Among the announcements made during President Obama’s administrative immigration reform on November 20, 2014, was the announcement that USCIS is being directed to clarify the term “same or similar” pursuant to AC21. DHS Secretary Jeh Johnson directed USCIS to issue written guidance clarifying what constitutes a “same or similar” job under current law. Secretary Johnson cites a difficulty with qualified immigrants seeking new job opportunities or promotion opportunities due to the...

As a part of President Obama’s executive actions announced on November 20, 2014, the United States Citizenship and Immigration Service (USCIS) announced that it will allow the spouses and children of lawful permanent residents and the adult children of U.S. citizens to apply for the Provisional Unlawful Presence Waiver, also known as the I-601A Waiver. The Provisional Unlawful Presence Waiver is a powerful tool that helps reduce the amount of time...

On November 20, 2014, the United States Citizenship and Immigration Service (USCIS) announced a new program to promote citizenship and the naturalization process. Beginning in 2015, USCIS will be conducting a program aimed at lawful permanent residents who are eligible to apply for naturalization.  The program will seek to promote citizenship education and raise public awareness. To further encourage eligible permanent residents to apply for naturalization, USCIS will also be accepting...

Posted by Zuzana Geremes, Paralegal Part of President Obama’s executive order on administrative immigration reforms promulgated on November 20, 2014, is the implementation of a change in the current regulations regarding employment authorization for certain spouses (H-4 dependents) of foreign nationals working in the United States on H-1B visas. Under the existing regulations, the spouse of an H-1B specialty worker is eligible to receive an H-4 visa. Although the H-4 visa...

Senior Associate Attorney Jennifer Casey was recently published in an opinion piece featured on Fox News Latino. Jennifer addressed the media’s frequent mischaracterization of President Obama’s Executive Action on Immigration as “Legalization.” Jennifer's Op-Ed is copied below, and can be found on Fox News Latino's website here: http://latino.foxnews.com/latino/opinion/2014/11/24/opinion-immigration-attorneys-plea-to-media-stop-using-l-word/ ******************************************************************************** Opinion: An immigration attorney’s plea to the media: Stop using the 'L' word By Jennifer Casey- Published November 24, 2014 - Fox...

On November 20, 2014, President Obama announced a variety of executive measures that his administration will undertake in order to improve and enhance the current immigration system in the United States and to positively impact the U.S. economy.  One of these measures is to clarify “specialized knowledge” for purposes of the L-1B Intracompany Transferee Program. Under the L-1B Program, a multinational company is permitted to transfer employees possessing “specialized knowledge” in...

On November 20, 2014, President Obama announced a range of executive measures that the administration will take to improve the functioning of the United States immigration system. As a part of these measures, the administration is changing the eligibility requirements for the Deferred Action for Childhood Arrivals (DACA) program to increase the number of individuals who are eligible to apply. DACA was first announced on June 15, 2012 as an administrative...

On November 20, 2014, President Obama announced a variety of executive administrative measures that his administration will undertake in order to improve and enhance the current immigration system in the United States.  A number of the President’s initiatives are aimed at U.S. businesses, foreign investors, researchers, inventors and foreign workers. In an effort to grow the U.S. economy and create jobs, the President announced that U.S. Department of Homeland Security (DHS)...

On November 20, 2014, President Barack Obama announced the implementation of a wide range of administrative measures that the administration will undertake in an effort to improve the functioning of the American immigration system. One of the initiatives announced by the President is the Deferred Action for Parental Accountability (DAPA) Program.  This program provides temporary immigration benefits to certain parents of U.S. citizen and lawful permanent resident children. In order to...

On November 20, 2014, related to the President’s executive order on administrative immigration reforms, Homeland Security Secretary Jeh Johnson issued a memorandum directing USCIS to issue guidance on the definition of “extreme hardship.” “Extreme hardship” is a legal term of art, and is the basis for qualifying for various types of waivers, including an unlawful presence waiver prior to immigrating to the United States. This is a very commonly sought waiver...

Department of Homeland Security (DHS) Secretary Jeh Johnson has designated Sierra Leone, Liberia and Guinea for Temporary Protected Status (TPS) for a period of 18 months. The Secretary has determined that due to the outbreak of the Ebola virus in Liberia, Sierra Leone and Guinea, these countries are experiencing extraordinary and temporary conditions that prevent their nationals from returning in safety and that permitting such aliens to temporarily remain in the...

Pro-immigration advocates expect the White House to announce administrative relief to millions of undocumented individuals currently residing inside the United States. The President has signaled that he would act on his own before the end of the year if Congress does not act. Pressure has been mounting on the White House to act in the absence of a comprehensive immigration reform law from Congress. The immigration system is overloaded and the...

Immigration and Customs Enforcement ("ICE") announced yesterday that it would be closing its controversial family detention center in Artesia, New Mexico, by the end of the year. ICE, in claiming that the Artesia facility had always been temporary in nature, announced that a new residential facility in Dilley, Texas, would be operational by December. The Artesia facility opened in response to a surge in Central American refugee seekers in the spring...

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...