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...

Starting August 1, 2014, pursuant to the Colorado Road and Community Safety Act (CRCSA) (SB13-251), Colorado residents who are in the United States without lawful immigration status will be eligible to receive a Colorado Driver’s License, Instruction Permit or State Identification Card.   While this is a positive development for many individuals without lawful immigration status in the United States, those interested in applying for a Colorado State identification document under...

As of July 3, 2014, Beneficiaries of approved H-1B Petitions authorizing an October 1, 2014 start date may apply for their H-1B visas at U.S. Consular Posts abroad.   H-1B Beneficiaries who have not been approved for a “change of status” in the United States and instead are required to apply for an H-1B visa abroad prior to admission into the United States in H-1B status can now begin the visa...

Early last week, the President addressed immigration reform from the Rose Garden of the White House. Clearly frustrated by Congressional inaction, the President indicated that he would move forward using his existing legal authorities, to “fix as much of our immigration system” as possible. The White House was informed in late-June that the Speaker of the House of Representatives would not move immigration reform legislation to the floor of the House...

Senior Associate Attorney, Bryon M. Large, Sr., was elected to the Board of Governors of the American Immigration Lawyers Association this past weekend. The Board of Governors is AILA’s main body responsible for determining the Association’s policies and carry on its business. The Board is composed of 21 elected members, as well as the Chair of each local chapter. Bryon will continue to work for the advancement of immigration law as...

Each year, the American Immigration Lawyers Association ("AILA") hosts an annual conference showcasing the country's leading experts in their fields of immigration law. All of the attorneys from our firm attended the conference, held this year in Boston. The AILA Annual Conference presents an opportunity for attorneys to develop their skills and hone their education by attending lectures and panels on advanced immigration topics. The AILA Annual Conference not only allows...