Apr
9

It Might Take a Little Longer Than Expected to Get a Decision on Your Provisional Unlawful Presence Waiver. Here’s Why.

U.S. Citizenship and Immigration Services (USCIS) recently announced that it will reopen Provisional Waiver of Unlawful Presence cases that were denied because of the applicant’s criminal history.  This means hundreds of previously denied cases will be reopened and re-adjudicated.

A Brief Background:

The stateside Provisional Unlawful Presence Waiver allows applicants to remain inside the U.S. while USCIS adjudicates their applications.  Because the Provisional Waiver only waives unlawful presence, applicants that have any other factors that might render them inadmissible, like prior...

Dec
27

Proving Extreme Hardship - Holding the Government to a Standard of Law

Extreme Hardship doesn’t have to be so hard.  On October 7, 2015, USCIS shared its draft "extreme hardship" policy memo, created with the goal of better defining the standard applied to various types of waivers.  The draft memo was happily received more than ten months after President Obama announced the endeavor with various other, more popular strides like the expansion of DACA and proposed creation of Deferred Action for Parents of Americans and Lawful Permanent Residents, or “DAPA.”

An extreme hardship waiver may be required where someone has been in the US unlawfully for more...

Apr
8

The Latest Immigration Rumors - Truth v. Fiction

The past few months have been a busy time in the world of immigration law.  We know many people are struggling to filter truth from rumor.  In a climate like this, it can be hard to know what to believe and how to plan for the days ahead.  Here is what we know today, and possibly expect tomorrow under the current administration.   

The Travel Ban(s)

The Executive Orders addressing refugees and issuing visas has understandably caused a lot of confusion. The situation with this order is changing as litigation continues around the country to stop the travel ban(s) and at the moment the...

Dec
3

The Proposed Public Charge Rule Explained

The immigration law has long established that “any alien . . . likely at any time to become a public charge” is inadmissible to the United States. On October 10th, US Citizenship and Immigration Services (USCIS) proposed a new rule to expand its definition of a “public charge.”  These are proposed changes.    They are not the law today, and likely will change if and when the rule becomes final.   

There is a lot of rumors and false suggestions about this proposed rule.  Wilson Law Group wants you to know what is the issue and who it really potentially impacts.

What is a Public...

Nov
14

Moving Forward After Loss: What Happens if the Petitioner Passes Away while the Case Remains Pending

Moving Forward After Loss:  What Happens if the Petitioner Passes Away while the Case Remains Pending?  During the COVID-19 pandemic, families across the globe are facing loss in record numbers. Faced with this reality, many US citizen and Lawful Permanent Residents who have filed for loved ones now wonder: if my relative passes while applying for me, what happens then?  Does my petition pass away too?

Overview of Section 204(l) Relief

Years ago, the answer to this question was “yes.” Now, however, when the qualifying relative passes away before the applicant receives their green...