In 2013 the Department of Homeland Security (DHS) implemented a program to alleviate family separation and allow spouses and children of US Citizens (who were undocumented in the United States) to apply for a Provisional Unlawful Presence Waiver. The process allowed spouses and children of US Citizens to obtain lawful immigration status in the United States upon completion of a series of steps, the final of which was attending an appointment at the US Consulate in their home countries. If approved at the US Consulate, the individual would return legally to the United States as a Lawful Permanent Resident (LPR or Green Card holder)

On July 29, 2016, DHS expanded that program to include spouses and children of Lawful Permanent Resident.

If you or someone you know is undocumented and has either a:
1) US Citizen Spouse;
2) US Citizen Parent;
3) LPR (Green card) Spouse; or
4) LPR (Green card) Parent,

Please contact us, that person may be eligible for the recent or expanded Provisional Waiver process. The Law Offices of Ricky Malik, PC has helped countless clients navigate and achieve legal status.
www.rmlegal.com. 703-686-9900. info@rmlegal.com

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 announed so far and details about who qualifies and when are as follows.

DAP (Deferred Action for Parents) - Available approximately June 15, 2015

• An undocuemted person who has lived in the United States since January 1, 2010;
• Has a US Citizen or Lawful Permanent Resident (LPR) child who was born before November 20, 2014;
• Passes a background check and pays taxes.

Expanded DACA (Deferred Action for Childhood Arrivals or "Dream Act") - Available approximately February 15, 2015

• A person who has been in the United States since January 1, 2010;
• Came to the United States before reaching their 16th birthday;
• In school, have graduated or obtained a GED;
• Has not been convicted of 3 misdemeanors or 1 significant felony.

Expanded Provisional Waivers for Unlawful Presence

• Undocumented individuals who have resided in the United States unlawfully for 6 months;
• Can be petitioned for by a US Citizen
• Demonstrate that one or more of the following person will experience extreme hardship if not approved: US Citizen Spouse, US Citizen Parent, Lawful Permanent Resident (LPR) Spouse, LPR Parents.

For more information, stay tuned and contact us at info@rmlegal.com or 703-686-9900.

Ricky Malik, Esq.

Story in Text:

Story in Graphic:

Ricky Malik, Esq.

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 Reserve, then you can obtain legal status.

This concept has been around quite a few years but was clarified recently to implement a uniform policy across the United States. It is commonly knows as Parole-in-Place or PIP. Under INA 212(d)(5)(A) an individual can be "paroled" on a case-by-case basis for "urgent humanitarian reasons or significant public benefit." Parole in place is available for everyone but is rarely granted except for those with family in the military.

What type of Legal Status can you obtain?

There are two options that are available:

1. Parole in Place (PIP). This will be granted to the spouses, children and parents of current and former members (veterans) of the U.S. Armed Forces. In order to apply you must submit the appropriate form, proof of family relationship, proof of Armed Forces Service, two pictures and other additional evidence that you feel will be beneficial to your case.

2. Adjustment of Status (Permanent Residency). If the family member who is or was in the U.S. Armed Forces is a United States Citizen, then you will be eligible to obtain Lawful Permanent Residency (LPR) or a "greencard" after you obtain PIP.

The United States Citizenship & Immigration Services recently released the memorandum clarifying the availability of PIP and adjustment of status which can be view below. If you have questions or want to know more about this program, please do not hesitate to contact us.

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 immigrant couples have wondered if they can benefit if they live in a state that does not recognize marriage equality.

The simple answer is yes! To date and to the knowledge of the author, 15 states and DC recognize same-sex marriage. Having many Virginia clients, a state that does not recognize marriage equality, the question often arises for us.

United States Citizenship and Immigration Services (USCIS) has adopted the "place of celebration rule" meaning, (and based on immigration caselaw: Matter of Lovo-Lara and Matter of Zeleniak), the validity of a marriage is determined by the law of the State where it was celebrated.

For our clients in VA, neighboring Maryland does recognize same-sex marriage. For couples that do not reside in Maryland, they must complete a Non-Resident Marriage Application form before they may proceed with the marriage. For those who want to marry in other states that recognize marriage equality, it is this author's understanding none of the states that recognize same-sex marriage have a residency requirement, but they may have a form or three day waiting period that must be completed prior to the celebration of marriage.

