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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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1090 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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3771 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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1047 Hits

USCIS Proposes a Pre-Registration Period for the Cap-Subject H-1B Visa Program

USCIS Proposes a Pre-Registration Period for the Cap-Subject H-1B Visa Program
United States Citizenship and Immigration Services (USCIS) has proposed a new rule making changes to the annual selection process for H-1B visas. H-1B visas are currently limited to 65,000 per fiscal year, with an additional 20,000 “Master’s cap” H-1B visas available to workers with a Master’s degree from a U.S. university. Each year for the past several years, the demand for H-1B visas has far outpaced this statutory limitation. The result...
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1058 Hits

DHS Intends to Publish Proposed Rule Rescinding H-4 Work Authorization by End of Year

DHS Intends to Publish Proposed Rule Rescinding H-4 Work Authorization by End of Year
The Department of Homeland Security (DHS) has advised that it is on track to issue a Notice of Proposed Rulemaking (NPRM) by the end of the year that would rescind the rule permitting employment authorization for certain H-4 spouses. This timeline was announced in a court filing last month by DHS in the ongoing litigation around the H-4 employment authorization regulations. H-4 non-immigrants are the spouses and children of non-immigrants in...
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1006 Hits

Can I Apply for U.S. Citizenship if My I-751 Petition to Remove Conditions is Still Pending?

Can I Apply for U.S. Citizenship if My I-751 Petition to Remove Conditions is Still Pending?
If you were issued a two-year lawful permanent resident card, this means that your residency status is conditional and you will need petition to remove the conditions on your residency. This is done by filing Form I-751, Petition to Remove Conditions on Residency with United States Citizenship and Immigration Services (USCIS) during the 90-day window prior to the expiration of your conditional residency card. Lately, USCIS is taking well over 18...
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10420 Hits

What is happening with DACA? Where we are, and we where we could be heading…

What is happening with DACA? Where we are, and we where we could be heading…
It has been almost one year since U.S. Attorney General, Jeff Sessions announced that the government was terminating Deferred Action for Childhood Arrivals (DACA), a program which offers work permits and deportation relief to undocumented immigrants brought to the U.S. as children. However, thanks to multiple lawsuits filed in Federal Courts across the country, challenging the legality of the termination of DACA, the U.S. Citizenship and Immigration Services (USCIS) has continued...
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1613 Hits

Supreme Court Upholds Trump Administration Travel Ban

Supreme Court Upholds Trump Administration Travel Ban
  On June 26, the United States Supreme Court issued its decision in the closely watched “Travel Ban” case, Trump v. Hawaii. The Court found that the Trump administration was within its authority in issuing Proclamation No. 9645, which suspends the issuance of visas to foreign nationals of seven countries. The Proclamation at issue was the third iteration of travel bans issued by the Trump Administration, which have been the subject...
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1334 Hits

TPS Beneficiaries from Nepal Must Re-register before July 23, 2018

TPS Beneficiaries from Nepal Must Re-register before July 23, 2018
On May 22, 2018, United States Citizenship and Immigration Services (USCIS) announced that the final registration period for Temporary Protected Status (TPS) for citizens of Nepal is open and beneficiaries must re-register before July 23, 2019. Beneficiaries of TPS from Nepal are currently granted protection and employment authorization until June 24, 2018.  Due to the anticipated delay in processing the re-registration applications, USCIS has automatically extended employment authorization for all Nepalese...
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1181 Hits

USCIS Announces Completion of Receipt for H-1B Cap-Subject Petitions for FY 2019

USCIS Announces Completion of Receipt for H-1B Cap-Subject Petitions for FY 2019
On May 15, 2018, United States Citizenship and Immigration Services (USCIS) announced that it had completed its electronic data entry for receipt of all H-1B Cap-Subject Petitions selected for Fiscal Year 2019. USCIS previously announced on April 11, 2018 that it had completed the random selection process for H-1B Cap-Subject Petitions. The May 15 announcement indicates that each of those H-1B Cap-Subject Petitions which were selected under this “cap” have now...
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1272 Hits

Life After TPS: Evaluate Your Options

Life After TPS: Evaluate Your Options
In recent months the Trump Administration has terminated the Temporary Protected Status (TPS) Program for multiple countries and is reviewing the continued designation of several others. TPS for Hondurans was terminated and will only continue through July 5, 2018. The TPS designation for Nicaragua will terminate on January 5, 2019. TPS for individuals from Haiti was also terminated and the protected status will only continue through July 22, 2019. Individuals from...
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  1859 Hits
1859 Hits

