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DACA 3-Year Approvals Reduced to 2 Years

DACA 3-Year Approvals Reduced to 2 Years
In the wake of the pending litigation and injunction in Texas regarding the new deferred action programs for students and parents, a federal judge has ordered USCIS to be in full compliance of an injunction he previously issued. There are thought to be approximately 2,000 employment authorization documents (EAD’s) circulating that are not in compliance. Over the past several weeks, USCIS has been sending notices to DACA recipients who are affected....
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4910 Hits

ICE publishes new guidance on care of transgender detainees

ICE publishes new guidance on care of transgender detainees
US Immigration and Customs Enforcement (ICE) published new guidance in June on the care of transgender adults in immigration detention, in a Memorandum titled "Further Guidance Regarding the Care of Transgender Detainees." The Memorandum provides guidelines in several areas of detainee care, including intake procedures, determining housing placement, medical care, conducting searches, and access to clothing and commissary hygiene products. Notably, the guidance provides that transgender individuals may be assigned housing...
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3001 Hits

How do I write a hardship letter?

How do I write a hardship letter?
We do a fair number of hardship waivers in our office each year, and I am frequently asked by my clients how to write a good hardship letter. While many attorneys have different styles for putting together a hardship waiver application, most attorneys will agree that the letter is one of the most important pieces of the case. The difficult part about a hardship letter is that the attorney shouldn’t write...
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127382 Hits

State Department announces that U.S. Embassies and Consulates are back online

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The U.S. Department of State has announced that the worldwide "Visa Freeze" is over, and U.S. Embassies and Consulates around the world are able once again to schedule visa interviews and issue U.S. visas. The State Department expects that the backlog of cases should be cleared by this week. The separate problems with the online fee payment system and the online application for immigrant visas have not been resolved. The State...
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2672 Hits

Senior Associate Attorney Bryon M. Large, Sr. Reelected to AILA Board of Governors

Senior Associate Attorney Bryon M. Large, Sr. Reelected to AILA Board of Governors
Kolko & Associates, P.C. is proud to announce that Senior Associate Attorney Bryon M. Large, Sr. has been reelected to serve on the Board of Governors of the American Immigration Lawyers Association (AILA). AILA is a professional organization of more than 14,000 attorneys and law professors who practice and teach immigration law. The Board of Governors is AILA’s principal governing body and responsible for determining the Association’s policies. The Board is...
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2617 Hits

State Department technological problems result in worldwide “Visa Freeze”

State Department technological problems result in worldwide “Visa Freeze”
The U.S. State Department has announced that due to a computer hardware failure, it is currently unable to issue most immigrant and nonimmigrant visas. The technical problem impacts visas that were approved on or after June 8, 2015. In addition, the State Department announced that due to the technical issue, visa applications filed on or after June 9, 2015 could not be scheduled for interview. Thus, in most cases, people who...
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2459 Hits

Kolko Attorneys Attend National AILA Conference

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This week, the attorneys from Kolko & Associates, P.C., are off to the annual conference of the American Immigration Lawyers Association (AILA). AILA is a 14,000 member strong association of immigration attorneys from around the world practicing American immigration law. Each year, AILA hosts a major annual conference in a different city. This year's conference is being held in National Harbor, MD, just outside of Washington, D.C. The AILA Annual Conference...
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2377 Hits

DHS Extends Temporary Protected Status (TPS) for Somalia

On June 1, 2015, Department of Homeland Security (DHS) Secretary Jeh Johnson announced the extension of the Temporary Protected Status (TPS) designation for Somalia for a period of 18 months, beginning September 18, 2015 and extending through March 17, 2017. Somali nationals (and eligible individuals without nationality who last resided in Somalia) previously granted TPS and who continue to meet the eligibility requirements for TPS may re-register during the 60-day period...
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2356 Hits

Immigration Court Backlog Continues to Rise

Denver Immigration Court
The Transactional Records Access Clearinghouse (TRAC) recently reported that the backlog for the immigration courts grew to an astounding 445,607 as of April 30, 2015, nationwide. The backlog appears to be the result of a changed focus for the courts to hearing cases involving recent arrivals and unaccompanied minors. Representing 15.7% of the docket, unaccompanied minors cases appear to be moving quickly as there were just over 700 fewer cases at...
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2314 Hits

DMV Expands License Program

Colorado Drivers License
The Colorado Department of Revenue announced earlier this month an expansion of the driver license program under the Colorado Road Community Safety Act. Beginning June 1, the Colorado Springs and Grand Junction offices will resume appointments to issue licenses for those unable to demonstrate lawful presence in the United States. The program had previously been dramatically scaled down under political pressure and budget cuts in the state legislature. Applicants must schedule...
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3311 Hits

