Under the Colorado Employment Verification Law (C.R.S. 8-2-122), all public and private employers who contract business in the state of Colorado are required to complete and retain the Colorado Affirmation Form for each employee hired on or after January 1, 2007.  The Colorado Affirmation Form must be completed by the employer within 20 calendar days of the employee’s hire. On September 1, 2014, the Colorado Department of Labor issued a revised...

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 Sudan...

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...

  This week, the Board of Immigration Appeals issued a landmark ruling, Matter of A-R-C-G, recognizing domestic violence survivors as a particular social group under American asylum law. The decision expands the domestic violence social group and clarifies the state of the law for other people seeking refuge in the United States when their governments cannot or will not help them. The respondent in A-R-C-G- was a Guatemalan woman who had...

  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...

Kolko & Associates, P.C. is pleased to announce that its own Senior Associate Attorney Bryon M. Large is being named Attorney of the Year by the Colorado GLBT Bar Association. Bryon's work over the past year is being recognized for his advocacy in the field of LGBT immigration, as well as for assuring access to immigration benefits by countless same-sex couples throughout Colorado. In June 2013, following the landmark Windsor v. United...

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 reduces...

This past Sunday, the Denver Post ran an article discussing a local effort to mobilize assistance to help out in the present refugee crisis at our border. Managing Attorney, David Kolko, was featured in the report.   The article, available here, discusses how local attorneys and non-governmental organizations are coordinating efforts to provide assistance to children who end up in Colorado. Mr. Kolko, as the current Chair of the Colorado Chapter...

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.   While this is a positive development for many individuals without lawful immigration status in the United States, those interested in applying for a Colorado State identification document under...

As of July 3, 2014, Beneficiaries of approved H-1B Petitions authorizing an October 1, 2014 start date may apply for their H-1B visas at U.S. Consular Posts abroad.   H-1B Beneficiaries who have not been approved for a “change of status” in the United States and instead are required to apply for an H-1B visa abroad prior to admission into the United States in H-1B status can now begin the visa...

Early last week, the President addressed immigration reform from the Rose Garden of the White House. Clearly frustrated by Congressional inaction, the President indicated that he would move forward using his existing legal authorities, to “fix as much of our immigration system” as possible. The White House was informed in late-June that the Speaker of the House of Representatives would not move immigration reform legislation to the floor of the House...

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 as...

Each year, the American Immigration Lawyers Association ("AILA") hosts an annual conference showcasing the country's leading experts in their fields of immigration law. All of the attorneys from our firm attended the conference, held this year in Boston. The AILA Annual Conference presents an opportunity for attorneys to develop their skills and hone their education by attending lectures and panels on advanced immigration topics. The AILA Annual Conference not only allows...

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 evidence...

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...

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...

  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...

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...