The 15 states are Washington, California, Minnesota, Iowa, Illinois, Maine, New Hampshire, Vermont, New York, Massachusetts, Rhode Island, Connecticut, New Jersey, Delaware, Maryland and don't forget DC (#16).

We are very pleased to represent LGBT couples before the Immigration services and welcome you to contact us with questions or if you need representation.

November 8, 2013

Ricky Malik, Esq.

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 tireless work by thousands of advocates the world over, opened up the much needed availability of immigration beneifts to same-sex couples. USCIS reacted fairly quickly to open the doors to a segment of the population that had been denied equal access to immigration benefits that so many others had priviledged to have.

This now means gay and lesbian couples can petition for each other in all immigration contexts that were previously reserved for hetro-sexual couples. To name just a few of the types of immigration cases that are now available to both hetro and homo sexual couples:

• Greencard (LPR) through marriage to a US Citizen or Permanent Resident;
• K-1 Fiance Visa;
• K-3 Spouse of a US Citizen Visa;
• Violence Against Women Act (VAWA) self-petitions;
• Cancellation of Removal requiring a qualifying relative;
• Waivers requiring a qualifying relative- 212(h), 212(i);
• Diversity Visa;
• Asylum and Refugee derivative beneficiaries;
• Prosecutorial Discretion for those in Immigraiton Proceedings;
• Provisional Stateside Waiver Process (I-601A) and Overseas Waivers;
• Derivative beneficiaries of non-immigrant visas (F-4, K-2, H-4, E-2, etc.);
• Following to join and accompnaying to join.

There should not longer be any type of immigration benefit not availabe to a same-sex couple.

We at the Law Offices of Ricky Malik, PC proudly represent same-sex couples and applaud the decision. Please contact us for a confidential consultation to discuss your options. We are discrete and fully aware not all couples are open about the circumstances of their relationship and we do everything to respect and honor your wishes.

Ricky Malik, Esq.

For more on the Provisional Waiver, click here.

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 removal proceedings, they need to be "administratively closed" so that you can apply for the Provisional Waiver (I-601A). Once the waiver has been approved, you will need to "re-calendar" those proceedings and have them "terminated" or "dismissed." You must make sure they are terminated or dismissed before you depart the United States. You don't want to inadvertantly execute your own removal order.

If you already have an order of removal or deportation against you, then you will first need to seek to have your case re-opened by filing a "Motion to Reopen." If that motion is granted, then when appropriate, you will need to have your proceedings administratively closed while you seek the provisional waiver. After the waiver is approved, you will need the proceedings terminated or dismissed before you depart the United States.

In both above scenairios, you will more than likely need a seasoned and experienced attorney guide you.

Ricky Malik, Esq.

dream@rmlegal.com

Information from USCIS on the New Provisional Waiver Process:

Ricky Malik, Esq.

A lot can be determined by just looking at the category on a Lawful Permanent Resident (LPR) card.

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 their case is already at the National Visa Center (NVC)?

If you do not already have a consulate interview notice (dated before January 3, 2013), then you must notify NVC immediately after you have paid the immigrant visa processing fee and before you apply for the provisional unlawful presence waiver and to inform them that you will be applying for a provisional waiver.

Ricky Malik, Esq.

dream@rmlegal.com

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 all the standard that must be proven to USCIS. It is important to understand the hardship is not to the foreign national, but rather to the qualifying relative.

While there is no bright line test as to what constitutes extreme hardship, and it is evaluated on a case by case basis, it can include, but is not limited to: family separation, economic hardship, medical issues, country conditions abroad, and any other difficulty or harm faced by the qualifying relative(s).

The lead Immigration Court case from the Board of Immigration Appeals (BIA) isMatter of Cervantes, 22 I&N Dec. 560 (BIA 1999) which lists as factors:

• the presence of lawful permanent resident or United States citizen family ties to this country;
• the qualifying relative’s family ties outside the United States;
• the conditions in the country or countries to which the qualifying relative would relocate and the extent of the qualifying relative’s ties to such countries;
• the financial impact of departure from this country;
• significant conditions of health, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Extreme Hardship is proven differently and uniquely in each case and is personal to each family and can be proven in the absence of severe medical issues. Consider hiring an attorney for a process as complex as a waiver.

