Derek J. Poulsen

Derek Poulsen is the managing attorney at Wilner & O’Reilly, APLC San Diego location. He is admitted to the Iowa State Bar and the Nebraska State Bar. Mr. Poulsen focuses his practice on removal defense cases where he represents clients before the Immigration Court and on appeal with the Board of Immigration Appeals. He graduated from Utah State University where he earned his Bachelor of Arts degree in Sociology with a Minor in Spanish. He earned his Juris Doctor degree from Creighton University School of Law. During law school, he was selected to be on Creighton’s National Trial Team and earned the Honorable Lyle E. Strom Trial Advocacy Award. Derek previously worked at the immigration law office of Jason Finch and Associates, PC, LLO, in Omaha, Nebraska. During his time there his practice included criminal defense. He gained valuable knowledge of the negative immigration consequences that differing criminal activity has on an individual’s ability to remain in the United States. He also worked on family based immigration, U-Visas, Special Immigrant Juvenile Visas, and 601/601A waivers. While in Nebraska Derek provided pro bono legal service at the Latino Center of the Midlands where he provided legal advice to immigrants. Having lived in Peru he has a great love for the Hispanic culture and is fluent in Spanish. While not at work Derek enjoys spending time with his wife and four children, traveling, building things with his hands, and attempting to golf.

Creighton University School of Law

J.D. (2014) | Law School

2014

Honors: Exceptional Skills in Litigation Theory and Practice

Utah State University

B.S. (2005) | Sociology

2005

Managing Attorney

Wilner & O'Reilly | Immigration Lawyers - San Diego

2020 - Current

Attorney

Wilner & O'Reilly | Immigration Lawyers - Orange

2018 - 2020

Attorney

Jason Finch and Associates, PC. LLO

2016 - 2018

Law Clerk

Jason Finch and Associates, PC. LLO

2013 - 2016

Legal Intern

Utah First District Court

2012 - 2012

Adjustment of Status Following Entry into The United States With Either C-1 Or C-1/D Visa

Wilner & O'Reilly Blog

June 5, 2020

GOVERNMENT SHUTDOWN: THE WALL OF IRONY

Wilner & O'Reilly Blog

January 15, 2019

Immigration Updates, Downey, CA

2018

Desert Reign Church

Exceptional Skills in Litigation Theory and Practice

Creighton University School of Law

2014

Nebraska State Bar Association  # 26276

Member

Current

J. Reuben Clark Law Society

Member

2014 - Current

Iowa

Supreme Court of Iowa

Nebraska

Nebraska State Bar Association

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Q. Does my fiancée need to move in with me when we get married to start her U.S. citizenship process?

July 7, 2020

A: In short, yes you can file the paperwork even if you don't live together but I would not recommend it. The bigger question is whether the application will be approved? You will have an interview during the process and the officer will want to know if you are in a bona fide marriage. If you are not living together this can raise some red flags and the application may even be denied. There are many things to consider when applying to adjust status so it is recommended that you speak with an immigration attorney before doing anything.

Q. I became a US citizen through naturalization last December and, Now I am having a baby outside US and I am out of US to?

June 16, 2020

A: The law states that a child born outside of the United States acquires citizenship at birth if at the time of the child's birth both of the following requirements are met:

1) One parent is an alien and the other parent is a U.S. citizen; and​

2) The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.

I would need more information to give you a definite answer but from what you have provided it appears there is a high likelihood your child will be a US citizen at birth.