January 09, 2013 |
Lawful Permanent Resident (LPR) Card Codes
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Posted By Ricky Malik |
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A lot can be determined by just looking at the category on a Lawful Permanent Resident (LPR) card.
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August 17, 2012 |
How to apply for Deferred Action (DACA)?
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Posted By Ricky Malik |
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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 hiring or discussing your eligibility with a qualified immigration attorney;
- Submit a check or money order payable to "U.S. Department of Homeland Security" for $465;
- Two (2) Passport Photos;
- Carefully complete forms G-28 (with attorney submissions*), I-821D, I-765, and I-765WS;
- Educational (or Armed Forces) Requirements:
- School- proof of current enrollment, graduation or completion, OR
- GED (General Educational Development) - proof of certification or current enrollment, OR
- Evidence that you are enrolled in an education, literacy, or career training program (including vocational training) designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement, OR
- Evidence of English as a Second Language (ESL) programs will qualify if the program is intended and designed for your placement in postsecondary education, job training, or employment, OR
- Military information;
- Evidence that you have been in the United States for 5 years:
- School records, cell phone bills, medical records, doctor's bills, school transcripts, rent receipts, utility bills, employment records, bank records, church docs, parental information, taxes, paystubs, W-2's, 1099's, money order receipts, children's birth certificates, passport entries, letters between you and another person or organization, title and vehicle registration, DMV records, rental agreements, postmarked letters, receipts, and any other relevant documentation;
- Were born after 6/15/81- Biographical page of passport OR other ID document such as a translated Birth Certificate;
- Are aged 15 or older right now. If younger than 15, you can still apply if you are now in immigration court or have ever been previously;
- Any proof you entered the U.S. without inspection before 6/15/12 or you were out of status by 6/15/12;
- Any proof you arrived in U.S. before the age of 16 (passports, visa or immigration docs, travel records, school records, hospital, medical, any official records, anything with name and date);
- Any proof you have continuously resided in the U.S. since 6/15/07 up to the present time and were physically present in the United States on 6/15/12;
- Any documentation about any criminal or traffic convictions or citations, if you have any;
- You cannot have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety (For more on criminal disqualifiers, click here).
- If ever in immigration court or apprehended by Immigration, those documents;
- Only had brief departures from the United States since June 15, 2007 or no departures at all.
Ricky Malik, Esq.
Contact me now at dream@rmlegal.com or toll free 877-577-VISA [8472]
*Attorney respresentation requires the use of a Form G-28 Notice of Entry of Appearance which places a double notice requirment on USCIS to send all correspondence to BOTH applicant and attorney doubly ensuring important mail, appointment and approval notices reach you.
This post is not intended as legal advice and you should not rely on it as a basis for you application. |
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June 15, 2012 |
DREAM! Huge Announcement: Deferred Action and Work Permits for Students
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Posted By Ricky Malik |
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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 thousands, the Obama administration announced that it will offer Deferred Action to those who know only the United States as home, for those who were brought to this country as children and has issued a DREAM act type directive which includes work permits.
There are five criteria to be eligible. The applicant:
1. Came to the United States under the age of sixteen;
2. Has continuously resided in the United States for a least five years preceding June 15, 2012 and is present in the United States as of June 15, 2012;
3. Is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
4. Has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and
5. Is not above the age of thirty.
Full Memo below. Huge and significant announcement. Way to go Heydi, DREAMers and all the thousands who helped make this happen.
Ricky Malik, Esq.
www.rmlegal.com |
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May 17, 2011 |
June Visa Bulletin Released
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Posted By Ricky Malik |
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Some movement: http://travel.state.gov/visa/bulletin/bulletin_4879.html
Ricky Malik, Esq.
Law Offices of Ricky Malik, P.C. |
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May 10, 2011 |
DOL wants to limit employer's ability to obtain accurate prevailing wages: "An employer that receives more than one PWD based on variations of its minimum job requirements must abide by the higher wage."
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Posted By Ricky Malik |
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Why the higher and not the lower? Was not that clearly explained in holding below:
TAKE SOLUTIONS v PAWAR SANDESH 2010PER00907 (APR 28 2011) 083332 CADEC SD
Ricky Malik, Esq.
www.rmlegal.com |
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May 07, 2011 |
Final Memo released on coordination between Immigration agencies for people who are fighting their case in Immigration Court
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Posted By Ricky Malik |
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United States Citizenship & Immigration Services released final memo guidance for coordination with U.S. Immigration and Customs Enforcement (ICE) on the adjudication of applications and petitions involving individuals in removal proceedings before the Executive Office of Immigration Review (EOIR).
