Children in deportation proceedings in immigration court, even those as young as three or four years old, have no right to a government-appointed lawyer. As a result, many children are forced to represent themselves in front of an immigration judge and face deportation to countries where they face abuse, human trafficking, and targeting by gangs and criminal groups. Most of the children appearing before our immigration courts are eligible for protections...

Attorney Abbie Johnson joined Kolko & Associates, P.C., this week, as a Senior Associate Attorney. Abbie is an experienced immigration practitioner, with strong experience representing children. She enters private practice after several years as the Managing Attorney of the Children’s Program at the Rocky Mountain Immigrant Advocacy Network (RMIAN), a program serving minors who find themselves in deportation proceedings, usually fleeing violence in Central American countries. Abbie grew up in Loveland,...

“The driver is safer when the roads are dry, the roads are safer when the driver is dry.” Certainly true. For individuals who have entered the United States on non-immigrant visas, I would also add “the driver’s non-immigrant visa is safer when the driver is dry.” Driving Under the Influence (DUI) of alcohol is serious, it can jeopardize your life and safety. It can jeopardize the lives and safety of those...

As of August 10, 2016, Colorado employers will no longer be required to complete the Colorado Affirmation Form or retain certain copies of identity and employment verification documents for newly hired employees. This is because on June 8, 2016, Governor John Hickenlooper signed Colorado House Bill 16-1114, repealing the majority Section 8-2-122 of the Colorado Revised Statutes, (otherwise known as the 2006 Colorado Employment Verification Law). Federal law requires all employers...

Today, the United States Supreme Court dismissed the United States v. Texas case, a case revolving around the President's 2014 deferred action program for DAPA and expanded DACA. The decision allows the lower court's injuction to stand. It is sad and disheartening news for the immigrant community. A 4-4 decision created a deadlock for the Court, and no formal opinion was given on the merits of the case. The Court's Order simply...

Yesterday, the United States Supreme Court announced four decisions. Unfortunately, none of them were immigration cases. They scheduled an additional decision date for this coming Thursday, June 23, and there is a regularly scheduled decision date set for Monday, June 27. The Supreme Court has eight remaining decisions to make in cases that they took during this term. It is likely that all eight decisions will be announced between the next...

Each year in June, the American Immigration Lawyers Association (“AILA”) hosts an annual conference, giving its members an opportunity to catch up on the latest in immigration law. This year’s conference will be later this month, and will take place in Las Vegas, Nevada. The conference is an important opportunity for our attorneys to attend lectures and hear from nationally-recognized experts on the latest trends in the law, as well as...

Cases for U non-immigrant status are taking an abnormally long time to process with USCIS currently. The backlog is frustrating for applicants and attorneys, alike. The delays are attributed to many factors, including an increase in petitions, a cap on visa limits, and a large backlog at the Vermont Service Center of USCIS. U non-immigrant status is available to foreigners who have been victims of certain crimes. Waivers available under the...

Immigration attorneys and undocumented immigrants across the country are anxiously awaiting the Supreme Court’s decision in United States v. Texas, a landmark case implicating the President’s authority to grant discretionary immigration benefits, such as deferred action. The decision is expected sometime in June. The case revolves around the President’s November 20, 2014 executive actions, which included deferred action for parents of United States citizens and permanent residents. The program, called Deferred...

USCIS announced limited relief for people that have been affected by the recent earthquakes in Japan, Ecuador, and Burma. USCIS has softened some of their rules in certain cases when demonstrating need based on the earthquakes. Some examples of relief include: Changing or extending status in certain cases, even if status may have already expiredRe-parole if previously granted paroleExpedited handling of certain travel documentsExpedited handling of certain types of work permitsLarger...

Around the office lately, I’ve noticed an increase in consultations related to DUI arrests. For many immigrants, a DUI arrest begins the one-way trip back to their home country. For any arrest, proper legal counsel should be sought from an immigration attorney to determine whether the arrest carries immigration consequences. For most permanent residents and people in lawful status, one simple alcohol-related DUI causes little harm to one’s immigration status. However,...

Today the U.S. Citizenship and Immigration Service (USCIS) announced that it received more than 236,000 cap-subject H-1B petitions for Fiscal Year (FY) 2017. The Agency also announced that on April 9, 2016, it conducted a computer generated lottery of these 236,000 petitions to select 20,000 petitions under the Advanced Degree Cap (U.S. Master’s degree or higher) and 65,000 petitions under the regular H-1B cap. The 150,000 remaining petitions have been rejected...

On April 7, 2016, the U.S. Citizenship and Immigration Service (USCIS) announced that it received sufficient H-1B petitions to meet the regular and advanced degree caps for Fiscal Year (FY) 2017. On April 1, 2016, USCIS began accepting petitions from U.S. Employers requesting that it approve highly skilled professional foreign national workers for temporary employment commencing on October 1, 2016. Under the annual limits on H-1B visas set by Congress, USCIS...

It’s tax time again! The start of a new year brings responsibility to file income taxes with the IRS. Immigrants have tax responsibilities, too. There is no substitute for quality tax advice from a tax professional, and this is not meant to replace that advice. But, generally speaking, immigrants earning money in the United States, regardless of whether they are working lawfully or not, are required to report their income to...

The Department of Homeland Security (DHS) has amended the regulations regarding Optional Practical Training (OPT) for certain F-1 students who earned a degree in Science, Technology Engineering or Mathematics (STEM) from a U.S. college or university. The amended rule allows F-1 Students currently on OPT who possess a degree in a STEM field to extend their period of OPT for an additional 24 months. The 24 month STEM-OPT extension will be...

The United States Department of State has issued a final rule change, effective February 29, 2016, which codifies new regulations affecting the Teacher category of the J-1 Exchange Visitor Program. The Teacher category of the J-1 Exchange Visitor Program permits foreign teachers to teach full-time at accredited public or private primary or secondary schools (K-12 and Pre-K) and in some language immersion programs offered by accredited primary schools. In addition to other...

Kolko & Associates, P.C. is very pleased to announce that attorney Anya Lear will join our team as an Associate Attorney in April 2016. Ms. Lear, a graduate of the University of Denver’s Sturm College of Law, was admitted to the Colorado Bar in 2012. Since her admission to the Colorado Bar, Ms. Lear worked as a law clerk at the Denver District Court and at the U.S. Attorney’s Office for...

On March 3, 2016, Partner Jennifer Casey appeared on Colorado Public Radio’s “Colorado Matters” program to discuss the lengthy backlogs at the U.S. Immigration Courts in Colorado. Currently, the Immigration Courts in Colorado have the longest delays in the country, with the average case processing time of 933 days. Listen to Jennifer’s insights on these issues here: http://www.cpr.org/news/story/denver-s-immigration-court-has-longest-hearing-delays-us  

Kolko and Associates, P.C. is so pleased to announce that Partner Jennifer Casey and Senior Associate Bryon Large have both been recognized by 2016 Super Lawyers as Rising Stars in the field of Immigration Law. What an honor to have both of these great lawyers work together with our team in Denver, Colorado.

Once again, H-2B employers are on pins and needles trying to ascertain whether the government will follow its own regulations in order to facilitate the timely issuance of H-2B seasonal visas for temporary skilled workers. The H-2B process in and of itself is one of the most technical and time-sensitive immigration procedures in the United States. It involves adjudication by three separate agencies, the Department of Labor (DOL), the Department of...