Jan
29

Deportation by Speculation - the Rise of the Reason to Believe Charge

ICE has shown lately that it is becoming more willling to use any tool at its disposal to impact a removal proceeding.   One such trend has been the  notable increase in charging under section 212(a)(2)(C)(i) of Immigration & Nationalty Act.  This charge of removal or deportation is known by its standard, a “reason to believe” that an individual is knowingly involved somehow in drug trafficking.  This legal charge gives the government a powerful tool to try to keep a person in custody and bar him or her from staying in the United States.

In the bond and detention context, it is an...

Jan
29

The Mystery of the U Visa Wait Time Solved

The U.S. Congress created U non-immigrant status (the U visa) in October 2000 to help victims of certain crimes who have experienced extreme mental or physical abuse and were helpful to law enforcement of government in the investigation or prosecution of criminal activity.  The U visa bestows clear benefits, when granted: The applicant—and any qualifying family members included as the applicant’s derivatives—can work and reside in the United States lawfully for four years; but after having U visa status for three years, the Applicant can apply to become a lawful permanent resident...

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...

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