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...

The U.S. Immigration Court in Denver, Colorado currently has three active Immigration Judges and a docket of over 8000 cases.  The Denver Immigration Court and the foreign nationals living within its jurisdiction are fortunate to have distinguished, highly competent, and thoughtful immigration judges. Unfortunately, the majority of foreign nationals on the Denver Immigration Court docket are unlikely to have their hearings in front of these judges any time soon.  As we...

While wide-spread immigration relief was something we were all excited to see during this holiday season, there was much more than simple deferred action left for us.  Deferred Action for Parental Accountability (“DAPA”) will provide much needed relief for parents of U.S. citizens and lawful permanent residents, and that’s easily the biggest gift left for us under the Christmas tree this year, but we shouldn’t overlook all of the great things...

Earlier this month, our attorneys had an opportunity to participate in pro bono efforts, assisting detained women and children in Artesia, New Mexico, from the Denver Immigration Court. Women and children refugees, fleeing violence in El Salvador, Guatemala, and Honduras, have been approaching the southern border, seeking refuge, in record numbers over the past several months.  Most cross into the United States, and immediately seek Border Patrol officers and request asylum...

As part of the President’s administrative action on immigration, the administration announced a program to reform the Optional Practical Training (“OPT”) program. OPT is a program for F-1 student visa holders to seek an additional 12 months in status to seek temporary employment in their field of study. Secretary Johnson has asked USCIS and ICE to develop a program to extend benefits and expand programs eligible for OPT, as well as...

As part of the President’s administrative program to expand immigration benefits under current law, two important aspects related to research and development in the United States are included. First, DHS Secretary Johnson directed USCIS to issue guidance or promulgate regulations to clarify the standard for which a National Interest Waiver might be granted. A National Interest Waiver permits certain non-residents to seek lawful permanent residency without an employer sponsor if they...

Among the announcements made during President Obama’s administrative immigration reform on November 20, 2014, was the announcement that USCIS is being directed to clarify the term “same or similar” pursuant to AC21. DHS Secretary Jeh Johnson directed USCIS to issue written guidance clarifying what constitutes a “same or similar” job under current law. Secretary Johnson cites a difficulty with qualified immigrants seeking new job opportunities or promotion opportunities due to the...

As a part of President Obama’s executive actions announced on November 20, 2014, the United States Citizenship and Immigration Service (USCIS) announced that it will allow the spouses and children of lawful permanent residents and the adult children of U.S. citizens to apply for the Provisional Unlawful Presence Waiver, also known as the I-601A Waiver. The Provisional Unlawful Presence Waiver is a powerful tool that helps reduce the amount of time...

On November 20, 2014, the United States Citizenship and Immigration Service (USCIS) announced a new program to promote citizenship and the naturalization process. Beginning in 2015, USCIS will be conducting a program aimed at lawful permanent residents who are eligible to apply for naturalization.  The program will seek to promote citizenship education and raise public awareness. To further encourage eligible permanent residents to apply for naturalization, USCIS will also be accepting...

Posted by Zuzana Geremes, Paralegal Part of President Obama’s executive order on administrative immigration reforms promulgated on November 20, 2014, is the implementation of a change in the current regulations regarding employment authorization for certain spouses (H-4 dependents) of foreign nationals working in the United States on H-1B visas. Under the existing regulations, the spouse of an H-1B specialty worker is eligible to receive an H-4 visa. Although the H-4 visa...

Senior Associate Attorney Jennifer Casey was recently published in an opinion piece featured on Fox News Latino. Jennifer addressed the media’s frequent mischaracterization of President Obama’s Executive Action on Immigration as “Legalization.” Jennifer's Op-Ed is copied below, and can be found on Fox News Latino's website here: http://latino.foxnews.com/latino/opinion/2014/11/24/opinion-immigration-attorneys-plea-to-media-stop-using-l-word/ ******************************************************************************** Opinion: An immigration attorney’s plea to the media: Stop using the 'L' word By Jennifer Casey- Published November 24, 2014 - Fox...

On November 20, 2014, President Obama announced a variety of executive measures that his administration will undertake in order to improve and enhance the current immigration system in the United States and to positively impact the U.S. economy.  One of these measures is to clarify “specialized knowledge” for purposes of the L-1B Intracompany Transferee Program. Under the L-1B Program, a multinational company is permitted to transfer employees possessing “specialized knowledge” in...

On November 20, 2014, President Obama announced a range of executive measures that the administration will take to improve the functioning of the United States immigration system. As a part of these measures, the administration is changing the eligibility requirements for the Deferred Action for Childhood Arrivals (DACA) program to increase the number of individuals who are eligible to apply. DACA was first announced on June 15, 2012 as an administrative...

On November 20, 2014, President Obama announced a variety of executive administrative measures that his administration will undertake in order to improve and enhance the current immigration system in the United States.  A number of the President’s initiatives are aimed at U.S. businesses, foreign investors, researchers, inventors and foreign workers. In an effort to grow the U.S. economy and create jobs, the President announced that U.S. Department of Homeland Security (DHS)...