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Attorney General Releases Two Decisions Limiting Eligibility for Immigration Relief based on Criminal History

Attorney General Releases Two Decisions Limiting Eligibility for Immigration Relief based on Criminal History
Last Friday, on October 25, 2019, the U.S. Attorney General William Barr decided two cases that could have a significant impact on an individual’s eligibility for certain types of immigration relief. Both cases pertain to an individual’s criminal history and its impact on his or her ability to remain in the United States. In Matter of Castillo-Perez, the Attorney General held that an individual with two or more convictions for driving...
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2980 Hits

New Health Insurance Requirements for Immigrant Visa Applicants

New Health Insurance Requirements for Immigrant Visa Applicants
On October 4, 2019, President Trump issued a “Presidential Proclamation on Health Care,” declaring that all people applying for immigrant visas to the United States (processed at U.S. consulates abroad) must demonstrate that they either will be covered by approved health insurance within 30 days of entry or have the financial resources to pay for reasonably foreseeable medical costs. The failure to demonstrate this requirement will result in the denial of...
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2354 Hits

ICE Announces Implementation of Expanded Expedited Removal

ICE Announces Implementation of Expanded Expedited Removal
United States Immigration and Customs Enforcement ("ICE") has announced a new policy, scheduled to be in effect as of September 1, 2019, to expand the use of "expedited removal" to deport noncitizens from the United States. The Trump Administration had directed Department of Homeland Security ("DHS") in 2017 to expand the use of expedited removal. This new policy announcement is implementation of those directives, and means that the use of expedited...
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1742 Hits

DACA Update – Supreme Court to Review Challenges to Termination of DACA Program

DACA Update – Supreme Court to Review Challenges to Termination of DACA Program
On September 05, 2017, the Trump administration announced that it would terminate the Deferred Action for Childhood Arrivals (DACA) program. Now, nearly two years later, the U.S. Supreme Court has agreed to review the legal challenges to the program. The Supreme Court will hear arguments from parties from both sides of the issue on November 12, 2019. Which means a decision on the case is expected no later than June 2020....
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2803 Hits

USCIS Announces Major Changes to Public Charge Ground of Inadmissibility

USCIS Announces Major Changes to Public Charge Ground of Inadmissibility
Yesterday, the U.S. Department of Homeland Security (DHS)’s U.S. Citizenship and Immigration Services (USCIS) announced a final rule that will transform how USCIS interprets and implements the “public charge” ground of inadmissibility under Section 212(a)(4) Immigration and Nationality Act (INA). This new rule is a major change from prior policy and affects all people applying to receive lawful permanent residency through the adjustment of status process in the United States, including...
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3242 Hits

Federal District Court Judge Blocks Trump's Third Country Asylum Rule

Federal District Court Judge Blocks Trump's Third Country Asylum Rule
As outlined in our blog, “Trump Administration Issues New Third Country Asylum Rule,” the new third-country asylum rule bars anyone (other than a citizen of Mexico) who travels from another country to the United States by land from qualifying for asylum unless he or she first seeks asylum in a third country. However, on July 24, 2019, U.S. District Judge Jon Tigar of San Francisco, California issued a preliminary injunction which...
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25528 Hits

Trump Administration Issues New Third Country Asylum Rule

Trump Administration Issues New Third Country Asylum Rule
  UPDATE: On July 24, 2019, U.S. District Judge Jon Tigar of San Francisco, California issued a preliminary injunction which has temporarily stopped the Trump administration’s third-country asylum bar from going into effect. Earlier on the same day, a U.S. District Judge in Washington D.C. declined to issue a preliminary injunction in a similar suit. However, the decision of the U.S. District Judge in San Francisco a few hours later temporarily...
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2081 Hits

USCIS Denver Field Office changes InfoPass Appointment Policy

USCIS Denver Field Office changes InfoPass Appointment Policy
In the past, Applicants for immigration benefits, their representatives, and other stakeholders were able to go online to schedule an appointment with U.S. Citizenship and Immigration Service (USCIS) at their local field office. These appointments, called InfoPass appointments, are an important tool to help people navigate the immigration system and allowed peopled to ask questions about a pending case, check the status of a case, and/or receive important documents related to...
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6641 Hits

Implications of Social Media Question on DS-160 and DS-260

Implications of Social Media Question on DS-160 and DS-260
The U.S. Department of State is now asking applicants for immigrant and nonimmigrant visas to provide information about their social media accounts. The U.S. Department of State has added a social media question to Forms DS-160 and DS-260, the standard online applications for applicants seeking immigrant and nonimmigrant visas to the United States. The new question asks for social media usernames (or “handles”) used within the last five years for 20...
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6287 Hits

Trump Administration to Begin Increased Enforcement of Sponsors’ Financial Obligations Based on Affidavit of Support

Trump Administration to Begin Increased Enforcement of Sponsors’ Financial Obligations Based on Affidavit of Support
An Applicant/Beneficiary for an immigrant visa or for adjustment of status must demonstrate that he or she is not inadmissible due to his or her likelihood to become a public charge. This requirement is based upon the U.S. government’s concern that Applicants/Beneficiaries will become lawful permanent residents and then become reliant on public benefits such as the Supplemental Nutrition Assistance Program (SNAP or “food stamps”) or Temporary Assistance for Needy Families...
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3751 Hits

