Jun
18

What Is Taking So Long! Current USCIS Processing Patterns

Slow.  The government is moving slow.   That is the pattern that is emerging in the first half of 2017.  Applications that moved quickly in the past are now taking longer, and USCIS keeps moving applications from one location to another one to balance its workloads.   

U Visas

The government can only issue 10,000 U visas every year. This means that there is a waitlist to be granted this type of visa. If the government believes an applicant’s submission is approvable, it can grant that person “deferred action” ahead of time, and allow them to get a work permit.

Currently, the...

Jun
18

Where's Mommy - Planning to Help Children When a Parent Is Unavailable

All parents panic at the thought of an emergency that separates a parent from a child and leaves the child temporarily with no immediate care provider.   No parent wants the state to take responsibility for their child, or consider foster care for a temporary situation when better options exists.   This parental concern is even stronger for parents who fear contact with Immigration & Customs Enforcement or another law enforcement agency.  There are legal tools that help a parent prepare for such a scenario.  

In many cases, the period of separation is less than twenty-four hours and...

May
1

Is Hope on the Horizon for H-2B Employers? Congress Is on the Verge of Passing Cap Relief.

The most recent budget bill thankfully includes limited visa cap relief for the H-2B category.  

Assuming the budget bill passes this week, the Department of Homeland Security will be able to increase the number of H-2B visas to 129,547.   The Department of Homeland Security will need to confer with the Secretary of the Department of Labor to confirm there is an economic need for the increase in visa numbers.    Given the demand for the visas and the clear shortfall that already exists, there is significant pressure on the administration to help businesses that depend on temporary...

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...

Apr
8

How the Naughty Employee Is the Employer's Problem

An employee in Minnesota, acting in good faith and within the scope of the employee’s work, is normally protected from direct civil liability by his or her employer through what is typically referred to as indemnification. Minnesota lays out this protection in statute at section 181.970 – Employee Indemnification. It typically covers all damages, penalties, and fines. You can find the statute here: https://www.revisor.mn.gov/statutes/?id=181.970.

At its heart this law states that an employer, not the employee, is responsible for damages resulting from the conduct of the employee on the...

Feb
21

Modification of Custody and Parenting Time

Sometimes clients come to Wilson Law Group months or years after finalizing a divorce or custody case and want to change the custody labels or parenting time schedule established previously. Some parents want to modify custody labels due to a new reality: a new job that is farther away, or because the child has started living with the “non-custodial” parent full-time. Other parents want to modify custody because they are concerned with the other parent’s parenting skills, or fear for the safety of the child. Modification, however, can be a very difficult process in Minnesota as many...

Feb
21

Forcing a Contractor to File a Mechanic’s Lien Often Makes for Poor Negotiation Strategy

Various news outlets recently have been reporting on yet another story involving President-elect Donald Trump (big surprise there). Luckily this story was not a political one, was not unverified, and touches on an important issue concerning mechanic’s liens in construction law.

The basic story is that at least three contractors have filed mechanic’s liens against the Trump International Hotel totaling at $5 million dollars in unpaid labor and materials (see, for instance,...

Feb
6

How TPS Can Help You Get a Green Card

In order to qualify to adjust status from within the United States (i.e. apply for a green card), you have to have been “inspected and admitted or paroled.” In other words, a person who entered without a visa or other documentation must generally return to his or her home country to apply for an immigrant visa there rather than filing for a green card from within the United States. This requirement serves to trap many longtime recipients of Temporary Protected Status (“TPS”) in TPS even though they have relatives who could petition for them. 

Wilson Law Group attorneys David Wilson...

Jan
3

Extending a Minnesota Driver’s License with a “Status Check” Date

If you have TPS, DACA, U nonimmigrant status, a pending application for permanent residency or asylum, or one of several other temporary nonimmigrant statuses, you may be eligible to obtain a Minnesota driver’s license.  In most cases, the Minnesota driver’s license will have a “status check” date that matches the employment authorization document (EAD) or visa expiration date. 

If your EAD or visa has expired, but you have an application for renewal or extension of status pending, you may be eligible to temporarily extend the “status check” date on your Minnesota driver’s...

Jan
3

Employment Authorization Document Renewal is Changing

Many immigrants with employment authorization documents (EADs) must renew their cards every year or two.  Because the Department of Homeland Security is inconsistent in adjudicating EAD renewals, some immigrants’ EADs expire while they desperately wait for their renewal applications to be approved.

In an attempt to cure this problem, the Department of Homeland Security will soon begin automatically extending the validity of certain EADs when the immigrant files a renewal application.  This means that a person who files a renewal application before his or her EAD expires will be able to...

Pages