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...

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...

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...

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...

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...

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...