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...

Marriage equality is now the law of the land in Colorado! This morning, the United States Supreme Court declined to review seven cases involving marriage equality decisions. By declining to hear the cases, this gave the legal effect of marriage equality in Colorado and several other states. County clerks around the state are now scrambling to update computer systems and begin issuing licenses. Some counties, including Pueblo County, have already started...

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...

Each year, the American Immigration Lawyers Association ("AILA") hosts an annual conference showcasing the country's leading experts in their fields of immigration law. All of the attorneys from our firm attended the conference, held this year in Boston. The AILA Annual Conference presents an opportunity for attorneys to develop their skills and hone their education by attending lectures and panels on advanced immigration topics. The AILA Annual Conference not only allows...

Nearly one year after the U.S. Supreme Court’s decision in United States v. Windsor, striking down Section 3 of the Defense of Marriage Act (DOMA), Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor (OPLA) has announced that it will agree to reopen removal proceedings for individuals previously ordered removed from the United States who are now eligible for immigration relief based on a lawful, bona fide, same-sex marriage...

The Department of State has announced to immigration attorneys, through the liaison efforts of the American Immigration Lawyers Association (AILA), that some GLBT immigrants may seek to process their immigrant visas in safer third-countries. Last year, when the Supreme Court struck the Defense of Marriage Act (DOMA) in Windsor v. United States, federal government agencies began recognizing same-sex marriages for federal benefits, including immigration. United States citizens may now seek immigrant...

U.S. Supreme Court Declares Section 3 of DOMA Unconstitutional, Provides Important Opportunity for Same-Sex Married Couples to Receive Immigration Benefits. In 1993, the U.S. Congress enacted the so-called Defense of Marriage Act (DOMA). Section 3 of DOMA barred the federal government, including the Department of Homeland Security (DHS), from recognizing any marriage that was not between one man and one woman. Under DOMA, DHS could not approve an immigration petition filed...