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Immigration Blog

Obama Takes Executive Action on Immigration

On November 20, 2014, President Obama addressed the nation on steps he is taking to fix the broken Immigration system in light of Congress' failure to act. The main provsions that have been ...
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Washington Post Story features Ricky Malik

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A Motion To Rescind a Prior Removal Order Is Not Required If You Are Seeking Asylum Based on Changed Country Conditions

The Board of Immigration Appeals (BIA) clarified that a foreign national does not need to rescind a prior removal order if a foreign national seeks to file for asylum based on changed country ...
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Legal Status for Military Family Members

Legal Immigration Status for Military Family Members If you are the spouse, parent, or child of an active duty or retired member of the Army, Marines, Navy, Air Force, Selective Reserve of the Ready ...
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Petition to Designate Temporary Protected Status (TPS) to the Philippines

Friends, we started an online petition on a great website called www.change.org. In the aftermath of Super Typhoon Haiyan that devastated the Philippines and took the lives of thousands, we want ...
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8 Ways To Get a Deferred Action (DACA) Travel Document

Welcome Dreamers. We are repeatedly asked by students and young persons who have been granted under the Deferred Action for Childhood Arrivals (DACA or Dream Act as it is commonly referred to) program ...
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Can a Same-Sex Couple Apply for a Greencard If The State They Live In Does Not Recognize Same-Sex Marriage?

Since the Supreme Court ruling in United States v. Windsor striking down the Defense of Marriage Act (DOMA) Section 3's definition of marriage as between one man and one woman, many same-sex ...
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Getting Work Permits For People With Pending Asylum Cases Should Get Easier Soon

For those of us familiar with Asylum cases, there is much grumbling and moaning when you mention "The Clock." It can ruin a person's ability to support themselves and it is unclear when ...
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Creative Strategy for DACA (Dream Act) Case

We recently received a Deferred Action for Childhood Arrivals (DACA or commonly referred to as the Dream Act) approval for a case I am particularly proud of. Some background first. We had a client who ...
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Immigration Options for Same-Sex Couples

In the United States v. Windsor, the Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional. This monumental decision, which was the culmination of years of ...
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Travelling outside the United States as a Dreamer (DACA)

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 ...
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Free Provisional Stateside Waiver Evaluation-Online and Confidential!

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', ...
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Can I apply for a Provisional Waiver if I am in removal (deportation) proceedings?

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 ...
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New ICE Detainer policy - December 21, 2012

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, ...
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Lawful Permanent Resident (LPR) Card Codes

A lot can be determined by just looking at the category on a Lawful Permanent Resident (LPR) card.
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DHS has the burden to prove LPR's inadmissiblity

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 ...
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I want to apply for Provisional Waiver, but my case is already at NVC?

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 ...
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How do you prove "Extreme Hardship"?

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 ...
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New Provisional Waiver Rule Released

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 ...
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Nonimmigrants: Who Can Study?

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 ...
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Virginia DMV confirms Deferred Action students will be able to obtain Driver's Licenses!

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 ...
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Deferred Action (DACA) Applications and Crimes, Convictions, Arrests and Charges

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 ...
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How is "currently in school" defined for the Deferred Action Program?

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 ...
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The information on this Virginia Lawyer / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. The Law Offices of Ricky Malik, P.C. represents clients in all 50 states of the United States and the World over, including Manassas, VA, Prince William County, Arlington, Fairfax, Centreville, Alexandria, Falls Church, Roslyn, Washington, DC, Loudon County, Lorton, Woodbridge, Virginia, Takoma Park, MD, Langley Park, Bethesda, Rockville, Hyattsville, Montgomery County, Prince George's County, Columbia, and Baltimore, Maryland.