Potential ICE Raids: Know Your Rights

Potential ICE Raids: Know Your Rights
  **Updated July 14, 2019 If you or your family members are impacted by ICE Raids, please call the Colorado Rapid Response Network for assistance 1-844-864-8341  There have been widespread reports this past weekend that Immigration and Customs Enforcement (ICE) may conduct raids throughout major cities in the United States, including Denver. The raids may target individuals who have been ordered removed/deported but remained in the United States. It is vital...
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8325 Hits

Increasing uncertainty and unpredictability in H-1B adjudications

Increasing uncertainty and unpredictability in H-1B adjudications
Last week, the U.S. Citizenship and Immigration Services (USCIS) received 201,011 H-1B petitions subject to the annual cap for Fiscal Year (FY) 2020. The Agency confirmed that on April 10, 2019, it completed its computer-generated selection process to select sufficient H-1B petitions to meet both the regular cap of 65,000 petitions and the advanced degree (master’s) cap of 20,000 petitions. In light of these numbers, employers have just over a 40%...
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2133 Hits

Two Top Honors - David Kolko, Kolko & Casey, P.C. - Denver Colorado

Two Top Honors -  David Kolko, Kolko & Casey, P.C. - Denver Colorado
Kolko and Casey, P.C. announces the 2019 selection of Managing Attorney, David Kolko for two esteemed honors in the field of immigration law, from both 5280 Magazine and Super Lawyers. Both these recognitions, which are based upon recommendations from peers in the immigration legal field, confirm what we already know: That we are fortunate for the experience and dedication of David Kolko at the head of our firm. For the fourth...
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14345 Hits

TPS Extended through January 2, 2020 for El Salvador, Haiti, Nicaragua & Sudan

TPS Extended through January 2, 2020 for El Salvador, Haiti, Nicaragua & Sudan
On February 28, 2019 the Department of Homeland Security announced that it was extending Temporary Protected Status (TPS) for individuals from El Salvador, Haiti, Nicaragua and Sudan until January 2, 2020. TPS beneficiaries from El Salvador, Haiti, Nicaragua and Sudan who properly re-registered during the most recent Registration period DO NOT need to file a new application for re-registration. The extension automatically extends TPS for individuals from those four countries to...
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  10623 Hits
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10623 Hits

Strike! Rights and responsibilities of H-1B employers and employees during a labor strike

Strike! Rights and responsibilities of H-1B employers and employees during a labor strike
In the event of a labor strike, it is important that both H-1B employees and employers understand their respective rights and responsibilities. Rights of H-1B Employees Generally speaking, in order to maintain valid H-1B status in the United States, an H-1B employee is required to remain employed with her H-1B employer, under the terms set forth in the H-1B petition. In the absence of a strike, a failure to remain employed...
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8829 Hits

2019 Brings Changes to Firm Ownership and Firm Name: Kolko & Casey, P.C.

2019 Brings Changes to Firm Ownership and Firm Name: Kolko & Casey, P.C.
David Kolko and Jennifer Casey are both very pleased to announce that effective January 1, 2019, our law firm, Kolko & Associates, P.C., has changed its name to Kolko & Casey, P.C.  With the addition of Jennifer Casey to the ownership team, the firm is continuing its evolution for the future.  With seven attorneys and extensive legal experience in the field of U.S. Immigration Law, the firm will continue to serve...
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2011 Hits

Updates on the Termination of Temporary Status (TPS) by the Trump Administration

Updates on the Termination of Temporary Status (TPS) by the Trump Administration
Temporary Protected Status or TPS, is a temporary immigration benefit for individuals from a country that is experiencing ongoing armed conflict, environmental disaster, or another temporary serious condition. Individuals who are granted TPS receive two main benefits: 1) protection from deportation/removal; and 2) authorization to work in the United States. In September 2017 the Trump Administration decided to end TPS for Sudan. In November, the administration decided to end TPS for...
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2876 Hits

Fate of DACA Still Unclear

Fate of DACA Still Unclear
When the Trump administration announced that the Deferred Action for Childhood Arrivals (DACA) program would be terminated, they directed the U.S. Department of Homeland Security (DHS) to reject all initial applications received after September 05, 2017, and reject all renewal applications filed after October 05, 2017. We now find ourselves over a year later and the overall fate of the DACA program remains unclear. Previous DACA recipients may still continue to...
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1741 Hits

Lawsuit Challenges Power of Immigration Judges to Hear Cases Due to Unlawful Designation of their Delegating Authority: Acting Attorney General Matthew Whitaker

Lawsuit Challenges Power of  Immigration Judges to Hear Cases Due to Unlawful Designation of their Delegating Authority: Acting Attorney General Matthew Whitaker
On December 4, 2018, Mr. Carlos Rojo-Ramirez, of Colorado, through his attorneys David. L. Kolko and Jennifer Casey (Kolko & Associates, P.C.), challenged President Trump’s unlawful designation of Matthew G. Whitaker as Acting Attorney General of the United States. In Rojo-Ramirez v. Trump, et. al., (18-cv-03125), filed in the U.S. District Court for the District of Colorado, Mr. Rojo-Ramirez asserted that U.S. Immigration Judges are temporarily operating without any legal authority...
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5361 Hits

Federal Judge Stops Presidential Proclamation on Asylum at the Southern Border

Federal Judge Stops Presidential Proclamation on Asylum at the Southern Border
On November 9, 2018, President Trump issued a presidential proclamation suspending the entry of aliens through the southern border of the United States at any location other than a port of entry, or international bridge. On the same day, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) issued a related federal rule barring asylum seekers from qualifying for asylum if they enter the United States in violation...
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1676 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.