Ricky Malik, Esq.
www.rmlegal.com
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April 27, 2011 |
Defining "Same or similar Occupational classification" for purposes of porting under INA 204(j) and AC 21
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Posted By Ricky Malik |
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United States Citizenship & Immigration Services (USCIS) released the following Q& A guidance.
USCIS - Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) |
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March 07, 2011 |
Waiting for a Priority Date but in Removal Proceedings? Hashmi not
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Posted By Ricky Malik |
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Many people are placed in removal proceedings but are waiting for adjudication of a petition or an adjudication from United States Citizenship and Immigration Services (USCIS) or simply for a family or employment based priority date to become current. At times Immigration Judges become impatient and order people removed or goad them into taking voluntary departure.
Remember the Board of Immigration Appeals (BIA) has addressed this issue on more than a few occasions. In Matter of Matter of Hashmi, 24 I. & N. Dec. 785 (BIA 2009), the Board stated an Immigration Judge (IJ) should consider when a continuance is requested in Immigration Court proceedings (deportation court):
(1) the DHS response to the motion; (2) whether the underlying visa petition is prima facie approvable; (3) the respondent’s statutory eligibility for adjustment of status; (4) whether the respondent’s application for adjustment merits a favorable exercise of discretion; and (5) the reason for the continuance and other procedural factors.
Ricky Malik, Esq.
Immigration Attorney
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March 01, 2011 |
USCIS Memo on Deciding Petitions and Applications when Foreign National in Removal Proceedings
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Posted By Ricky Malik |
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United States Citizenship & Immigration Services (USCIS) issued an interim memo (in effect now) to address scenarios when a foreign national is in removal (deportation ) proceedings before the Immigration Courts (part of the Department of Justice's Executive Office for Immigration Review) but an application for a benefit is pending before USCIS (part of the Department of Homeland Security).
Those Immigration Court litigators such as myself, know all too well the frustration of waiting months, if not years for USCIS to decide on an I-130, I-140 or other application.
Now USCIS is committed to 30 to 45 days time frames for adjudications. Thirty days for detained cases, 45 days for non-detained.
Ricky Malik, Esq.
Attorney at Law |
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February 28, 2011 |
The Office of Immigration Litigation's "Immigration Litigation Bulletin"
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Posted By Ricky Malik |
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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 Office of Immigration Litigation (OIL). Periodically, OIL publishes thieir Immigration Litigation Bulletin which was previously unavailable to the public until the Freedom of Information Act (FOIA) was applied to that division.
To view past Immigration Litigation Bulletins, click here.
Ricky Malik, Esq.
www.rmlegal.com |
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February 26, 2011 |
USCIS to Issue Single Employment Authorization and Advance Parole Card for Adjustment of Status Applicants
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Posted By Ricky Malik |
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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 Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.
The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.
Ricky Malik, Esq.
Attorney at Law
American Immigration Lawyers Association Member
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February 23, 2011 |
March 2011 Visa Bulletin Released
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Posted By Ricky Malik |
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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 attorney. If you have family members you would like to invite to the United States or if you wish to petition for employees, contact the Law Offices of Ricky Malik, P.C. and schedule a consultation with one of our experienced attorneys. Our office represents businesses and individuals in Virginia, Maryland, Washington, DC and throughout the United States and world.
Click Here to view the March 2011 Bulletin
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Ricky Malik
Immigration Attorney |
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February 04, 2011 |
Kazarian Memo: Evaluation Standard for certain EB-1 and EB-2 I-140 Immigrant Petitions
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Posted By Ricky Malik |
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"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 submitted in support of Form I-140, Immigrant Petition for Alien Worker, filed for:
Aliens of Extraordinary Ability under section 203(b)(1)(A) of the Immigration and Nationality Act (INA);
Outstanding Professors or Researchers under section 203(b)(1)(B) INA; and
Aliens of Exceptional Ability under section 203(b)(2) INA."
Ricky Malik, Esq.
rmlegal.com |
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January 13, 2011 |
Visa Bulletin February 2011
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Posted By Ricky Malik |
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The Department of State has released the Visa Bulletin for February 2011.
Immigration and sponsorship are far more complicated than thought. If you have family members you would like to invite to the United States or if you wish to petition for employees, contact the Law Offices of Ricky Malik, P.C. and schedule a consultation with one of our experienced attorneys. Our office represents businesses and individuals in Virginia, Maryland, Washington, DC and throughout the United States and the world.
Click Here to view the February 2011 Bulletin.
