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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
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
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
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  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
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
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

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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
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
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
Tagged in: Immigration TPS
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
U.S. Supreme Court Declares Section 3 of DOMA Unconstitutional, Provides Important Opportunity for Same-Sex Married Couples to Receive Immigration Benefits. In 1993, the U.S. Congress enacted the so-called Defense of Marriage Act (DOMA). Section 3 of DOMA barred the federal government, including the Department of Homeland Security (DHS), from recognizing any marriage that was not between one man and one woman. Under DOMA, DHS could not approve an immigration petition filed

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Kolko & Casey, P.C. is a full service immigration and naturalization law firm providing professional legal services to individuals and businesses throughout Colorado, the Rocky Mountain West, the United States, and the World. Our professional staff speaks English, Spanish, Korean, and Portuguese and we can arrange for translators in any other language.