Blog Posts in 2013
Posted on Nov 20, 2013 By Ricky Malik
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 ...
Continue reading "A Motion To Rescind a Prior Removal Order Is Not Required If You Are Seeking Asylum Based on Changed Country Conditions" »
Posted on Nov 18, 2013 By Ricky Malik
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 ...
Continue reading "Legal Status for Military Family Members" »
Posted on Nov 16, 2013 By Ricky Malik
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 ...
Continue reading "Petition to Designate Temporary Protected Status (TPS) to the Philippines" »
Posted on Nov 12, 2013 By Ricky Malik
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 ...
Continue reading "8 Ways To Get a Deferred Action (DACA) Travel Document" »
Posted on Nov 11, 2013 By Ricky Malik
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 ...
Continue reading "Can a Same-Sex Couple Apply for a Greencard If The State They Live In Does Not Recognize Same-Sex Marriage?" »
Posted on Nov 8, 2013 By Ricky Malik
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 ...
Continue reading "Getting Work Permits For People With Pending Asylum Cases Should Get Easier Soon" »
Posted on Nov 7, 2013 By Ricky Malik
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 ...
Continue reading "Creative Strategy for DACA (Dream Act) Case" »
Posted on Nov 6, 2013 By Ricky Malik
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 ...
Continue reading "Immigration Options for Same-Sex Couples" »
Posted on Jan 31, 2013 By Ricky Malik
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 By Ricky Malik
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 By Ricky Malik
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 By Ricky Malik
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 By Ricky Malik
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 By Ricky Malik
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 By Ricky Malik
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 By Ricky Malik
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 By Ricky Malik
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" »