Ricky Malik, Esq.

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 present in the United States for more than 180 days to complete the majority of the process and waiting in the United States. Before the rule, which will take effect on March 4, 2013, spouses, parents and children of US Citizens would often times have to wait months to years outside the United States to ask for a waiver (pardon). Now, the immigrant petition, waiver and national visa center (NVC) processing will all be done while the family can remain together in the United States.

Eligibility to apply:

1. You must be present in the United States at filing and be fingerprinted;

2. Your only immigration violation is that you were unlawfully present (undocumented) for 180 days or more in the U.S.;

3. Your visa petition must be filed by a US Citizen Immediate Relative (spouse, parent or child over 21);

4. You must show extreme hardship to your US Citizen spouse or parent(s), not to your child(ren);

5. You must file Form I-601A with an approved I-130 and proof the immigrant visa fee has been paid to the Deparment of State (NVC).

Below are the regulations as published in the Federal Register. All the reasons you may want to consider hiring an attorney are in those details.

Ricky Malik, Esq.

Immigration Attorney

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 persons who are in removal (deportation) proceedings, as well as those who already have deportation (removal) orders, and those who have never been in removal proceedings will be able to mail in their applications, payment of $465 and supporting documents to USCIS to request consideration for deferred action.

The program has been recognized by several names: Dream Act, Deferred Action for Young Persons, and now Deferred Action for Childhood Arrivals. The USCIS brochure and flyer are below.

To qualify, you must submit evidence proving that:

1. You were born after June 15, 1981;

2. Arrived in the United States before the age of 16;

3. Have continuously resided in the United States since June 15, 2007, up to the present time;

4. Were present in the United States on June 15, 2012;

5. Entered without inspection before June 15, 2012 or fell out of status as of June 15, 2012;

6. Are currently in school, graduated or received a certificate of completion from high school, obtained a general educational development certificate (GED), or that you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces;

7. Are at least 15 years of age now (or by time of filing), or if younger you are now in immigration court proceedings or have been previously;

8. Have only had brief departures (or none at all) from the United States since June 15, 2007; AND

9. 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.

• Significant misdemeanor = domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or a crime for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.
• What is not a significant misdemeanor and what will not lead to disqualification: A minor traffic offense (including driving without a license) will not be considered a misdemeanor for purposes of this process. So even if an applicant has 3 or more driving without a license convictions, that person may still qualify.
• NOTE: Even though Driving Under the Influence (DUI) is a deemed a significant misdemeanor, USCIS has stated that "the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion." This means it is conceivable that a person with a negative conviction may still be able to qualify as criminal history is a factor that is considered.

Ricky Malik, Esq.

Aired live on June 16, 2012:

Ricky Malik, Esq.

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

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 below (click on 'Download' or 'Full Screen' for easier reading):

Ricky Malik, Esq.

www.rmlegal.com

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.

The risk and fear is that it will take too long and may get denied. Both are reasonable concerns and many people feel that if they leave it will take years. While this is true in a few cases, generally, if after consulting with my office we decide to proceed with an overseas petition process, the wait times can be as short as a few months or generally in the 6-12 month range. Below are the latest processing times.

As you can see the majority of cases are completed within 6 months, except for El Salvador which takes just less than a year for 100% completion, Honduras which takes over year, and England where the Consulate clearly takes their time.

Ricky Malik, Esq.

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 advisable to discuss your matter with a qualified Immigration Attorney before filing a recapture 485 and checking box H "Other Basis" with an explanation.

Ricy Malik, Esq.

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 your work permit while your case is on appeal before the Board of Immigration Appeals (BIA) or later if your case is with the Cirucit Court of Appeals in your area.

