Recent Blog Posts

TPS Work Authorization Automatically extended while application is pending

Ricky Malik — Wed, 11 Jan 2012 15:21:00 GMT

Many Temporary Protected Status (TPS) applicants and especially their employers are concerned that their work permits expire while they are waiting for their new card. However, as in previous years, all TPS applicants work permits are automatically renewed as long as they file for their renewal timely.

This means that even if a TPS work permit (employment authorization docment - EAD) has an expired date on it, it is still valid due to the blanket automatic extension announced by immigration (USCIS). See the below documents that can be used by both employer and employees:

Federal Register:

Ricky Malik, Esq.

greencard@mail.com

TPS El Salvador Renewed - 2012

Ricky Malik — Wed, 11 Jan 2012 14:40:00 GMT

Temporary Protected Status (TPS) for El Salvador has been renewed.

Applicants must register by March 12, 2012. USCIS notices, including Federal Register below:

Ricky Malik, Esq.

Immigration Attorney

The U Visa Regulations - Federal Register

Ricky Malik — Tue, 10 Jan 2012 17:15:00 GMT

The U Visa Regulations:

Ricky Malik, Esq.

www.rmlegal.com

Federal Register on Proposed Provisional Waiver

Ricky Malik — Tue, 10 Jan 2012 02:00:00 GMT

Ricky Malik, Esq.

www.rmlegal.com

USCIS on 601 Waivers

Ricky Malik — Sun, 08 Jan 2012 17:35:00 GMT

USCIS Office of Public Engagement: I-601 Notice of Intent

U.S. Citizenship and Immigration Services sent this bulletin at 01/06/2012 10:32 AM EST

Dear Stakeholders-

U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Intent in the Federal Register outlining a proposed change to its current process for the filing and adjudication of waivers of inadmissibility relating to unlawful presence.

The proposed process would allow certain individuals seeking permanent residence through their U.S. citizen immediate relatives to apply for waivers of inadmissibility before leaving the U.S. for their interview at a U.S. Embassy or Consulate overseas.

The proposal reflects the Administration’s steadfast commitment to maintaining the integrity of immigration law, promoting family unity and improving overall efficiency in the immigration system. This change would decrease the time eligible individuals are separated from their U.S. citizen relatives and would only apply in cases where U.S. citizens would suffer extreme hardship as a result of prolonged separation.

USCIS will host a stakeholder engagement on January 10, 2012 at 2:00 pm (EST) to provide an overview of how these proposed process changes may affect filing and adjudication as well as address questions and concerns from stakeholders. Please see the attached invitation for more information.

Kind Regards,

Office of Public Engagement

U.S. Citizenship and Immigration Services

www.uscis.gov

USCIS Release on New Process for Waivers

Ricky Malik — Sat, 07 Jan 2012 18:52:00 GMT

In the Federal Register on Monday, January 9, 2011 a new proposed provision will be publshed allowing many undocumented immigrants to process their waivers while inside the United States. For many years, certain immigrants were afraid to leave the United States to process their "greencards" because they feared their waivers (pardons) would be denied thereby barring re-entry into the United States for 10 years.

Now the Obama administration is changing the law to allow immigrants to process the waivers inside the United States taking away the risk of going overseas and getting denied. However, the immigrant will still have to leave the U.S. to pick up his/her immigrant visa but will not wait for months or years while the waiver is being processed. This concept of still having to leave will please the Republican oppostion as they have been proponents of legalization only if ther person goes overseas to get their visas. This seems like a good compromise on its face that should please all sides.

Below is the release from USCIS:

Ricky Malik, Esq.

www.rmlegal.com

Major Proposed Change in Immigration: New Process for Waivers to be decided in the United States

Ricky Malik — Fri, 06 Jan 2012 16:30:00 GMT

There is a major proposed announcement changing the Immigration process for many foreign nationals who are illegal in the United States. At present, many people must travel outside the United States and wait months if not years to seek forgiveness (a waiver) to re-enter the U.S.

Now, the Obama administration is proposing to allow certain relatives of U.S. Citizens to apply for the waiver and wait inside the United States. Then once the immigrant petition (I-130) and waiver (I-601) have been approved, the foreign national can go to simply and expeditiously pick up the visa from their home embassy or consulate.

The proposal was preliminary announced this morning and will become official once published in the Federal Register on Monday, January 9, 2012.

Below is the Advance copy of the USCIS notice that would allow certain immediate relatives of U.S. Citizens to request INA 212(1)(9)(B)(v) unlawful presence waivers, prior to departing the U.S. for consular processing of their immigrant visa application.

Ricky Malik, Esq.

Immigration Attorney

Children up to age 25 can file for VAWA self-petition

Ricky Malik — Sat, 03 Dec 2011 17:05:00 GMT

USCIS issued a memo clarifying that a child continues to be eligible to file a VAWA self-petition beyond the age of 21, up to the age of 25, as long as the abuse was one of the cental reasons for the delay in filing. The abuse however must have occurred at the latest, on the day before the applicant turned 21 and the applicant must be unmarried even at the time of filing.

Full memo below:

Ricky Malik, Esq.

www.rmlegal.com

The ICE Detainer

Ricky Malik — Fri, 02 Dec 2011 16:35:00 GMT

On occasion (all the time in Prince William County, VA), when a non-citizen is pulled over or arrested by law enforcment for traffic or criminal violations, ICE place a detainer, a hold, on that person. A detainer is a request by ICE for the local police department or jail to hold the person for up to 48 hours while ICE determines if they should take that person into immigration custody.

