Apr
30

Fact or Fiction: Does Ten Years of Physical Presence Alone Lead to Permanent Residency?

Wilson Law Group is separating fact from fiction in a series of blogs clarifying some common misconceptions in immigration law.  We hope you find our clarifications helpful. 

One common misconception is that after living in the United States for ten years, a person automatically qualifies for permanent residency or can avoid removal from the U.S.  We wish it were that simple, but it is not.  To be clear, ten years of presence in the United States does not in and of itself lead to a green card or qualify someone for relief from removal. 

Rather, ten years is just one of several...

Apr
21

Immigration Fact Check: Your U.S. Citizen Child Can’t Help You Apply for an Unlawful Presence Waiver

If you have a U.S. citizen child over the age of 21, he or she may petition for you to immigrate to the United States as an immediate relative. Before asking your child to file a petition on your behalf, you should make sure that you are eligible to adjust status after USCIS approves the petition.

If you are living in the United States and you entered without inspection, you will have to consular process from abroad to obtain your green card after your child petitions for you. If you have been unlawfully present in the United States for more than 180 days, your departure from the United...

Apr
9

Divorce: Does it Terminate Affidavits of Support?

Family law attorneys understand that a divorce permanently dissolves the bonds of matrimony between two spouses, making them two single individuals free to go on their separate ways, once the court has entered the judgment and decree.  However, contrary to popular belief, divorce does not terminate a very important financial contract, if one of them is a foreign national who obtained lawful permanent residency through the marriage.  That contract is the Affidavit of Support, U.S. Citizenship and Immigration Services Form I-864, governed by the Immigration and Nationality Act, Section...

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...