With the election of Donald Trump as President of the United States, and the election of Mike Pence, a virulent opponent of LGBTQ rights, as Vice President of the United States, individuals in the LGBTQ immigrant community have voiced concerns about their continuing eligibility for immigration benefits based on same-sex marriage. However, individuals seeking immigration benefits based on a same-sex marriage are unlikely to see any change in their eligibility for...

US Immigration and Customs Enforcement (ICE) published new guidance in June on the care of transgender adults in immigration detention, in a Memorandum titled "Further Guidance Regarding the Care of Transgender Detainees." The Memorandum provides guidelines in several areas of detainee care, including intake procedures, determining housing placement, medical care, conducting searches, and access to clothing and commissary hygiene products. Notably, the guidance provides that transgender individuals may be assigned housing...

The American Immigration Lawyers Association (AILA) has selected several of our attorneys to participate on national committees related to the practice of immigration law. It is an honor for our Firm to have nationally-known attorneys be recognized for their work and selected as leaders in the community. Managing Partner David Kolko has been asked to join the USCIS Field Operations Liaison Committee. The committee operates as a liaison between AILA and...

For several years now, USCIS has permitted its customers to update gender markers on their immigration documents, such as work permits, green cards, and other documents. The process for doing so is a very relaxed process. Transgender and intersex people can file fairly easily-accessed documentation, and USCIS has been very responsive to those who wish to update their records. This process was memorialized with temporary guidance issued by the agency on...

Kolko & Associates, P.C. is pleased to announce that its own Senior Associate Attorney Bryon M. Large is being named Attorney of the Year by the Colorado GLBT Bar Association. Bryon's work over the past year is being recognized for his advocacy in the field of LGBT immigration, as well as for assuring access to immigration benefits by countless same-sex couples throughout Colorado. In June 2013, following the landmark Windsor v. United...

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...