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Managing Partner David Kolko Becomes Chair of AILA Colorado

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...
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ICE Announces Agreement to Reopen Removal Proceedings for Individuals with Prior Removal Orders who are Eligible for Immigration Relief based on a Lawful Same-Sex Marriage

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...
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Colorado Drivers Licenses, Instruction Permits and Identification Cards for Undocumented Individuals Residing in Colorado

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...
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Local Law Enforcement Agencies Stop Honoring Immigration Detainers

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...
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2150 Hits

Obama Administration Proposes Rule Change to Allow Work Authorization for Spouses of Certain H-1B Workers in the United States

  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...
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Haitian TPS Reregistration Deadline Extended

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...
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Travel History Now Available Online

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...
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2123 Hits

What’s On the Horizon in Immigration

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...
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DACA Renewals to Begin Soon

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...
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Federal Court Victory! – Kolko v. Hale

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...
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2426 Hits

H-1B Cap for Fiscal Year 2015 Has Been Reached

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...
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2413 Hits

USCIS Releases DACA Statistics

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,...
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3127 Hits

Third-Country Processing for GLBT Immigrants

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...
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USCIS Announces Sua Sponte Reopening of Denied I-601A Waivers

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...
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2948 Hits

USCIS Provides Immigration Benefits for Same-Sex Married Couples, July 2013

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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Provisional Waivers for Unlawful Presence, March 2013

Kolko & Associates, P.C. is pleased to announce an important change in the immigration law with regard to the processing of waivers for the Unlawful Presence ground of inadmissibility. This new process is only available for spouses, children and certain parents of U.S. citizens (immediate relatives). Applicants applying for an Immigrant Visa to the United States are required to demonstrate that they are “admissible” to the United States. The Immigration and...
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4424 Hits

Deferred Action for Childhood Arrivals (DACA) Announced by the Obama Administration June 2012

Kolko & Associates, P.C., is pleased to report the expansion of a critical immigration program to benefit certain people that entered the United States as young children. The program, known as Deferred Action for Childhood Arrivals (“DACA”), was announced by the Secretary of Homeland Security on June 15, 2012 and the Department of Homeland Security (“DHS”) began accepting DACA applications on August 15, 2012. DACA is a discretionary determination by the...
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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.