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

       ...

Sep
6

Sessions Rescinds DACA - what next?

On September 5, 2017, Attorney General Jeff Sessions announced a “wind-down” of the Deferred Action for Childhood Arrivals program. Naturally, many people are questioning what that means, and so we have prepared a brief summary of the DACA rescission information, based on what is currently known.

The DACA program is scheduled to officially end on March 5, 2018. Beginning September 6, 2017, U.S. Citizenship and Immigration Services (USCIS) will no longer accept initial DACA requests. This means that if someone has never applied for DACA in the past, they will not be able to apply now....

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...

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...

Pages