Posts By: cbrownlaw

Deferred Action Update: Immigration Reform in Obama’s 2nd Term

Some immigrants are celebrating the reelection of President Barack Obama as the continuation of the Deferred Action for Early Childhood Arrivals (DACA) program, a popular Obama initiative that provides work permits for undocumented immigrants who came to the United States as children and who meet several other specific requirements. According to the United States Department… Read more »

I-9 Compliance for Your Colorado Workforce

The federal Immigration Reform and Control Act of 1986 (“IRCA”) states that every employer is required to verify the identity and work authorization status of every employee of the business. This I-9 compliance regulation is critical for all Colorado employers and those across the US. Failure to comply with IRCA’s I-9 rules can result in significant fines, loss of access… Read more »

2nd Circuit Ruling on Defense of Marriage Act (DOMA)

The U.S. Court of Appeals for the Second Court recently struck down Section 3 of the federal Defense of Marriage Act (DOMA) as being unconstitutional and discriminatory. The section of the law defines marriage as being between a man and a woman. Historically, same-sex marriages, regardless of whether they were legal in the jurisdiction performed,… Read more »

Deferred Action Oct Update — Pending Elections

As most readers know, on June 15th the Obama administration announced a new immigration program  — Deferred Action for Childhood Arrivals. While there is not much new information to report, the USCIS FAQ page was updated on Sept. 14, 2012 to provide additional answers to common questions. New questions & answers are highlighted in red with… Read more »

Update: Provisional I-601A Extreme Hardship Waiver

Many are still waiting for further news on the Provisional I-601A Extreme Hardship Waiver. To date, the I-601A waiver is not yet in place, but USCIS still anticipates the proposed regulation to be complete by the end of the year. Background: I-601A Provisional Waiver On March 30, 2012, the United States Citizenship and Immigration Service (USCIS) requested public comments on… Read more »

K-1 Visa Process

Sometimes, people meet their soul mate while on vacation or when visiting friends/family abroad. As an experienced Denver immigration attorney, I see how online dating has spurred more international relationships with an increase in clients wanting to have their significant other close by. The K1 (Fiance) Visa is therefore an option you might want to… Read more »

Visa Options for Investors: EB-5 and E-2 Visas

As the U.S. continues to deal with a struggling economy, entrepreneurs living abroad see opportunity for investment in our country. To enter the US as an entrepreneur, individuals currently have two options:  the EB-5 permanent visa which results in permanent residence or the short-term E-2 visa, which provides legal stay to perform in the business in… Read more »

Deferred Action Program Now Effective as of August 15, 2012

On June 15, 2012, the Obama administration announced a new immigration program — Deferred Action for Childhood Arrivals. This program was announced to give young US immigrants without legal documentation, an opportunity to stop the threat of deportation proceedings and apply for a 2-year temporary work permit. Over 1 million individuals across the US could… Read more »

US Bill Introduced to Create a Green Card Option for All Entrepreneurs

House Judiciary Committee Chairman John Conyers (D-Mich.) and Rep. Jason Chaffetz (R-Utah) on July 26, 2012 introduced the American Investment and Job Creation Act of 2012 (H.R. 6210), which would change immigration laws to permit entrepreneurs a path to permanent residence.  Currently, the only green card program available to entrepreneurs and investors is based on… Read more »

Deferred Action Update from USCIS

At a USCIS Stakeholder Conference on August 3, 2012, Director Mayorkas announced some additional details about the Deferred Action program which was presented on June 15, 2012. He confirmed that applicants will be able to apply as of August 15, 2012 if they meet the following requirements: 1. The person is under the age of… Read more »

Changes to E2 Investor and E1 Trader Visas in Mexico

As of June 20, 2012, the US Embassy in Mexico City announced two changes to the issuance of American Investor (E-2) and Treaty Trader (E-1) visas. The changes are to improve the efficiency for investors and traders, for the fourth largest US consular entity that issues investor and trader visas. As of July 1, 2012,… Read more »

H-1B Cap Has Been Reached: Other Options?

The H-1B cap was reached on June 11, 2012 for both the regular cap of 65,000 H-1B visas and the 20,000 cap, segregated for those who earned a US Masters Degree or higher. The cap was reached more than 5 months earlier than the previous fiscal year, which indicates the economy is stronger this year…. Read more »

Deferred Action Announced for Dream Act Kids: Am I Eligible?

The Obama Administration just announced today that certain undocumented individuals will be eligibile for deferred action. Deferred action is a discretionary agency action to NOT prosecute or deport a particular alien. It cannot be granted by the Immigration Judge – only through an agency District Director. It also permits people granted to obtain a work… Read more »

USCIS Now Allows Filing of I-601 Waivers in the US

On June 4, 2012, USCIS officially began to accept I-601 applications for applicants who previously had to file the I-601 abroad. The I-601 can now be submitted to a “lockbox” and the addresses are all posted on the USCIS website. An I-601 application refers to the waiver process required for those who have triggered an… Read more »

What is Up with Startup Visa 2.0? A Proposed Green Card Option for Investors in the US

Another foreign investor proposal came out of the Senate this past week due to the work across party lines amongst freshman Senators Marco Rubio (R-Fla.), Chris Coons (D-Del.), Jerry Moran (R-Kan.) and Mark Warner (D-Va.). This is one of approximately 8 job creation proposals introduced already in Congress, as consistent economic data indicate how small… Read more »