Yesterday, the U.S. Department of Homeland Security (DHS)’s U.S. Citizenship and Immigration Services (USCIS) announced a final rule that will transform how USCIS interprets and implements the “public charge” ground of inadmissibility under Section 212(a)(4) Immigration and Nationality Act (INA). This new rule is a major change from prior policy and affects all people applying to receive lawful permanent residency through the adjustment of status process in the United States, including...

As outlined in our blog, “Trump Administration Issues New Third Country Asylum Rule,” the new third-country asylum rule bars anyone (other than a citizen of Mexico) who travels from another country to the United States by land from qualifying for asylum unless he or she first seeks asylum in a third country. However, on July 24, 2019, U.S. District Judge Jon Tigar of San Francisco, California issued a preliminary injunction which...

  UPDATE: On July 24, 2019, U.S. District Judge Jon Tigar of San Francisco, California issued a preliminary injunction which has temporarily stopped the Trump administration’s third-country asylum bar from going into effect. Earlier on the same day, a U.S. District Judge in Washington D.C. declined to issue a preliminary injunction in a similar suit. However, the decision of the U.S. District Judge in San Francisco a few hours later temporarily...

In the past, Applicants for immigration benefits, their representatives, and other stakeholders were able to go online to schedule an appointment with U.S. Citizenship and Immigration Service (USCIS) at their local field office. These appointments, called InfoPass appointments, are an important tool to help people navigate the immigration system and allowed peopled to ask questions about a pending case, check the status of a case, and/or receive important documents related to...

The U.S. Department of State is now asking applicants for immigrant and nonimmigrant visas to provide information about their social media accounts. The U.S. Department of State has added a social media question to Forms DS-160 and DS-260, the standard online applications for applicants seeking immigrant and nonimmigrant visas to the United States. The new question asks for social media usernames (or “handles”) used within the last five years for 20...

An Applicant/Beneficiary for an immigrant visa or for adjustment of status must demonstrate that he or she is not inadmissible due to his or her likelihood to become a public charge. This requirement is based upon the U.S. government’s concern that Applicants/Beneficiaries will become lawful permanent residents and then become reliant on public benefits such as the Supplemental Nutrition Assistance Program (SNAP or “food stamps”) or Temporary Assistance for Needy Families...

  **Updated July 14, 2019 If you or your family members are impacted by ICE Raids, please call the Colorado Rapid Response Network for assistance 1-844-864-8341  There have been widespread reports this past weekend that Immigration and Customs Enforcement (ICE) may conduct raids throughout major cities in the United States, including Denver. The raids may target individuals who have been ordered removed/deported but remained in the United States. It is vital...

Last week, the U.S. Citizenship and Immigration Services (USCIS) received 201,011 H-1B petitions subject to the annual cap for Fiscal Year (FY) 2020. The Agency confirmed that on April 10, 2019, it completed its computer-generated selection process to select sufficient H-1B petitions to meet both the regular cap of 65,000 petitions and the advanced degree (master’s) cap of 20,000 petitions. In light of these numbers, employers have just over a 40%...

Kolko and Casey, P.C. announces the 2019 selection of Managing Attorney, David Kolko for two esteemed honors in the field of immigration law, from both 5280 Magazine and Super Lawyers. Both these recognitions, which are based upon recommendations from peers in the immigration legal field, confirm what we already know: That we are fortunate for the experience and dedication of David Kolko at the head of our firm. For the fourth...

On February 28, 2019 the Department of Homeland Security announced that it was extending Temporary Protected Status (TPS) for individuals from El Salvador, Haiti, Nicaragua and Sudan until January 2, 2020. TPS beneficiaries from El Salvador, Haiti, Nicaragua and Sudan who properly re-registered during the most recent Registration period DO NOT need to file a new application for re-registration. The extension automatically extends TPS for individuals from those four countries to...

In the event of a labor strike, it is important that both H-1B employees and employers understand their respective rights and responsibilities. Rights of H-1B Employees Generally speaking, in order to maintain valid H-1B status in the United States, an H-1B employee is required to remain employed with her H-1B employer, under the terms set forth in the H-1B petition. In the absence of a strike, a failure to remain employed...

David Kolko and Jennifer Casey are both very pleased to announce that effective January 1, 2019, our law firm, Kolko & Associates, P.C., has changed its name to Kolko & Casey, P.C.  With the addition of Jennifer Casey to the ownership team, the firm is continuing its evolution for the future.  With seven attorneys and extensive legal experience in the field of U.S. Immigration Law, the firm will continue to serve...

Temporary Protected Status or TPS, is a temporary immigration benefit for individuals from a country that is experiencing ongoing armed conflict, environmental disaster, or another temporary serious condition. Individuals who are granted TPS receive two main benefits: 1) protection from deportation/removal; and 2) authorization to work in the United States. In September 2017 the Trump Administration decided to end TPS for Sudan. In November, the administration decided to end TPS for...

When the Trump administration announced that the Deferred Action for Childhood Arrivals (DACA) program would be terminated, they directed the U.S. Department of Homeland Security (DHS) to reject all initial applications received after September 05, 2017, and reject all renewal applications filed after October 05, 2017. We now find ourselves over a year later and the overall fate of the DACA program remains unclear. Previous DACA recipients may still continue to...

On December 4, 2018, Mr. Carlos Rojo-Ramirez, of Colorado, through his attorneys David. L. Kolko and Jennifer Casey (Kolko & Associates, P.C.), challenged President Trump’s unlawful designation of Matthew G. Whitaker as Acting Attorney General of the United States. In Rojo-Ramirez v. Trump, et. al., (18-cv-03125), filed in the U.S. District Court for the District of Colorado, Mr. Rojo-Ramirez asserted that U.S. Immigration Judges are temporarily operating without any legal authority...

On November 9, 2018, President Trump issued a presidential proclamation suspending the entry of aliens through the southern border of the United States at any location other than a port of entry, or international bridge. On the same day, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) issued a related federal rule barring asylum seekers from qualifying for asylum if they enter the United States in violation...

United States Citizenship and Immigration Services (USCIS) has proposed a new rule making changes to the annual selection process for H-1B visas. H-1B visas are currently limited to 65,000 per fiscal year, with an additional 20,000 “Master’s cap” H-1B visas available to workers with a Master’s degree from a U.S. university. Each year for the past several years, the demand for H-1B visas has far outpaced this statutory limitation. The result...

The Department of Homeland Security (DHS) has advised that it is on track to issue a Notice of Proposed Rulemaking (NPRM) by the end of the year that would rescind the rule permitting employment authorization for certain H-4 spouses. This timeline was announced in a court filing last month by DHS in the ongoing litigation around the H-4 employment authorization regulations. H-4 non-immigrants are the spouses and children of non-immigrants in...

If you were issued a two-year lawful permanent resident card, this means that your residency status is conditional and you will need petition to remove the conditions on your residency. This is done by filing Form I-751, Petition to Remove Conditions on Residency with United States Citizenship and Immigration Services (USCIS) during the 90-day window prior to the expiration of your conditional residency card. Lately, USCIS is taking well over 18...

It has been almost one year since U.S. Attorney General, Jeff Sessions announced that the government was terminating Deferred Action for Childhood Arrivals (DACA), a program which offers work permits and deportation relief to undocumented immigrants brought to the U.S. as children. However, thanks to multiple lawsuits filed in Federal Courts across the country, challenging the legality of the termination of DACA, the U.S. Citizenship and Immigration Services (USCIS) has continued...