Submit DACA Renewal Applications Now

Submit DACA Renewal Applications Now
Due to a Federal Court Order directing the U.S. Citizenship and Immigration Service (USCIS) to resume accepting renewal applications for Deferred Action for Childhood Arrivals (DACA), individuals currently holding DACA and people whose DACA expired on or after September 5, 2016 are encouraged to submit DACA renewal applications to USCIS immediately. It is widely known that on September 5, 2017, President Trump terminated the DACA Program. (See DHS Rescinds the DACA Program)....
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3691 Hits

Temporary Protected Status for El Salvador set to end September 09, 2019

Temporary Protected Status for El Salvador set to end September 09, 2019
On January 08, 2018, the Secretary of the Department of Homeland Security announced her decision to end the Temporary Protected Status (TPS) designation for El Salvador. TPS provides temporary lawful status and work authorization to people already in the United States from countries affected by armed conflict, natural disaster or other strife. El Salvador was first designated by George W. Bush in March 2001 following a series of earthquakes, and has...
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  1152 Hits
1152 Hits

Federal Judge orders DHS to resume processing DACA renewal applications for all current and prior DACA recipients

Federal Judge orders DHS to resume processing DACA renewal applications for all current and prior DACA recipients
On January 9, 2018, Federal Court Judge William Alsup from the Federal District Court in San Francisco, California ordered the Department of Homeland Security (DHS) to resume processing applications for renewal of Deferred Action for Childhood Arrivals (DACA) while an on-going legal challenge to the Trump Administration’s rescission of the DACA program is resolved. Judge Alsup’s order applies nationwide to all current/prior DACA holders. In June 2012, the Obama Administration announced...
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  2453 Hits
2453 Hits

David Kolko named to 5280 Magazine’s Top Lawyers 2018

David Kolko named to 5280 Magazine’s Top Lawyers 2018
Kolko & Associates, P.C. is pleased to announce that for the third year in a row, Managing Partner David Kolko has been selected as one of 5280 Magazine’s Top Lawyers. Congratulations David! For more information regarding Managing Partner David Kolko or the legal services that we offer at Kolko & Associates, P.C., please contact our office.
  2809 Hits
2809 Hits

Supreme Court Allows Trump Travel Ban to Take Effect

Supreme Court Allows Trump Travel Ban to Take Effect
On December 04, 2017, the U.S. Supreme Court ruled that the third version of President Trump’s travel ban will be allowed to go into effect. Although other legal challenges are still making their way through the court system, as of December 08, 2017, restrictions went into effect limiting travel for people from eight nations. Effect of the Supreme Court’s order: In practical terms, the orders issued by the U.S. Supreme Court,...
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  2025 Hits
2025 Hits

Trump Administration ends TPS for Haitians, ominous signs for other foreign nationals on TPS

Trump Administration ends TPS for Haitians, ominous signs for other foreign nationals on TPS
On November 20, 2017, the Department of Homeland Security (DHS) Acting Secretary, Elaine Duke announced it would end Temporary Protected Status (TPS) for Haiti. Haiti is the third country to have TPS terminated under the Trump Administration, following announcements to terminate TPS for Sudan and Nicaragua in September and November 2017. TPS was established by Congress in 1990 as a way to provide humanitarian relief to foreign nationals already residing in...
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  1247 Hits
1247 Hits

Trump Announces Nominee for DHS Secretary

On Wednesday, October 11 the White House announced that President Trump will nominate Kristjen Nielsen to serve as the new Secretary for the Department of Homeland Security.  Elaine Duke has been Acting Homeland Security Secretary since General John Kelly left the post to serve as White House Chief of Staff in July. Nielsen is currently the principal Deputy Chief of Staff to Kelly and served in DHS as Kelly's Chief of...
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  1049 Hits
1049 Hits

Termination of TPS for Beneficiaries of Sudan effective November 2, 2018

On September 18, 2017, the Department of Homeland Security (DHS) announced that the designation for Temporary Protected Status (TPS) for Sudan would be terminated on November 2, 2018. The Acting Secretary of DHS, Elain Duke, accounced that she has determined that the conditions in Sudan no longer support its designation for TPS.  Sudan was originally designated for TPS in 1997, due to the ongoing armed conflict and civil war. The country...
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  974 Hits
974 Hits

Trump Issues Presidential Proclamation Expanding and Finalizing Travel Ban

On September 24, 2017, the Trump Administration issued a Presidential Proclamation to finalize the determinations on banning travel from certain designated countries in particular visa categories, pursuant to President Trump's March 6, 2017 Executive Order.  The Proclamation, entitled "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats," announces seven designated countries from which entry and visa issuance will be restricted, based...
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  1191 Hits
1191 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.