present at the Colorado Bar Association's Continuing Legal Education Program.  Each year, the CBA holds a day-long immigration program, for continuing legal education credits. Mr. Kolko and Ms. Casey have been asked to speak on nonimmigrant business visas. The program will be held on April 21, 2015, at the CBA's...

Kolko & Associates, P.C., is pleased to announce that Senior Associate Attorney Bryon M. Large will be discussing immigration issues related to the transgender community at the University of Colorado's TRANSforming Gender Symposium, being held in Boulder, Colorado, on March 13th and 14th. Bryon is the Vice-Chair of the LGBT Working Group, and advisory committee to the 13,000 member American Immigration Lawyers Association. He has an extensive background working on issues...

Kolko & Associates, P.C., is pleased to announce that its Managing Partner, David Kolko, has been invited to speak at the AILA Texas Chapter Spring Conference, being held in Santa Fe, New Mexico, April 24-25, 2015. Mr. Kolko has been invited to participate, discussing Motions to Reopen before the Immigration Court. 

Kolko & Associates is honored to have two of our attorneys invited to speak at the Annual Conference hosted by the American Immigration Lawyers Association (AILA). AILA is a 13,000 member strong organization dedicated to the enrichment of the practice of immigration law. This year's conference, being held at National Harbor, Maryland, just outside of Washington, D.C., will take place June 17th through the 20th. Managing Partner David Kolko will be...

Kolko & Associates is honored to be sending two of our attorneys to Washington, D.C., on April 16, 2015, to sit with Colorado's delegation to Congress to discuss immigration issues affecting Colorado. Each year, the American Immigration Lawyers Association, or AILA, holds a lobbying day, called the National Day of Action, where association members travel to D.C. to meet with their states' congressional delegation. Managing Partner David Kolko and Senior Associate...

USCIS has announced that it will extend employment authorization to some non-immigrants in H-4 visa status. This is very welcome news for spouses of some H-1B visa holders. Beginning May 26, 2015, some H-4 visa holders will be granted employment authorization. To qualify, the H-4 visa holder must be married to an H-1B visa holder. In addition, the H-1B visa holder must either be the beneficiary of an approved Form I-140...

On February 16, 2015, a federal judge in Texas issued a preliminary injunction that temporarily halts the implementation of the expansion of the Deferred Action for Childhood Arrivals (DACA) and the Deferred Action for Parents of Americans & Residents (DAPA) programs. The expansion of DACA and the DAPA programs were announced as a part of President Obama’s Executive Immigration Action plan on November 20, 2014. Effect of the Temporary Injunction on...

USCIS’s preview instructions for the updated DACA request form, Form I-821D, show that DACA requesters may additionally apply for advance parole at the same time as filing for DACA. This appears to be available for both initial requesters and DACA renewals. Effectively, this means that DACA requesters will not have to wait until their DACA request is approved to send in their advance parole (travel permit) filing. Both packets can be...

On June 15, 2012, President Barack Obama announced Deferred Action for Childhood Arrivals (DACA), a program that allows individuals who were brought to the United States when they were under age 16, to apply for Deferred Action and Employment Authorization if they had resided in the United States for at least 5 years, were enrolled in school in the United States or had graduated from school, did not have any serious...

The Mexican government announced this month that starting January 15, 2015, all Mexican consulates in the United States will begin issuing certified copies of birth certificates for births registered in Mexico. This new policy will be of great assistance to the many Mexican nationals residing the United States in obtaining these vital records. In order to obtain a certified copy of their birth certificate, Mexican nationals will need to visit their...

On December 15, 2014, in a completely unprecedented move, the Colorado Bar Association’s (CBA) Executive Committee met and unanimously voted to provide matching funds of up to $50,000 in order to fund the Rocky Mountain Immigrant Advocacy Network (RMIAN) Children’s Program (http://www.rmian.org/childrens-program/) and to provide legal services to Unaccompanied Children in Immigration Removal Proceedings. CBA President Charles F. Garcia highlights the CBA’s action in his article, “Children on the Run,” published...

The U.S. Citizenship and Immigration Service (USCIS) has announced that applications for the expansion of Deferred Action for Childhood Arrivals (DACA) will be available starting February 18, 2015. On June 15, 2012, the Obama Administration initially announced DACA as a program to benefit a group commonly referred to as the “DREAMERs” - children who were brought to the United States at a young age and grew up in this country but...

Kolko & Associates, P.C., is pleased to announce that the Colorado GLBT Bar Association has named our Senior Associate Attorney, Bryon M. Large, as its President-Elect this month. He will serve this year as President-Elect, and will serve as President during the Association's 2016 term. Bryon has been a strong advocate for GLBT-related issues in immigration, and has served the GLBT community throughout his career. In 2014, he was recognized for...

Happy Cap Season!  That’s right, Happy Cap Season!  For some, these words mean absolutely nothing, but for thousands of employers and potential highly skilled, foreign national workers in the U.S. and around the world, Cap Season is full of hope, fraught with anxiety, and colored by extreme frustration with the current annual limits on H-1B visa numbers. “H-1B cap season” refers to several months leading up to April 1 each year. ...

Posted by Zuzana Geremes, Paralegal   President Obama concluded his three-day visit to India on January 27, 2015 where he met, among others, with the Indian Prime Minister Narendra Modi. With regards to US immigration issues, President Obama and Prime Minister Modi touched on the topic of the H-1B visas.  In particular, the Times of India online edition dated January 26, 2015 mentions: “President Barack Obama has assured Prime Minister Narendra Modi...

Department of Homeland Security (DHS) Secretary Jeh Johnson has determined that the ongoing armed conflict and other extraordinary and temporary conditions in Syria prevent nationals of those countries from returning to these states in safety. In light of this, the Secretary has announced the both the extension and redesignation of Temporary Protected Status (TPS) for Syria. Extension of TPS Designation for Syria Secretary Johnson has extended the TPS designation for Syria...

Many foreign nationals residing in Colorado have likely noticed the “black bar” across the foreign national’s Colorado driver’s license reading “not valid for federal identification, voting or public benefit purposes” and thought to themselves – “wait, I shouldn’t have a black bar on my license, I never had a black bar before, this is a mistake…” It is not a mistake.  U.S. citizens and lawful permanent residents residing in Colorado continue...