DAPA Program to Remain on Hold

Today, the Fifth Circuit Court of Appeals announced a decision to maintain the hold in place on the current DAPA program, pending litigation in Texas. This spring, Texas and various other states sued to keep this program from happening, alleging that it would economically harm those states. A federal judge in Texas agreed, and halted the program until a full hearing could take place on the program. Attorneys for the Department...
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2443 Hits

USCIS to Begin Accepting Applications for Employment Authorization Documents for Certain H-4 Spouses on May 26, 2015

On May 26, 2015, USCIS will begin accepting applications for employment authorization (Form I-765) for certain spouses of H-1B foreign national workers. The H-1B foreign worker must 1) be in valid H-1B status in the United States and 2) must also be the beneficiary of an approved I-140 immigrant visa petition for an alien worker. If the principal H-1B holder meets both of these requirements, his or her spouse who is...
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2197 Hits

Delays Continue at USCIS Denver Field Office

Attorneys and clients alike are experiencing frustration with the processing times of cases at the local USCIS office.  On April 13, 2015, the Denver Field Office issued a processing time report, which is essentially a snapshot of the cases they were working with on February 28, 2015.  On that date, the local office was processing I-485 Applications for Adjustment of Status that were filed on June 8, 2014, which represents a...
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4273 Hits

What is the status of President Obama’s DAPA and expanded DACA Programs?

We are patiently and optimistically waiting for the Fifth Circuit Court of Appeals to make a decision on whether to allow the Department of Homeland Security to implement the DAPA and expanded DACA programs while the Courts decide whether the DAPA and DACA programs themselves are legal. On November 20, 2014, President Obama announced that his administration would implement a Deferred Action program for Parents of American Citizens and Residents (DAPA)...
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2640 Hits

Kolko Attorneys Appointed to National Committees at AILA

The American Immigration Lawyers Association (AILA) has selected several of our attorneys to participate on national committees related to the practice of immigration law. It is an honor for our Firm to have nationally-known attorneys be recognized for their work and selected as leaders in the community. Managing Partner David Kolko has been asked to join the USCIS Field Operations Liaison Committee. The committee operates as a liaison between AILA and...
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2438 Hits

Relief for Nepali Nationals Announced

Today, USCIS announced some limited relief for Nepali citizens in the United States, in the wake of last week’s devastating earthquake.  While the agency stopped short of granting Temporary Protected Status, otherwise known as TPS, the agency did provide an array of temporary immigration relief for some Nepalese citizens. Among the protections announced, USCIS can grant the following: Change of status or extension of status, even if the applicant is currently...
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2286 Hits

Denver Immigration Court Judges to Resume Hearing Certain Local “Non-Priority” Removal Cases

Denver Immigration Court Judges to Resume Hearing Certain Local “Non-Priority” Removal Cases
In July of 2014, as a response to the so-called “surge” of foreign nationals arriving at the southern border, the U.S. Department of Justice (DOJ) issued a directive instructing all U.S. Immigration Courts to prioritize the following removal cases: 1) recently arrived unaccompanied children 2) recently arrived families with children released on an Alternative to Detention program; 3) detained families with children; 4) other detained foreign nationals in removal proceedings. For...
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3175 Hits

Tenth Annual Immigrant Liberty Awards to Honor David Kolko with Pro Bono Service Award

The Colorado Chapter of the American Immigration Lawyers Association ("AILA") and the Rocky Mountain Immigrant Advocacy Network ("RMIAN") announced that they will present Managing Partner David Kolko with the Pro Bono Service Award at the 10th Annual Immigrant Liberty Awards on June 12, 2015. Mr. Kolko will be honored for his efforts in coordinating pro bono efforts to respond to the on-going humanitarian and refugee crisis along our southern border. Throughout 2014...
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  2468 Hits
2468 Hits

233,000 H-1B Petitions Filed under Cap for Fiscal Year 2016!

U.S. employers of all sizes use the H-1B visa program to employ foreign workers in professional level occupations that require specialized knowledge in their field. Many 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 petition...
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2434 Hits

For H-1B Employers, Change of Employee Work Site Location May Require Amended H-1B Petition

On April 9, 2015, the U.S. Citizenship and Immigration Service’s Administrative Appeals Office (AAO) issued an important decision that will impact thousands of H-1B employers across the country. In its precedential decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), the AAO held that when an H-1B employee changes his or her place of employment (worksite) to a new geographical area, it constitutes a “material change” in employment...
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3632 Hits

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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.