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Immigration Blog
Posted on Jan 31, 2013
A young client who was recently granted legal status and work authorization under the Deferred Action for Childhood Arrivals (DACA) program asked me if he could travel outside the United States. His ...
Continue reading "Travelling outside the United States as a Dreamer (DACA)" »
Posted on Jan 29, 2013
Fill out my online form. For more on the Provisional Waiver, click here. var m7x3z9;(function(d, t) { var s = d.createElement(t), options = { 'userName':'rmlegal', 'formHash':'m7x3z9', ...
Continue reading "Free Provisional Stateside Waiver Evaluation-Online and Confidential!" »
Posted on Jan 14, 2013
We are fielding questions about whether someone in removal proceedings or who has been ordered removed (deported) can apply under the new Provisional Waiver Process. The Answer If you are currently in ...
Continue reading "Can I apply for a Provisional Waiver if I am in removal (deportation) proceedings?" »
Posted on Jan 11, 2013
The director of Immigration & Customs Enforcment, John Morton, released a memorandum on December 21, 2012 that if implemented will significantly scale back the application of detainers by federal, ...
Continue reading "New ICE Detainer policy - December 21, 2012" »
Posted on Jan 9, 2013
A lot can be determined by just looking at the category on a Lawful Permanent Resident (LPR) card.
Continue reading "Lawful Permanent Resident (LPR) Card Codes" »
Posted on Jan 8, 2013
When a permanent resident (LPR or greencard holder) travels overseas and returns, s/he is NOT to be treated as what is known as seeking admission (or an applicant for admission) into the United ...
Continue reading "DHS has the burden to prove LPR's inadmissiblity" »
Posted on Jan 7, 2013
Many people are wondering what to do if they want to apply under the new provisional waiver process that was announced on January 3, 2013, but their visa petitions (130's) have been approved and ...
Continue reading "I want to apply for Provisional Waiver, but my case is already at NVC?" »
Posted on Jan 4, 2013
The new provisional waiver process that was published in the Federal Register on January 3, 2013 has brought out a lot of questions about what consitutes "extreme hardship." This is after ...
Continue reading "How do you prove "Extreme Hardship"?" »
Posted on Jan 3, 2013
After almost a year of waiting, the new Provisional Waiver rule was relesed on January 3, 2013 with an effective date of March 4, 2013. The new rule allows foreign nationals who have been unlawfully ...
Continue reading "New Provisional Waiver Rule Released" »
Posted on Aug 26, 2012
A question often asked is if persons on nonimmigrant visas (and their spoused and children) can study while in the United States. The following document from ICE provides guidance. var ...
Continue reading "Nonimmigrants: Who Can Study?" »
Posted on Aug 19, 2012
Good news! A common question we are asked by Deferred Action (DACA) applicants is whether they can get driver's licenses. In Virginia, the answer is "yes." "The Virginia Department ...
Continue reading "Virginia DMV confirms Deferred Action students will be able to obtain Driver's Licenses!" »
Posted on Aug 19, 2012
An area the Law Offices of Ricky Malik, PC has always gained expertise in is the intersection of immigration with criminal convictions. The new Deferred Action for Childhood Arrivals (DACA) program ...
Continue reading "Deferred Action (DACA) Applications and Crimes, Convictions, Arrests and Charges" »
Posted on Aug 18, 2012
We are receiving many questions about the "school" requirment for DACA: "Can I enroll in a GED program now?", "What if I completed High School in my country, can I enroll in ...
Continue reading "How is "currently in school" defined for the Deferred Action Program?" »
Posted on Aug 17, 2012
USCIS is now accepting applications for Deferred Action for Childhood Entrants (DACA) as of August 15, 2012. In order to apply, you need to consider and/or submit the following: Strongly consider ...
Continue reading "How to apply for Deferred Action (DACA)?" »
Posted on Aug 5, 2012
The Department of Homeland announced the procedure for young persons to file for deferred action as announced by the Obama administration on June 15, 2012. Filing will begin on August 15, 2012. Young ...
Continue reading "USCIS will begin to accept Deferred Action (DREAM) applications on August 15, 2012" »
Posted on Jun 15, 2012
On Monday, June 11, 2012 and the following day, the Washington Post ran a story about one of the Law Offices of Ricky Malik's clients. Today, June 15, 2012, after many years of advocating by ...
Continue reading "DREAM! Huge Announcement: Deferred Action and Work Permits for Students" »
Posted on Jun 10, 2012
One of the law firm's clients was featured on the front page of the Washington Post on June 11 and 12, 2012. Calls of support have been pouring in all day and we want to thank everyone. Story ...
Continue reading "Client's story featured on Washington Post" »
Posted on Feb 17, 2012
I am oftentimes asked by people who are ineligble to get Lawful Permanent Residency (LPR/greencard) in the United States about going overseas to complete a waiver process, known commonly as an I-601. ...
Continue reading "How long will my waiver (601) take if I go overseas?" »
Posted on Feb 16, 2012
Yes, in certain circumstances per 8 CFR 204.2(a)(1)(iii)(F)(4), 204.2(I)(3) and 204.2(a)(4) for derivative beneficiaries of marriage based petitions. Recapture is complicated and it is highly ...
Continue reading "Can I Recapture and Retain an Earlier Priority Date?" »
Posted on Feb 15, 2012
Yes! According to USCIS-NBC in meeting held in October 2011 with AILA, even if your case has been denied by USCIS, and then subsequently denied by an Immigration Judge, you can still apply and get ...
Continue reading "Can I apply for a work permit (EAD) even if my case was denied and is on appeal?" »
Posted on Jan 11, 2012
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, ...
Continue reading "TPS Work Authorization Automatically extended while application is pending" »
Posted on Jan 11, 2012
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
Continue reading "TPS El Salvador Renewed - 2012" »
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