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 »
Colorado Immigration Lawyer Blog
Current Immigration Legal Issues
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 »
Update on USCIS Site Visits to H-1B Employers
A Freedom of Information ACT (FOIA) request has resulted in the release of a confidential memo from the U.S. Citizenship and Immigration Services (USCIS) Fraud Detection and National Security Directorate (FDNS). FDNS investigates a host of non-immigrant and immigrant visa applications. The memo, dated June 3, 2013, provides some insight as to how FDNS is… Read more »
F-1 OPT Students with STEM Degrees Have Extended OPT Option
Concerned about not obtaining an H-1B this next spring due to the cap? If you are an F-1 student with post-completion OPT (Optional Practical Training), you should be aware of the option to extend your F-1/OPT if necessary. US Citizenship and Immigration Services (USCIS) implemented exciting changes to the OPT program in 2008, to make… Read more »
If the US Government Shuts Down, What Happens to My Immigration Case?
Well this fortunately does not happen very often, but as of writing this on September 27, 2013, it is very possible the US government will shut down as of October 1, 2013 without an affirmative act by Congress to do something. What is Happening? In a nutshell, Congress has the “purse” authority and thus, makes… Read more »
A Brief Summary on Waivers in Immigration Law
Immigration law can be really confusing especially about the topic of “waivers” or pardons. There are different waivers for different problems. This is a very basic outline of the common waivers foreign nationals need to apply for and does not reflect all waivers available or specific details or exceptions. I-601 Extreme Hardship Waiver The most… Read more »