You must demonstrate proof of the pending appeal in the form of

1. a copy of the file stamped Form EOIR-26 where block 6 indicates that the Form I-485 is at issue in the appeal
2. a file stamped copy of the Petition for Review wherein the alien is appealing the fact that the BIA affirmed the IJ’s denial of the Form I-485,
3. or in cases where an Appeal of an I-485 has been remanded to a lower court, to the BIA or Immigration Court, a copy of the Court Order remanding the matter.

Ricky Malik, Esq.

www.rmlegal.com

Ricky Malik, Esq.

www.rmlegal.com

In the Federal Register on Monday, January 9, 2011 a new proposed provision will be publshed allowing many undocumented immigrants to process their waivers while inside the United States. For many years, certain immigrants were afraid to leave the United States to process their "greencards" because they feared their waivers (pardons) would be denied thereby barring re-entry into the United States for 10 years.

Now the Obama administration is changing the law to allow immigrants to process the waivers inside the United States taking away the risk of going overseas and getting denied. However, the immigrant will still have to leave the U.S. to pick up his/her immigrant visa but will not wait for months or years while the waiver is being processed. This concept of still having to leave will please the Republican oppostion as they have been proponents of legalization only if ther person goes overseas to get their visas. This seems like a good compromise on its face that should please all sides.

Below is the release from USCIS:

Ricky Malik, Esq.

www.rmlegal.com

There is a major proposed announcement changing the Immigration process for many foreign nationals who are illegal in the United States. At present, many people must travel outside the United States and wait months if not years to seek forgiveness (a waiver) to re-enter the U.S.

Now, the Obama administration is proposing to allow certain relatives of U.S. Citizens to apply for the waiver and wait inside the United States. Then once the immigrant petition (I-130) and waiver (I-601) have been approved, the foreign national can go to simply and expeditiously pick up the visa from their home embassy or consulate.

The proposal was preliminary announced this morning and will become official once published in the Federal Register on Monday, January 9, 2012.

Below is the Advance copy of the USCIS notice that would allow certain immediate relatives of U.S. Citizens to request INA 212(1)(9)(B)(v) unlawful presence waivers, prior to departing the U.S. for consular processing of their immigrant visa application.

Ricky Malik, Esq.

Immigration Attorney

An Immigraiton Judge should consider new evidence submitted in support of a renewed I-751 with a waiver of the joint filing requirement regardless of whether the evidence was previously considered by DHS. Matter of Herrera Del Orden, 25 I&N Dec. 589 (BIA 2011).

Herrera Del Orden

Ricky Malik, Esq.

www.rmlegal.com

The Eleventh Circuit Court of Appeals dealt a blow to the arugment that Temporary Protected Status (TPS) beneficiaries who entered initially without inspection can adjust status pursuant to INA 245(a). See decsion below in Serrano vs. Attorney General.

Serrano TPS 11th Circ

Ricky Malik, Esq.

www.rmlegal.com

ICE relesase a Frequently Asked Questions (FAQ) on August 30, 2011 on its new process to prioritize immigration cases for removal. See below:

Ricky Malik, Esq.

www.rmlegal.com

The Immigration world has been abuzz in recent weeks following releases from the White House and DHS. There has been a lot of "stuff" put out there and we want to help you get to the truth, using facts. To do so we need to understand the lead up.

On June 17, 2011, two memos were released by ICE chief, John Morton, (both embeded below), now known as the "Morton Memos":

• Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens, U.S. Immigration and Customs Enforcement.

prosecutorial-discretion-memo -

• Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs, U.S. Immigration and Customs Enforcement

On August 18, 2001, Department of Homeland Security Secretary, Janet Napolitano annonced the process of implementing the Prosecutorial Discretion (PD) memos in a letter to 22 Senators. Secretary Napolitano announced the creation of a special task force to review on a case by case basis the 300,000 plus people who are currently in removal (deportation) proceedings in order to determine if those who are prioritzed to be deported are indeed going to be removed. It is clear from the later paragraphs of the letter (below) that this is not an amnesty nor a compreshensive legalization program (So please beware of scams from notaries and lawyers alike).