While ICE is getting better, the 48 hour rule is not complied with as much as should be the case. ICE issues its detainer request on form I-247 which is shown below. As you can see, in CAPS and bolded is the language "MAINTAIN CUSTODY OF ALIEN FOR A PERIOD NOT TO EXCEED 48 HOURS."

Ricky Malik, Esq.

www.rmlegal.com

The Expansion of VAWA to include battered or abused parents of U.S. Citizens

Ricky Malik — Thu, 01 Dec 2011 13:25:00 GMT

USCIS released a memo addressing the ability of abused and battered parents of U.S. Citizens to file VAWA self-petitions. USCIS correctly intrepreted the intent of Congress in the Immigraition and Nationality Act (INA) to include the ability to step parents and adoptive parents to self-petition:

"An abused parent, stepparent, or adoptive parent of a U.S. citizen is therefore eligible to apply for VAWA relief pursuant to 201(a)(1)(A)(vii) provided that the self petitioner is a “parent” (as defined in section 101(b)(2)) and has or had a qualifying relationship to a U.S. citizen son or daughter. Additionally, the qualifying relationship must have been in existence at the time of the abuse and at the time of filing."

Full memo:

Ricky Malik, Esq.

www.rmlegal.com

Immigration High Court further limits Cancellation of Removal eligibility

Ricky Malik — Wed, 30 Nov 2011 16:45:00 GMT

The Board of Immigration Appeals (BIA) further limited a non-citizen's ability to apply for Cancellaition of Removal issuing a decision disallowing a 212(h) waiver to be used to overcome certain criminal grounds.

Cancellation of Removal for non-greencard holders is available to stop the removal (deportation) of an immigrant who can prove s/he has been in the United Sates for 10 years, establish good moral character, and demonstrate that close family members would suffer exceptional or extremely unusual hardship if the immigrant were to be deported.

In Matter of Busatamante, 25 I&N Dec. 564 (BIA 2011), the immigrant has been convicted of possession of 20 grams of Marijuana. A 212(h) waiver exists to forgive an immigrant who possessed less than 30 grams. Bustamante applied for a 212(h) waiver to apply for forgiveness for the 20g and then demonstrate how badly his family would suffer if her were to be deported.

Unforutnately, the Immigration high court did not agree and closed the door for many immigrants to use the 212(h):

Ricky Malik, Esq.

www.rmlegal.com

Temporary Protected Status (TPS) renewal notices for Nicaragua and Honduras

Ricky Malik — Tue, 29 Nov 2011 15:35:00 GMT

Notices and Federal Register for Temporary Protected Status (TPS) renewals for Nicaragua and Honduras.

TPS Honduras extension 2011

Ricky Malik, Esq.

www.rmlegal.com

USCIS Memo on Commencement of Removal Proceedings: Anytime we can put someone in Immigration Court, we will

Ricky Malik — Mon, 28 Nov 2011 14:00:00 GMT

United States Citizenship & Immigration Services (USCIS) issued a memo on November 7, 2011 providing guidelines to officers describing when a Notice to Appear (NTA) is to be issued. An NTA is the document that starts removal (deportation) proceedings against a non-citizen. It is sometimes referred to as the charging document and recieving one of these is usually bad news because it means the United States is trying to deport you. If you get an NTA which generally looks like the document below, it is best to quickly consult with a qualified immigration attorney.

The November 7, 2011 Memo below generally seems to indicate tha anytime USCIS can deny an application, they will place that person in deportation court.

Ricky Malik, Esq.

www.rmlegal.com

Court further takes away from Immigrants by allowing Immigration Officers to trick them

Ricky Malik — Sun, 27 Nov 2011 16:00:00 GMT

The BIA in Matter of E-R-M-F- & A-S-M-, 25 I&N Dec. 580 (BIA 2011) determined that "Until an alien who is arrested without a warrant is placed in formal proceedings by the filing of a Notice to Appear (Form I-862), the regulation at 8 C.F.R. § 287.3(c) (2011) does not require immigration officers to advise the alien that he or she has a right to counsel and that any statements made during interrogation can subsequently be used against the alien."

This seems outrageous. Law enforcment officers are required to immediately read a suspected defendant his Miranda rights, but not in the Immigration world? Is the Board determining that immigration officers are not real law enformcement officers?

Ricky Malik, Esq.

www.rmlegal.com

Court holds attempted arson to be an Agg Fel even when Federal Law does not agree

Ricky Malik — Sat, 26 Nov 2011 16:45:00 GMT

The Board of Immigration Appeals (BIA) in Matter of Bautista, s 25 I&N Dec. 616 (BIA 2011) determined that:

"Attempted arson in the third degree in violation of sections 110 and 150.10 of the New York Penal Law is an aggravated felony under section 101(a)(43)(E)(i) of the Immigration andNationalityAct, 8U.S.C. § 1101(a)(43)(E (i) (2006), even though the State crime lacks the jurisdictional element in the applicable Federal arson offense. Matter of Vasquez-Muniz, 23 I&N Dec. 207 (BIA 2002), followed."

The contention we really have with the case is this is just another situation where the BIA is engaging in judical activism of trying to write conservative immigration laws. The Federal Government hold exclusive authority over immigration, but here the BIA is finding a state crime to be a deportable offense even though there is no Federal law that deems it deportable. Full case below: