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Blog Posts in February, 2011

The Office of Immigration Litigation's "Immigration Litigation Bulletin"

It sounds like a mouthful. One of the divisions of the U.S. Government that represents the U.S. Department of Homeland Security before the Federal Courts (mainly the various Courts of Appeal) is the ...
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USCIS Memo: Revocation of VAWA-Based Self-Petitions

United States Citizenship & Immigration Services (USCIS) published a memo earlier this year indicating detailing when a Violence Against Women Act (VAWA) self petition can be revoked: "If an ...
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USCIS to Issue Single Employment Authorization and Advance Parole Card for Adjustment of Status Applicants

U.S. Citizenship and Immigration Services (USCIS) announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register ...
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BIA on stop-time remedy of departing and returning to the U.S

The Board of Immigration Appeals held in Matter of Nelson 25 I&N Dec. 410 (BIA 2011): " Once an alien has been convicted of an offense that stops the accrual of the 7-year period of continuous ...
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March 2011 Visa Bulletin Released

The Department of State has released the Visa Bulletin for March 2011. Petitioning for foreign born employees and family members can be a far more complicated process without the assistance of a good ...
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Huge 4th Circuit Victory on Gang based persecution based on family as particular social group

In a refreshing decision, the Fourth Circuit Court of Appeals remanded an MS-13 El Salvador gang case back to the Board of Immigration Appeals after determining that the respondent did fit within a ...
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BIA overrules Shanu to clarify concept of "admission"

Headnote: "In general, an alien's conviction for a crime involving moral turpitude triggers removability under section 237(a)(2)(A)(i) of the Immigration and Nationality Act, 8 U.S.C. ยง ...
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Fourth Circuit Court of Appeals Issues Published Decision on Social Group Based Asylum for Firm's Client

In a case argued and briefed by Attorney Ricky Malik, the U.S. Fourth Circuit Court of Appeals issued a published decision on January 19, 2011 denying the asylum, withholding and Convention against ...
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Kazarian Memo: Evaluation Standard for certain EB-1 and EB-2 I-140 Immigrant Petitions

"This Policy Memorandum (PM) provides guidance regarding the analysis that U.S. Citizenship and Immigration Service (USCIS) officers who adjudicate these petitions should use when evaluating evidence ...
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Fourth Circuit analyzes an Immigration Conviction

The Fourth Circuit Court of Appeals analyzed whether a VA Code 18.2-251 dismissal qualifies as a conviction for Immigration purposes per INA 101(a)(48)(A) even though it was a deferred adjudication. ...
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Asylum victory for Attorney Ricky Malik based on Domestic Violence

Attorney Ricky Malik argued and tried a case of a woman who was seeking asylum based on the severe abuse endured at the hands of her husband. Ricky Malik, Esq. Immigration Attorney
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FY 2011 H-1B cap count reached!

USCIS has reached its annual cap for H-1B petitions. The next time employers may petition will be on April 1, 2011 for a start date of October 1, 2011. Contact the Law Offices of Ricky Malik, P.C. to ...
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TPS Memo clarifies which grounds of inadmissibility do not apply and waivers

USCIS issued a draft memo, open for comment until February 10, 2001 addressing which grounds of inadmissibility do NOT apply to Temporary Protected Status (TPS applicants). The memo also briefly ...
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