Ricky Malik
Immigration Attorney |
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January 09, 2011 |
USCIS Q&A in response to AILA
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Posted By Ricky Malik |
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USCIS 16 page response to a variety of stakeholder questions:
Ricky Malik, Esq. |
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December 03, 2010 |
Administrative Appeals Office on 204(j) Portability (AC 21)
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Posted By Ricky Malik |
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- Although section 204(j) of the Immigration and Nationality Act, 8 U.S.C. § 1154(j) (2000), provides that an employment-based immigrant visa petition shall remain valid with respect to a new job if the beneficiary's application for adjustment of status has been filed and remained unadjudicated for 180 days, the petition must have been "valid" to begin with if it is to "remain valid with respect to a new job."
- To be considered "valid" in harmony with related provisions and with the statute as a whole, the petition must have been filed for an alien who is "entitled" to the requested classification and that petition must have been "approved" by a U.S. Citizenship and Immigration Services ("USCIS") officer pursuant to his or her authority under the Act.
- Congress specifically granted USCIS the sole authority to make eligibility determinations for immigrant visa petitions under section 204(b) of the Act.
- An unadjudicated immigrant visa petition is not made "valid" merely through the act of filing the petition with USCIS or through the passage of 180 days.
Ricky Malik, Esq.
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December 01, 2010 |
AAO on Burden of Proof
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Posted By Ricky Malik |
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The Administrative Appeals Office published a postive case that addressed burden of proof. Hopefully, USCIS adjudicators will use this case as their guide when deciding cases. In Matter of Chawathe,
25 I&N Dec. 369 (AAO 2010) it was held that:
"In most administrative immigration proceedings, the applicant must prove by a preponderance of evidence that he or she is eligible for the benefit sought.
Even if the director has some doubt as to the truth, if the petitioner submits relevant, probative, and credible evidence that leads the director to believe that the claim is "more likely than not" or "probably" true, the applicant has satisfied the standard of proof. Matter of E-M-, 20 I&N Dec. 77, 79-80 (Comm'r 1989), followed.
If the director can articulate a material doubt, it is appropriate for the director to either request additional evidence or, if that doubt leads the director to believe that the claim is probably not true, deny the application or petition."
Ricky Malik, Esq.
Twitter: rmlegal |
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November 20, 2010 |
December 2010 Visa Bulletin Released
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Posted By Ricky Malik |
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The State Department has released the Visa Bulletin for November 2010.
Click Here to View.
Ricky Malik, Esq.
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November 16, 2010 |
BALCA: Screenshot is sufficient as proof for Labor Certification recruitment
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Posted By Ricky Malik |
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The Board of Alien Labor Certification Appeals (BALCA) finds that a screenshot from the State Workforce Agency (SWA) is sufficient to demonstrate job posting.
Ricky Malik, Esq.
www.rmlegal.com |
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November 15, 2010 |
December 2010 Visa Bulletin Released
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Posted By Ricky Malik |
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Family |
All Chargeability Areas Except Those Listed |
CHINA-mainland born |
DOMINICAN REPUBLIC |
INDIA |
MEXICO |
PHILIPPINES |
1st |
15FEB06 |
15FEB06 |
01JUN04 |
15FEB06 |
01JAN93 |
01APR97 |
2A |
01AUG10 |
01AUG10 |
01AUG10 |
01AUG10 |
01MAR10 |
01AUG10 |
2B |
01JUN05 |
01JUN05 |
01JAN02 |
01JUN05 |
22JUN92 |
01MAR00 |
3rd |
01JUN02 |
01JUN02 |
01JUN02 |
01JUN02 |
22OCT92 |
01JUL92 |
4th |
01JAN02 |
01JAN02 |
01JAN02 |
01JAN02 |
22DEC95 |
01JAN88 |
Employment- Based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
DOMINICAN REPUBLIC |
INDIA |
MEXICO |
PHILIPPINES |
1st |
C |
C |
C |
C |
C |
C |
2nd |
C |
08JUN06 |
C |
08MAY06 |
C |
C |
3rd |
22FEB05 |
08DEC03 |
22FEB05 |
22JAN02 |
01JUL02 |
22FEB05 |
Other Workers |
22APR03 |
22APR03 |
22APR03 |
22JAN02 |
01JUL02 |
22APR03 |
4th |
C |
C |
C |
C |
C |
C |
Certain Religious Workers |
C |
C |
C |
C |
C |
C |
5th |
C |
C |
C |
C |
C |
C |
Targeted Employment Areas/ Regional Centers |
C |
C |
C |
C |
C |
C |
5th Pilot Programs |
C |
C |
C |
C |
C |
C |
Click to View Full Bulletin: http://travel.state.gov/visa/bulletin/bulletin_5197.html
Ricky Malik, Esq.
