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...

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...

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.

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,...

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...

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...

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...

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...

On September 5, 2017, the Department of Homeland Security (DHS) formally rescinded the Deferred Action for Childhood Arrivals (DACA) program established under the Obama Administration. The decision to rescind the program was announced by Attorney General Jeff Sessions and the DHS subsequently issued Frequently Asked Questions (FAQs) on its website regarding the terms of the rescission of the DACA program This rescission will have immediate and significant consequences for those who...

On Sunday, September 03, 2017, Politico.com reported that the White House has “unofficially confirmed” that the Trump Administration will end the Deferred Action for Childhood Arrivals (DACA) program, with a six-month delay. As of today, it is unclear whether this reported decision to end the DACA program is confirmed. ' Also unclear is the timeline and terms for termination of the program. Another major open question is whether those with DACA...

The U.S. Citizenship and Immigration Service (USCIS) has announced that starting on October 1, 2017, it will begin “phasing-in” mandatory in-person interviews on employment based applications for adjustment of status to lawful permanent residence (Form I-485) and petitions for relatives of asylees or refugees (Form I-730). The USCIS announced it will also begin incremental expansion of interviews for other type of applications for immigration benefits. The USCIS announcement is a significant...

On June 26, 2017, the U.S. Citizenship and Immigration Service (USCIS) issued a new edition of Form I-485, Application to Register Permanent Residence or Adjust Status. If an individual is eligible to apply for Lawful Permanent Residence status in the United States, he or she will file this form with USCIS. Starting August 25, 2017, USCIS will only accept this newest edition of Form I-485 (version date 06/26/2017). The new edition...

On August 16, 2017, the City of Denver issued Ordinance 17-0940, New Denver Public Safety Enforcement Priorities Proposal. The proposed ordinance was created to protect immigrants and refugees in the midst of increased federal immigration enforcement. Local immigration advocates, policy directors, and community organizers worked closely with Denver City Council members and Mayor Hancock’s Office to create this proposed ordinance, which memorializes Denver’s existing policies limiting the city’s role in federal...

On Monday, August 21, 2017, the U.S. Embassy in Moscow announced that it will temporarily stop issuing non-immigrant visas (NIVs), which include U.S. temporary visas for the purpose of business, work and tourism. The State Department has indicated that the decision to halt the issuance of NIVs is made as a direct response to the Russian President Vladimir Putin’s recent order to cut the personnel of the U.S. diplomatic missions in...

Denver, Colorado was within 90 percent coverage of the sun for the solar eclipse today.     Here's some of the Kolko & Associates, PC staff,  (safely) enjoying the view.   

The Deferred Action for Childhood Arrivals (DACA) program, a policy implemented by an Obama Executive Order in 2012 that protects young undocumented immigrants, is in the news again as both supporters and those in opposition to the program push the Trump Administration to make a decision about DACA’s future. Ten state Attorneys General, led Texas Attorney General Ken Paxton, sent a letter on June 29, 2017 to U.S. Attorney General Jeff...

On July 24, 2017, the U.S. Citizenship and Immigration Service (USCIS)  announced that it would resume Premium Processing of H-1B petitions for employers who are exempt from the annual H-1B Cap. This comes as very welcome news to employers who are struggling to fill critical specialty occupation positions within their organizations in a timely fashion. The H-1B visa program allows U.S. workers to sponsor qualified professional foreign nationals for employment in...

On July 17, 2017, the Department of Homeland Security (DHS) updated Federal Form I-9 Employment Eligibility Verification Form. Between July 17, 2017 and September 17, 2017, U.S. employers may use either the Form I-9 version date November 14, 2017 or version date July 17, 2017 for their newly hired employees. However, starting on September 18, 2017, all U.S. employers are required to complete Form I-9 version date July 17, 2017 for...

On Monday, June 26, 2017, the Supreme Court of the United States decided it will hear arguments in October on President Trump’s travel ban and that the current executive order can be enforced against individuals who lack “a credible claim of a bona fide relationship with a person or entity in the United States” while they examine the case. The Travel Ban The travel ban, which is sometimes referred to as...

On May 3, 2017, the United States Citizenship and Immigration Service (USCIS) announced that it has completed the lottery for all cap-subject H-1B petitions submitted for the Fiscal Year 2018 Cap. The annual limit for H-1B visas is 65,000 for foreign nationals holding a Bachelor’s Degree and an additional 20,000 for those holding a U.S. Master’s Degree. Between April 3, 2017 and April 7, 2017, USCIS received more than 199,000 H-1B...