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Proving Extreme Hardship – Holding the Government to a Standard of Law

Extreme Hardship doesn’t have to be so hard.  On October 7, 2015, USCIS shared its draft “extreme hardship” policy memo, created with the goal of better defining the standard applied to various types of waivers.  The draft memo was happily received more than ten months after President Obama announced the endeavor with various other, more popular strides like the expansion…

Protection against Search and Seizure in Immigration Proceedings

The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures. In criminal cases, evidence discovered during an unreasonable search or seizure, such as during a warrantless arrest, can be suppressed in court. However, in civil cases, this “exclusionary rule” is generally not available. The American legal system views immigration law proceedings civil matters. This was determined by the…

The Investment Subsidiary and the E visa

It is well known that citizens of certain countries may enter the United States to establish a trade relationship with their home country or to invest in the United States.  Few people, however, know that companies can establish the same relationship as the individual investor.  This novelty in the law allows for some very flexible opportunities and creates the capacity…

DHS Prioritizes Removal of Individuals with DUI Convictions

There are many reasons not to drink and drive, but now we’ll give you one more. As part of President Obama’s executive action on immigration reform, the Department of Homeland Security has a new set of civil immigration enforcement priorities. The new priorities are divided into Tier 1, Tier 2, and Tier 3 priorities from highest to lowest. Tier 1…

Special Announcement for Undocumented Fathers of U.S. Citizen or Legal Permanent Resident Children: Establish Your Parental Rights!

There are many benefits to being legally recognized as the parent of a child.   In Minnesota, an unmarried father can voluntary sign a Recognition of Parentage (ROP) with his child’s mother, or establish paternity through family court.  Upon recognition or adjudication of legal parentage, a father has the right to seek custody and parenting time through family court, and be…

Changes to the Deferred Action for Childhood Arrivals Program (a/k/a you may now be eligible!)

On November 20, 2014, President Obama announced several important changes to the Deferred Action for Childhood Arrivals (DACA) program.  These changes mean more people will now be eligible for DACA. No More Age Limit: Those who entered the U.S. before their 16th birthday can now apply for DACA no matter how old they currently are.  Previously, applicants needed to be…

Announcing Deferred Action for Parents of U.S. Citizens and Legal Permanent Residents!

On November 20, 2014, President Obama announced the new Deferred Action for Parents (DAP) program.  DAP allows foreign national parents of U.S. citizen and legal permanent resident children to obtain deferred action for a period of three (3) years. DAP is not technically “lawful status” in the United States, nor is it permanent residency.  There are, however, very important benefits…

Immigration Policy Changes That Aim to Help Businesses and Workers

Last Thursday, President Obama announced a plan to help fix the immigration system through his executive authority that includes additional resources on the ground and elsewhere to secure the border, streamline the court process, and add more protections for crime victims. What do these announcements mean for U.S. business and foreign workers, however?  The announcement contained several measures designed to…

Immigration Benefits for Military Personnel and Family Members

In recognition of Veterans Day last week, Wilson Law Group would like to send a reminder of important benefits available to certain members of the military and family of service members. MAVNI – Direct Path to U.S. Citizenship MAVNI stands for “Military Accessions Vital to the National Interest.” MAVNI may be a quick path to U.S. citizenship for certain eligible…

A Few of the Many Reasons to Become a U.S. Citizen

Citizenship offers substantially more benefits than permanent residency.  Here are a few of the many reasons to naturalize: Risk of abandonment Permanent residents can travel internationally, but must be cautious about spending too much time outside of the U.S.  If you spend a year outside of the U.S., you will be presumed to have abandoned your permanent residency, and you…