Oct
28

WLG Newsletter: Arrests of Non-citizens and the Right to Consular Notification: Did Law Enforcement Comply?

WLG's latest installment of our newsletter, which focuses on the intersection of criminal and immigration law, has arrived!  You may read the full article below or view the full PDF here: 198-167-wilson-law-group-newsletter-arrests-non-citizens-and-right-consular-notification.did-law-enforcement-comply.pdf

Arrests of Non-citizens and the Right to Consular Notification: Did Law Enforcement Comply?     

Welcome to the latest Wilson Law Group Newsletter.  In this edition, we focus on the right foreign nationals have to speak with a representative from his or her consulate upon arrest or...

Oct
20

Breaking News: "TPS as Status" Adjustment Approval Received!

We are happy to report that Wilson Law Group received a “TPS as status” adjustment approval from the USCIS office in Bloomington, Minnesota. The person never traveled with parole, and relied exclusively on this TPS status to assert he could proceed under section 245 to adjustment his status to a lawfully admitted permanent resident with an approved immediate relative I-130 petition.  This is a complete change in the government's approach to temporary protected status and the ability to apply for residency.  

Now, one approval is not a pattern of acquiescence; however, it is a harbinger...

Oct
15

Why is it taking so long to get my U visa?

The short answer is that visa numbers are limited and there’s a substantial waitlist.

Congress capped the number of U visas at 10,000 per year (INA § 214(p)(2); 8 C.F.R. § 214.14(d)(1)). This means that only 10,000 applicants may be granted U visas each fiscal year. Only principal applicants (U-1) are counted toward the 10,000 visa cap. Derivatives (U-2, U-3, U-4, and U-5) are not counted towards the cap. A backlog has developed because the demand for U visas exceeds the supply.

If you apply for a U visa today, you can expect to wait at least nine months for USCIS to determine whether...

Sep
15

Fact or Fiction: Can I Qualify for a U Visa if I was a Victim of a Crime?

Wilson Law Group is separating fact from fiction in a series of blogs to clarify some common questions and misconceptions of various topics in immigration law.  The short answer to the question above is "maybe".  There are several requirements for a U visa; each situation is different and needs to be evaluated on a case-by-case basis.   

To be clear, being a victim of a crime alone does not qualify someone for a U visa.  It is more complicated than that.  Being a victim of a crime is just one of several requirements to qualify for a U visa.  Before discussing the requirements,...

Sep
3

Could Obama’s Executive Action on Immigration Affect Me?

The news has been rife with headlines about President Obama taking executive action on immigration reform.  If he does take action, whom would it affect and when would it occur?

Like many years before, the Congress talked extensively about immigration reform this year, but failed to take any action.  What is different now is that President Obama has stated he will takesome sort of action on his own.

So, what can the President do without the Congress’s approval, and who will it affect?

The President cannot unilaterally change who can become a legal permanent resident or a citizen.  He...

Aug
22

USCIS Announces Ebola Outbreak-Related Immigration Relief Measures

Last week, U.S. Citizenship and Immigration Services (USCIS) announced the availability of limited immigration relief measures to nationals of three West African countries affected by the current Ebola virus outbreak.  According to the World Health Organization (WHO), the outbreak began in Guinea in December 2013.  The virus has since spread to neighboring Liberia and Sierra Leone and become the largest Ebola outbreak ever recorded.  Experts report 2,473 suspected or confirmed cases, including 1,350 deaths, prompting WHO to declare a public health emergency of international concern.

In...

Aug
1

Visa Interview Waiver Program Continues to Expand & Streamline Nonimmigrant Visa Process

The Interview Waiver Program (IWP) was first introduced in 2012 as a pilot program in an effort to promote travel and tourism to the United States for certain nonimmigrant applicants.  The IWP was made permanent this year in 2014.  The criteria for the IWP is published in the Foreign Affairs Manual, although it is important tocheck the consulate’s requirements because they can vary. 

Generally, all foreign nationals applying for a nonimmigrant visa (e.g. B-1/B-2, E, L, TN visa, etc.) must appear in person at a U.S. Embassy or Consulate abroad for an interview by a consular officer. ...

Jul
14

Notario Fraud: Don’t Be a Victim!

Immigration law is extremely complex. It is important to have qualified representation because even a small mistake can have devastating consequences for you and your family.

Immigrant communities are particularly vulnerable to notario fraud. Notario fraud refers to people who offer legal advice, prepare immigration forms, or otherwise represent people before the immigration agencies when they are not qualified to do so. Generally, to practice immigration law, you must be a licensed attorney. A non-attorney who is specially authorized to represent immigrants by the Board of Immigration...

Jul
1

Breaking News Regarding USCIS Move

In addition to it not raining as much as was forecast for today, WLG has more good news! The USCIS office will not be moving to the outskirts of Bloomington near Eden Prairie!  Read all about it here.

Jun
16

Fact or Fiction: Can my U.S. Citizen Son or Daughter Apply for Me to Become a Permanent Resident?

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 a parent becomes automatically eligible for permanent residency once his/her child turns 21 and files a petition for the parent.  We wish it were that simple, but it is more complex.  To be clear, having a U.S. citizen son or daughter - even if s/he is 21 years old - does not automatically mean the parent is eligible for permanent residency in the U.S.  A parent certainly may be...

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