That same day, the White House blogged stating the administration will not be "focusing our resources on deporting people who are low priorities for deportation. This includes individuals such as young people who were brought to this country as small children, and who know no other home. It also includes individuals such as military veterans and the spouses of active-duty military personnel...applying common sense guidelines to make these decisions, like a person’s ties andcontributions to the community, their family relationships and military service record."

We welcome ICE prioritizing removals rather than the deport 'em all policy we have seen in recent years. Only time will tell if this is political hot air or a meaningful change in policy enforcement.

Ricky Malik, Esq.

www.rmlegal.com

-Supplemental Security Income (SSI)
-Cash assistance from the Temporary Assistance for Needy Families (TANF) program
-State or local cash assistance programs for income maintenance (general assistance programs)

Others that do not lead to a negative determination:
-Medicaid and other health insurance and health services (including public assistancefor immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care and emergency medical services) other than support for long-term institutional care
-Children's Health Insurance Program (CHIP)
-Nutrition programs, including the Supplemental Nutrition Assistance Program(SNAP) commonly referred to as Food Stamps
-the Special Supplemental Nutrition Program for Women, Infants and Children (WIC)
-the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
-Housing benefits
-Child care services
-Energy assistance, such as the Low Income Home Energy Assistance Program(LIHEAP)    
-Emergency disaster relief    
-Foster care and adoption assistance    
-Educational assistance (such as attending public school), including benefits under theHead Start Act and aid for elementary, secondary or higher education    
-Job training programs
-In-kind, community-based programs, services or assistance (such as soup kitchens,    
crisis counseling and intervention, and short-term shelter)
-Non-cash benefits under TANF such as subsidized child care or transit subsidies
-Cash payments that have been earned, such as Title II Social Security benefits,government pensions, and veterans' benefits, and other forms of earned benefits
-Unemployment compensation



Ricky Malik, Esq.
Law Offices of Ricky Malik

This case tries to close the door on K-1 entrants adjusting through subsequent marriages to US Citizens.

Nonetheless the case does help clarify one issue that we have run into before, namely that "A fiancé(e) visa holder may be granted adjustment of status ... even if the marriage to the fiancé(e) visa petitioner does not exist at the time that the adjustment application is adjudicated, if the applicant can demonstrate that he or she entered into a bona fide marriage within the 90-day period to the fiancé(e) visa petitioner."

This is good news for those K-1 entrants who did marry in good faith within the 90 days but whose relationships may have unfortunately failed. Matter of Sesay.

Sesay K-1
Ricky Malik, Esq.
www.rmlegal.com

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.

What action should you take in light of INA 204(l):

If you or a family member had their cases denied due to the death of a petitioner, you need to file an untimelymotion to reopen your case, or if you have not yet filed, file now.

---

USCIS has for years denied cases when the petitioner (USC Spouse or other relative) died while the petition was pending.  Nowsection 204(l) permits the approval of a visa petition as well as any adjustment (residency) application and related application, if the alien seeking the benefit resided in the United States when the qualifying relative died AND continues to reside in the United States on the date of the decision on the pending petition or application; and is at least one of the following:

-The beneficiary of a pending or approved immediate relative visa petition;

-The beneficiary of a pending or approved family-based visa petition, including both the principal beneficiary and any derivative beneficiaries;

-Any derivative beneficiary of a pending or approved employment-based visa petition;

-The beneficiary of a pending or approved Form I-730, Refugee/Asylee Relative Petition;

-An alien admitted as a derivative “T” or “U” nonimmigrant; or

-A derivative asylee under section 208(b)(3) of the Act

USCIS  has unfortunately narrowly interpreted the term “qualifying relative” and is inferring  through their recent memo that it means an individual who, immediately before death, was:

-The petitioner in a family-based immigrant visa petition under section 201(b)(2)(A)(i) or 203(a) of the Act;

-The principal beneficiary in a family-based visa petition case under section 201(b)(2)(A)(i) or 203(a) of the Act;

-The principal beneficiary in an employment-based visa petition case under section 203(b) of the Act;

-The petitioner in a refugee/asylee relative petition under section 207 or 208 of the Act;

-The principal alien admitted as a T or U nonimmigrant; or

-The principal asylee, who was granted asylum under 208 of the Act.

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."