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...

USCIS announced the renewal program for those who have received deferred action under the Deferred Action for Childhood Arrivals (“DACA”) program, which began in 2012. USCIS is prepared to accept DACA renewals immediately. To renew, a requestor must continue to be eligible for the program and have not committed any disqualifying crimes. Any new evidence should also be submitted but requestors will not, in most cases, need to send in evidence...

David Kolko, the Managing Partner of Kolko & Associates, P.C., began his tenure as Chair of the Colorado Chapter of the American Immigration Lawyers Association (AILA Colorado) last week. As Chair of AILA Colorado, David oversees the operations of the local chapter in Colorado, assuring open communication between the Chapter and the various immigration-related government agencies. AILA Colorado is made up of over 240 immigration attorneys in the state. AILA is...

Nearly one year after the U.S. Supreme Court’s decision in United States v. Windsor, striking down Section 3 of the Defense of Marriage Act (DOMA), Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor (OPLA) has announced that it will agree to reopen removal proceedings for individuals previously ordered removed from the United States who are now eligible for immigration relief based on a lawful, bona fide, same-sex marriage...

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.   In order to receive a Colorado Driver’s License, Instruction Permit or Identification Card under CRCSA, all Applicants must:1) Present a valid passport, consular identification card, or military identification...

As a result of recent Court decisions in the Third Circuit Court of Appeals and Oregon Federal District Court, many Colorado sheriffs’ departments have announced that they will no longer honor Immigration Detainer requests issued by  Immigration and Customs Enforcement (ICE). For the past several years, individuals in criminal custody who were suspected by ICE of being present in the United States in violation of U.S. immigration law could be subject...

  Contributed by Zuzana Geremes, Paralegal On May 6, 2014, the Obama Administration and the Department of Homeland Security (DHS) announced a proposed change to the current regulations regarding employment authorization for certain spouses of foreign nationals working in the United States on H-1B visas. The stated goal of this rule change is to maintain U.S. economic competitiveness and to attract skilled talent that the United States might otherwise be losing...

US Citizenship and Immigration Services (USCIS) announced that it is extending the reregistration period for those Haitian nationals who have been granted Temporary Protected Status (TPS) from May 2, 2014 to July 22, 2014. Those persons wishing to reregister may have their TPS period extended for an additional 18 months. Employment authorization cards with an expiration date of July 22, 2014 are also automatically extended through January 22, 2015, while their...

This week, Customs and Border Protection (CBP) launched a new webpage where non-immigrant visitors can access not only their most recent Form I-94 Arrival/Departure record, but also their last five years of travel history. Until now, visitors had to file requests under the Freedom of Information Act to access their travel histories. These requests would frequently take months to yield results. Now, more recent entry and exit information is available at...

With Congress in a standstill in recent months on comprehensive immigration reform, the White House has asked the Secretary of Homeland Security, Jeh Johnson, to review current enforcement priorities in Washington. Secretary Johnson is reported to be in the midst of a thorough review of immigration law and agency memoranda regarding current practices by the Department of Homeland Security. Many immigration practitioners expect DHS to implement a new discretionary program, similar...

Contributed by Elia Antillon, Administrative Staff USCIS is actively preparing for the DACA renewal process and anticipates announcing a new dual-use Form I-821D in late May 2014, for both original and renewal requests. Recipients must wait until USCIS publishes the new form before submitting their renewal requests.  Recipients should submit DACA renewal applications approximately 120 days before their current expiration date. Requests made 150 days or earlier prior to expiration date...

Earlier this month, while attempting to access the Denver Immigration Court located in the Byron G. Rogers Federal Building, Managing Partner David Kolko was denied entry to the public lobby of the federal building and the Denver Immigration Court when he declined to show photo identification to federal agents guarding the building. Mr. Kolko fully agreed to proceed with regular and necessary security screening, including the use of a metal detector...

U.S. employers of all sizes use the H-1B visa program to employ foreign workers in professional level occupations that require highly specialized knowledge in their field. Several years ago, the U.S. Congress set a limit or “cap” of 65,000 H-1B visas for each fiscal year (FY). An additional 20,000 H-1B visas are available for foreign workers in a specialty occupation who hold a U.S. Master’s Degree in their field. An H-1B...

USCIS released its first quarterly report for Fiscal Year 2014 on statistics for the Deferred Action for Childhood Arrivals (DACA) program. The numbers demonstrate not only the need for immigration reform laws, but also the need for interim relief for otherwise law-abiding undocumented people currently present in the United States. Through December 31, 2014, a total of 610,694 requests for DACA were accepted by USCIS at their lockbox facility. Of those,...

The Department of State has announced to immigration attorneys, through the liaison efforts of the American Immigration Lawyers Association (AILA), that some GLBT immigrants may seek to process their immigrant visas in safer third-countries. Last year, when the Supreme Court struck the Defense of Marriage Act (DOMA) in Windsor v. United States, federal government agencies began recognizing same-sex marriages for federal benefits, including immigration. United States citizens may now seek immigrant...

On March 18, 2014, USCIS announced that, on its own motion, it would reopen and review I-601A waivers that were denied prior to January 24, 2014 and review the reasons for denial. This affects spouses of United States citizens who have had their provisional waivers denied. The I-601A provisional waiver went into effect in early 2013, allowing those who required a waiver for unlawful presence only to have their inadmissibility waiver...