On November 20, 2014, President Barack Obama announced the implementation of a wide range of administrative measures that the administration will undertake in an effort to improve the functioning of the American immigration system. One of the initiatives announced by the President is the Deferred Action for Parental Accountability (DAPA) Program.  This program provides temporary immigration benefits to certain parents of U.S. citizen and lawful permanent resident children. In order to...

On November 20, 2014, related to the President’s executive order on administrative immigration reforms, Homeland Security Secretary Jeh Johnson issued a memorandum directing USCIS to issue guidance on the definition of “extreme hardship.” “Extreme hardship” is a legal term of art, and is the basis for qualifying for various types of waivers, including an unlawful presence waiver prior to immigrating to the United States. This is a very commonly sought waiver...

Department of Homeland Security (DHS) Secretary Jeh Johnson has designated Sierra Leone, Liberia and Guinea for Temporary Protected Status (TPS) for a period of 18 months. The Secretary has determined that due to the outbreak of the Ebola virus in Liberia, Sierra Leone and Guinea, these countries are experiencing extraordinary and temporary conditions that prevent their nationals from returning in safety and that permitting such aliens to temporarily remain in the...

Pro-immigration advocates expect the White House to announce administrative relief to millions of undocumented individuals currently residing inside the United States. The President has signaled that he would act on his own before the end of the year if Congress does not act. Pressure has been mounting on the White House to act in the absence of a comprehensive immigration reform law from Congress. The immigration system is overloaded and the...

Immigration and Customs Enforcement ("ICE") announced yesterday that it would be closing its controversial family detention center in Artesia, New Mexico, by the end of the year. ICE, in claiming that the Artesia facility had always been temporary in nature, announced that a new residential facility in Dilley, Texas, would be operational by December. The Artesia facility opened in response to a surge in Central American refugee seekers in the spring...

Senior Associate Attorney Jennifer Casey was recently published in an opinion piece featured on Fox News Latino. Jennifer recently spent a week volunteering as a pro bono attorney in Artesia, New Mexico, assisting women and children fleeing violence and persecution in Central America. Her opinion piece recapped her observations as a volunteer, and reflected on how the administration of justice has varied since the Artesia facility opened earlier this summer. Significantly,...

Under the United Nations Refugee Convention and U.S. Immigration law, an individual in the United States who expresses a fear of harm or torture upon their return to their home country is afforded the opportunity to apply for asylum protection. In order to qualify for asylum in the United States, a person must demonstrate that he or she has a well-founded fear of persecution (severe harm) because of their race, religion,...

Managing Partner David Kolko was honored by the American Immigration Lawyers Association ("AILA"), along with a host of other volunteer attorneys, for his efforts in coordinating pro bono efforts to respond to the humanitarian crisis along our southern border. AILA recognized 16 attorneys, largely based in Colorado, for being "First Responders" and coordinating immediate leal help for volunteer attorneys in Artesia, New Mexico. Their main goal is to provide legal assistance...

Department of Homeland Security (DHS) Secretary Jeh Johnson has determined that the conditions that warranted the designation of Nicaragua and Honduras for Temporary Protected Status (TPS) in 1998 – i.e., Hurricane Mitch – continue to exist and that because of these conditions, these two countries remain unable, temporarily to adequately handle the return of their nationals. In light of this, the Secretary has announced the extension of TPS for both Nicaragua...

Marriage equality is now the law of the land in Colorado! This morning, the United States Supreme Court declined to review seven cases involving marriage equality decisions. By declining to hear the cases, this gave the legal effect of marriage equality in Colorado and several other states. County clerks around the state are now scrambling to update computer systems and begin issuing licenses. Some counties, including Pueblo County, have already started...

The Adam Walsh Child Protection and Safety Act was signed into law in 2006 with very good intentions. However, in the realm of immigration, part of the Adam Walsh Act prohibits some United States citizens and lawful permanent residents from filing visa petitions for their family members if they have been convicted of a crime specified in the Act. This has created serious obstacles, mostly for American citizens, who wish to...

Colorado and Washington have recently legalized marijuana use and possession in small quantities. In fact, they join a total of 23 states and the District of Columbia which have some sort of permissible marijuana use, including medical marijuana. 14 states have decriminalized its possession or use. However, marijuana possession and use are still crimes for federal purposes as they are Schedule I substances regulated by the Controlled Substances Act. This brings...

Under the Colorado Employment Verification Law (C.R.S. 8-2-122), all public and private employers who contract business in the state of Colorado are required to complete and retain the Colorado Affirmation Form for each employee hired on or after January 1, 2007.  The Colorado Affirmation Form must be completed by the employer within 20 calendar days of the employee’s hire. On September 1, 2014, the Colorado Department of Labor issued a revised...

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

Under Federal Law, all U.S. Employers are required to complete Form I-9 in order to verify that their employees are authorized for employment in the United States.  Every newly hired employee must complete Section 1 of Form I-9 on the first date of hire, and the Employer must verify the employee’s authorization for employment by physically examining specific documents and complete Section 2 of the I-9 Form within three days of...

  This week, the Board of Immigration Appeals issued a landmark ruling, Matter of A-R-C-G, recognizing domestic violence survivors as a particular social group under American asylum law. The decision expands the domestic violence social group and clarifies the state of the law for other people seeking refuge in the United States when their governments cannot or will not help them. The respondent in A-R-C-G- was a Guatemalan woman who had...

  Earlier this month, Customs and Border Protection launched a mobile app to expedite the entry process into the United States. The app can only be used for entry at the Atlanta Hartsfield-Jackson International Airport for now as part of a pilot program, but shows the direction CBP is moving with regard to paperless travel nationally. Following the app download, travelers will create a profile with passport information. Upon arrival to...

Kolko & Associates, P.C. is pleased to announce that its own Senior Associate Attorney Bryon M. Large is being named Attorney of the Year by the Colorado GLBT Bar Association. Bryon's work over the past year is being recognized for his advocacy in the field of LGBT immigration, as well as for assuring access to immigration benefits by countless same-sex couples throughout Colorado. In June 2013, following the landmark Windsor v. United...

Customs and Border Protection announced yesterday that it issued a new updated Form 6059B Customs Declaration Form that expands the definition of family members. The form indicates that “the term ‘family’ is defined as ‘members of a family residing in the same household who are related by blood, marriage, domestic relationship, or adoption.’” The updated language allows more people entering the United States to file a joint customs declaration and reduces...

This past Sunday, the Denver Post ran an article discussing a local effort to mobilize assistance to help out in the present refugee crisis at our border. Managing Attorney, David Kolko, was featured in the report.   The article, available here, discusses how local attorneys and non-governmental organizations are coordinating efforts to provide assistance to children who end up in Colorado. Mr. Kolko, as the current Chair of the Colorado Chapter...