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Department of Homeland Security Extends Temporary Protected Status (TPS) for Sudan and South Sudan; Redesignates TPS for South Sudan

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...
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Federal Form I-9: A Tightrope for Employers

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...
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Entering the United States? There’s an App for That!

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  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...
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CBP Issues New Customs Declaration Form, Expands Definition of Family

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...
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Bryon M. Large Elected to AILA Board of Governors

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...
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DACA Renewals Begin

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...
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ICE Announces Agreement to Reopen Removal Proceedings for Individuals with Prior Removal Orders who are Eligible for Immigration Relief based on a Lawful Same-Sex Marriage

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...
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Colorado Drivers Licenses, Instruction Permits and Identification Cards for Undocumented Individuals Residing in Colorado

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...
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Local Law Enforcement Agencies Stop Honoring Immigration Detainers

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...
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Haitian TPS Reregistration Deadline Extended

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...
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Travel History Now Available Online

This week, Customs and Border Protection (CBP) launched a new webpage where non-immigrant visitors can access not only their most recent Form I-94 Arrival/Departure record, but also their last five years of travel history. Until now, visitors had to file requests under the Freedom of Information Act to access their travel histories. These requests would frequently take months to yield results. Now, more recent entry and exit information is available at...
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What’s On the Horizon in Immigration

With Congress in a standstill in recent months on comprehensive immigration reform, the White House has asked the Secretary of Homeland Security, Jeh Johnson, to review current enforcement priorities in Washington. Secretary Johnson is reported to be in the midst of a thorough review of immigration law and agency memoranda regarding current practices by the Department of Homeland Security. Many immigration practitioners expect DHS to implement a new discretionary program, similar...
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DACA Renewals to Begin Soon

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...
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Federal Court Victory! – Kolko v. Hale

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...
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H-1B Cap for Fiscal Year 2015 Has Been Reached

U.S. employers of all sizes use the H-1B visa program to employ foreign workers in professional level occupations that require highly specialized knowledge in their field. Several years ago, the U.S. Congress set a limit or “cap” of 65,000 H-1B visas for each fiscal year (FY). An additional 20,000 H-1B visas are available for foreign workers in a specialty occupation who hold a U.S. Master’s Degree in their field. An H-1B...
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USCIS Releases DACA Statistics

USCIS released its first quarterly report for Fiscal Year 2014 on statistics for the Deferred Action for Childhood Arrivals (DACA) program. The numbers demonstrate not only the need for immigration reform laws, but also the need for interim relief for otherwise law-abiding undocumented people currently present in the United States. Through December 31, 2014, a total of 610,694 requests for DACA were accepted by USCIS at their lockbox facility. Of those,...
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Third-Country Processing for GLBT Immigrants

The Department of State has announced to immigration attorneys, through the liaison efforts of the American Immigration Lawyers Association (AILA), that some GLBT immigrants may seek to process their immigrant visas in safer third-countries. Last year, when the Supreme Court struck the Defense of Marriage Act (DOMA) in Windsor v. United States, federal government agencies began recognizing same-sex marriages for federal benefits, including immigration. United States citizens may now seek immigrant...
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USCIS Announces Sua Sponte Reopening of Denied I-601A Waivers

On March 18, 2014, USCIS announced that, on its own motion, it would reopen and review I-601A waivers that were denied prior to January 24, 2014 and review the reasons for denial. This affects spouses of United States citizens who have had their provisional waivers denied. The I-601A provisional waiver went into effect in early 2013, allowing those who required a waiver for unlawful presence only to have their inadmissibility waiver...
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USCIS Provides Immigration Benefits for Same-Sex Married Couples, July 2013

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...
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Provisional Waivers for Unlawful Presence, March 2013

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...
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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.