In a prime-time address to the nation on Thursday, President Obama described his plan to, and reasoning for, taking executive action on immigration—a move preceded by a six-year war-of-words with congressional Republicans that sets up a power struggle once the GOP takes full control of Congress next year. Obama’s plan will protect up to five… Read more »
Colorado Immigration Lawyer Blog
Current Immigration Legal Issues
As Feds Drag Heels on Immigration Reform, States Like Colorado Make Strides
The news broke last week that President Obama is likely to take executive action on immigration reform before the end of the year, with some saying an announcement could come as soon as November 21. Republican lawmakers have repeatedly vowed that unilateral immigration action by Obama would bring grave political consequences, but often lost in… Read more »
Obama Leaning Toward Expanding Deferred Action for up to 5 Million Undocumented
The midterm elections, resulting in the dominance of the Republican party in Congress, left it up in the air in terms of President Obama’s prior promises to ‘do something’ on immigration reform this year. However, recent press reports over the past few days are indicating a move in this direction, despite threats from Republicans of… Read more »
Colorado Restricted License Program for Non-LPRs Faces Early Hiccups
Poor planning has hurt the roll out of Colorado’s new immigrant driver’s license program—known as the Colorado Road and Community Safety Act (CRSA)—which allows undocumented persons residing in Colorado to obtain “restricted” state identification documents. It also subjects non-legal permanent residents to the same type of restricted license. In addition, discrepancies in past ID document… Read more »
SCOTUS to Decide Whether Dept of State Doctrine of Non-Reviewability Applies to Spouses of US citizens
The Supreme Court of the United States will hear arguments in October in the case of Kerry v. Din, which pits the Department of State and its ability to unilaterally deny an alien spouse visa against Fauzia Din and her constitutionally protected marriage and family life rights. Din is a United States citizen who was… Read more »
Same-Sex Couples Can Now Legally Marry in Colorado
A huge decision this week by the Supreme Court of the United States (SCOTUS) to deny certiorari (review) by several lower court rulings regarding the legality of same-sex marriage means that all 10th Circuit states, including Colorado, must abide by a recent decision by a panel of 10th Circuit judges that same sex-couples have “the… Read more »
The Law Office of Catherine Brown, LLC Has Moved to Lafayette CO
Have you recently moved to Lafayette from elsewhere in Colorado, a different part of the U.S. or even from another country? Moving is tough. We can relate because we just moved our main law office from Louisville to Lafayette. But moving is even tougher when your legal status is in limbo. Boulder County immigration attorney… Read more »
U.S. Stands to Gain from Proposed Regulation Change for H-1B Spouses
It has been nearly five months since the Department of Homeland Security (DHS) announced proposed regulations that would allow around 100,000 qualified H-4 spouses of H-1B visa holders to obtain a Social Security number and legally work in the United States. The public comments phase closed on July 11, 2014 and a final rule has… Read more »
Obama Delays Action on Immigration Reform
President Obama has put off executive action on comprehensive immigration reform (CIR) until after the November mid-term elections, citing shifting political attitudes brought about by the influx of unaccompanied minors crossing the U.S.-Mexico border this summer. Obama had previously said he would use executive power to protect immigrant families from deportation, which has seen a… Read more »
High-Skilled Immigration and the U.S. Economy
The story of America, in large part, is a story of immigrant entrepreneurs building communities, businesses and entire new industries here. That story, however, has been twisted in recent years into one of immigrants as “job takers” who wrest opportunities away from native-born workers. A closer look shows that story to be fiction, particularly when… Read more »
What is the New Colorado License Law all About?
On June 5, 2013, Colorado Governor Hickenlooper signed into law the Colorado Road and Community Safety Act (referred to as “SB-251”), which will allow Colorado residents — including undocumented persons – to apply for state identification documents (licenses, permits and IDs) without the requirement that they prove permanent lawful presence in the United States. The… Read more »
Proposed Regulations to Assist High Skilled Workers Moderately Positive
On May 6, 2014, US Department of Homeland Security announced some proposed regulations that would ease some of the pain being experienced by highly educated/skilled foreign nationals in the United States. “The proposed rules announced today provide important support to U.S. businesses while also supporting economic growth here in the U.S.,” said Deputy Secretary Alejandro… Read more »
USCIS New Policy on “Reason to Believe” for I-601A Provisional Waivers
The I-601A provisional waiver, a cousin to the I-601 Extreme Hardship waiver, was implemented in March 2013 for foreign relatives of US citizens (spouses, children, or parents). It is only applicable to those foreign nationals standing in the US and to those for whom the sole ground of inadmissibility is unlawful presence. Those with a… Read more »
What is H-1B Cap Gap Coverage and Do I Qualify?
During H-1B cap season, it is important for F-1 students to understand how the “cap” impacts their ability to change status to H-1B in the US, to continue working on Optional Practical Training (OPT), and to stay in the US prior to H-1B status beginning. Fortunately, USCIS has provided a regulation to assist with these… Read more »
Mexican Nationals Applying for TN Have Process Streamlined
A final rule published February 10, 2014 by US Department of State eliminates the need for Mexican national TN applicants to petition for a TN in the United States first. This is a significant benefit because it allows the TN applicant to just apply directly to the Consulate and save time and money by bypassing… Read more »