Dec
3

Crimes and DACA - common issues that cause real problems

DACA recipients benefit from the Deferred Action for Childhood Arrivals (“DACA”) program which provides some immigration relief for children brought to the United States illegally at a young age.  If you have DACA, then the U.S. government essentially overlooks your illegal entry into the country and you can obtain a driver’s license, work permit and are protected from deportation – unless you get into certain kinds of trouble with the law.  What should you do if you have DACA and get charged with a crime?

While DACA offers protection from deportation, it is a fragile type of...

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
23

Social Security Benefits and Unauthorized Work - Clearing the Shrouds of Mystery

It is an urban myth that those who work without authorization in the United States will still receive social security benefits.  In fact, individuals who worked previously in the United States may need to act to ensure they receive proper credit for the work they performed after they become authorized to work.

The root of this dynamic is the Social Security Protection Act of 2004.  President Bush, in an effort to placate his party, pushed for legislation that changed who is eligible for retirement benefits for work performed in the United States.  The Protection Act bars payment to...

Jan
22

Alternatives to Temporary Protected Status

In the past few months the current administration has announced the ending of Temporary Protective Status (TPS) for multiple countries including El Salvador, Haiti, Nicaragua, and Sudan. If you are losing your TPS, there may be another way for you to obtain status in the United States. A few of these pathways are listed below.

If you entered the U.S. lawfully and have a spouse, parent , or child over 21 who is a United States citizen or permanent resident, you may be able to apply for residency. Individuals with family members meeting these categories may apply for residency within the...
Nov
29

Avoiding Immigration Problems with Marijuana Tickets

  In Minnesota, there are many levels of marijuana related criminal charges. The amount of marijuana which a person possesses or sells determines the level of offense. Possession or sale of 42.5 grams or more of marijuana can lead to felony charges. Consequences for felony level marijuana related offenses range from a year and a day to 30 years in prison.

             Less serious marijuana related offenses include petty misdemeanor possession of a small amount of marijuana or misdemeanor possession of marijuana in a motor vehicle. Both possession of a small amount of marijuana and...

Nov
17

TPS In Trump’s Sights?

TPS In Trump’s Sights?

Earlier this month, DHS announced that the Temporary Protected Status (TPS) designation for Nicaragua will terminate in 14 months. This means that Nicaraguans on TPS will have until January 5, 2019 to leave the country, apply for another immigration status, or lose immigration status altogether. It is estimated that this will affect about 2,500 people.

DHS also announced that it is considering termination of TPS for Hondurans but, claiming a lack of definitive information on the subject, the designation will be automatically extended for at least another six months....

Sep
12

Immigration Consequences of a Fifth Degree Possession of a Controlled Substance Charge

A controlled substance charge in and of itself likely means that your noncitizen client has the attention of Immigration and Customs Enforcement (“ICE”), and that ICE will monitor the proceedings.  ICE may detain your client during the pendency of the criminal case, and the charge alone can cause your client to lose the ability to remain in the United States.  A controlled substance offense subjects a person to mandatory ICE detention with no chance of bond, depending on the facts, and even a favorable criminal outcome may still trigger immigration consequences.

Deportation

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