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October 20, 2010 |
November 2010 Visa Bulletin
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Posted By Ricky Malik |
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The Visa Bulletin for November 2010 has been released.
Click here.
Ricky Malik, Esq. |
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October 15, 2010 |
4th Circuit: False claim to U.S. Citizenship on I-9 is material misrepresentation
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Posted By Ricky Malik |
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The Fourth Circuit, in an appeal of a criminal case, upheld a conviction for false claim of citizenship on an I-9 Form. An I-9 is the form anyone seeking employment in the United States, and their employers, must complete in order to work. In this case a former TPS holder's misrepresentation as a U.S. Citizen on the I-9 was deemed material. US v. Garcia-Ochoa, 607 F. 3d 371:
See also the Board of Immigration Appeals Decision in Matter of Olga BARCENAS-BARRERA, Cite as 25 I&N Dec. 40 (BIA 2009) holding that An alien who willfully and knowingly makes a false representation of birth in the United States on a passport application is inadmissible under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(ii) (2006), for making a false representation of United States citizenship.
Ricky Malik, Esq. |
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October 14, 2010 |
5th Circuit: An immigrant can legally work but may still not be legal???
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Posted By Ricky Malik |
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In a confusing decision, the 5th Circuit Court of Appeals held that the automatic 240-day extension of employment authorization that accompanies an extension of nonimmigrant status under does not provide lawful immigration status for purposes of INA §§245(c)(2) and 245(k)(2)(A).
This is a very confuising issue, and one that our firm also runs into a lot wtih Temporary Protected Status (TPS) applicants as well as those with long term pending asylum applications who recieve interim work permits. It seems USCIS contends that illegals are allowed to work?? If you are allowed to work, how can you be illegal? The 5th Circuit has found the logic to answer this oxymoronic question in Bokhari vs. Holder:
Ricky Malik, Esq. |
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September 27, 2010 |
Attorney Ricky Malik has dinner with Visa Bulletin Chief
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Posted By Ricky Malik |
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On September 22, 2010, Attorney Ricky Malik attended a dinner sponsored by the American Immigration Lawyers Association hosting Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division, Bureau of Consular Affairs at the State Department.
Mr. Oppenheim is responsible for publishing the monthly visa bulletin that informs millions of people around if their priority dates are current. Mr. Oppenhiem was very insightful in explaining the intricacies of the visa system that is unfortunately limited by the low numbers of visas.
EB-2 India is expected to move slowly this next fiscal year at about the pace of 1 week per month. EB-2 China a little faster.
Interestingly, Mr. Oppenheim noted that he would unlikely designate whole categories Unavailable or "U" but would rather retrogress them further if a category is oversubscribed.
Ricky Malik, Esq. |
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September 08, 2010 |
BIA limits 245(i) Grandfathering: Matter of Legaspi
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Posted By Ricky Malik |
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"An alien is not independently “grandfathered” for purposes of adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. 1255(i) (2006), simply by virtue of marriage to another alien who is “grandfathered” under section 245(i) as the
result of having been a derivative beneficiary of a visa petition." Matter of Legapsi 25 I&N Dec. 328 (BIA 2010)
Ricky Malik, Esq. |
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August 15, 2010 |
U.S. Department of Labor releases FAQ 11 for Permanent Labor Certification (PERM)
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Posted By Ricky |
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The Department of Labor (DOL) released the 11th round of Frequently asked questions for the PERM/Labor Certification Process. A Labor Certification is the first step in the Employment based greencard process. FAQ below:
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July 24, 2010 |
Eligibility for Adjustment of Status (Greencard) under Section 245(i) is not barred due to unauthorized employment
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Posted By Ricky |
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The Board of Immigration Appeals (BIA) determined on April 30, 2010 in Matter of ALANIA, 25 I&N Dec. 231 (BIA 2010) that a foreign national who is eligible to adjust status, in other words receive a greencard, through Section 245(i) of the Immigration and Nationality Act, cannot be denied due to unauthorized employment.
Section 245(i) was a provision of the law that was enacted in 1994 and then renewed in December 2000 by then President Bill Clinton. Section 245(i) allowed for those who were unlawfully present in the United States to legalize their status if they had a qualifying family member or employer who would sponsor/petition for them, were willing to pay the $1000 penalty on form I-485A and if they met certain other requirements.
The full case is below:
Matter of Alania - |
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July 14, 2010 |
Visa Bulletin for August 2010
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Posted By Ricky |
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Significant movement in some Employment Based categories.
Click here to view full bulletin.
Ricky Malik, Esq.
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June 07, 2010 |
USCIS Releases Numbers on Pending Employment Based 485's
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Posted By Ricky |
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Click here to view charts. |
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