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February 11, 2014
  Washington Post Story features Ricky Malik
Posted By Ricky Malik

Story in Text:


Story in Graphic:


Ricky Malik, Esq.

Continue reading "Washington Post Story features Ricky Malik" »

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November 18, 2013
  Legal Status for Military Family Members
Posted 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 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.

Continue reading "Legal Status for Military Family Members" »

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November 16, 2013
  Petition to Designate Temporary Protected Status (TPS) to the Philippines
Posted 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 President Obama and the Department of Homeland Security to designate Temporary Protected Status (TPS) to the Philippines.

The United States can grant TPS to a country that faces "extraordinary and temporary" conditions. It is usually designated when there is a massive natural disaster or incredible political turmoil. TPS was granted to Haiti after the devastating earthquake in 2010 and recently to Syria in light of the turmoil and unrest. The Philippines have experienced a disaster warranting TPS.

Please consider signing and sharing the petition.

Click here to sign the petition.

Thank you.

Continue reading "Petition to Designate Temporary Protected Status (TPS) to the Philippines" »

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November 12, 2013
  8 Ways To Get a Deferred Action (DACA) Travel Document
Posted 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 about traveling outside the United States. As I often answer and have previously blogged about, a DACA applicant must demonstrate that the travel is for one of the following purposes:

  • Humanitarian (medical, emergent, compelling, sympathetic)
  • Employment
  • Educational

The form alone, much to the dismay of the Notario and mediocre lawyer, will generally not be sufficient to satisfy this requirement. Some suggestions, in no particular order that can enhance your chances of approval (only if true):

  1. Obtain a letter from a medical health professional explaining the reason that you need to travel to obtain medical treatment. Medical tourism is big business these days.
  2. If you have a relative who is in poor health, get a respectable letter from the hospital or treating facility that accurately and thoroughly detailing the condition(s).
  3. As difficult as it may be, if a relative has died, the death certificate.
  4. Provide documentation from your school about the study abroad, summer-on-the-sea, summer immersion program you are enrolling in. Do not travel on this reason unless you will study.
  5. Provide documentation from the foreign school or educational program that you intend to enroll in and its duration. After all, many students come to the United States to study on F-1 Student Visas for short durations; you too can try the same in another country.
  6. Letter or information from your educational institution about the academic research you are conducting, including credit hours to be awarded and/or requirement it will satisfy. I think it would be really relevant for some Dreamers to go to their native lands to conduct field research for comparative studies of educational and medical institutions. This often comes in play in deportation court, and the more information, the better.
  7. Letter from your employer explaining your need to travel abroad for an overseas assignment or training.
  8. Information about the conference you need to attend. The American Immigration Lawyers Association (AILA), of which I'm a card carrying member, has conferences overseas from time to time, so if you are Dreamer who works for an immigration attorney, you may be in luck!

Of course, before applying, I would strongly recommend consulting or hiring a qualified immigration attorney, and especially if you have prior immigration history, such as an outstanding order of removal (deportation) or have had problems with the police. To note again, do not engage in any action which is not true in order to secure a travel document, or any immigration benefit for that matter.

If you have questions or thoughts, feel free to comment or email me directly at dream@rmlegal.com

Continue reading "8 Ways To Get a Deferred Action (DACA) Travel Document" »

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November 08, 2013
  Getting Work Permits For People With Pending Asylum Cases Should Get Easier Soon
Posted 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 it gets stopped and started or does not run. The "Asylum Clock" (or KLOK as it is also known) is basically the concept that a foreign national who files for asylum must wait 150 days after filing an asylum application (I-589) before applying for an Employment Authorization Document (EAD). The counter or timer operation is the problem.

Its a hair-pulling issue but on November 4, 2013 a nationwide class action settlement was reached that will hopefully allow so many people who have suffered persecution in their past to actually obtain their work permits within the lawful time lines.

One of the parts of the settlement that we are most excited about is that asylum seekers will soon be able to file their asylum applications with the Immigration Court immediately, instead of waiting for months, sometimes close to a year before the initial Master Calendar Hearing (No more motions to advance hearing date. Wohoo!)

The Settlement agreement is below.

Continue reading "Getting Work Permits For People With Pending Asylum Cases Should Get Easier Soon" »

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November 07, 2013
  Creative Strategy for DACA (Dream Act) Case
Posted 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 while detained and without a lawyer, was very unfairly ordered removed (deported) by an Immigration Judge. We appealed his case to the Board of Immigration Appeals (BIA) on the grounds that he was denied due process and was not given a full and fair hearing under the Immigration and Nationality Act, and even supplemented his appeal when the BIA issued its holding in Matter of C-B, 25 I &N Dec. 888 (BIA 2012).

While the appeal was pending, the DACA program was announced and we went through all of our client files to determine who could benefit, including this client. Unfortunately, we could not get any proof that he was physically present in the United States on the DACA continuous presence date of June 15, 2007. Not wanting to let this get in my way, I remembered when I read his Immigration Court transcript, the Judge had asked him under oath, when he entered the United States, to which he responded October 2006, well before the date needed.

We submitted his testimony which he gave 5 months prior to the DACA announcement and without anyone's knowledge at the time that June 15, 2007 would be a relevant date. We argued the statement was given under oath and under penalty of perjury and at the time our client gave that testimony he could not have known or taken advantage of the DACA program, so the statement was sincere and accurate.

It worked and his DACA was recently approved! We're always looking for creative ways to represent our clients. We've even used Facebook and social media posts to prove physical presence for DACA cases. We're always keeping our clients in mind (old and current) when a new precedential case or a new immigration program is announced.

Ricky Malik, Esq.

Continue reading "Creative Strategy for DACA (Dream Act) Case" »

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January 31, 2013
  Travelling outside the United States as a Dreamer (DACA)
Posted 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 life had changed so much in the last few months. For the first time in his life he was legal and could work.

He knew no other country than the United States since he had been here as long as he could remember and asked me if he could travel to his native country.

I told him that he may apply for permission and obtain what is known as "Advance Parole" to travel outside the United States and return. Traveling without Advance Parole would mean his newly acquired, long awaited deferred status would expire.

In order to obtain Advance Parolet as a Dreamer, you must file a form I-131 and demonstrate that you have a compelling reason related to (1) your current employment, (2) education, or (3) humanitarian purposes. I told him though this may change in the future, his reasons for travelling must be related to one of the three reasons.

Ricky Malik, Esq.

Continue reading "Travelling outside the United States as a Dreamer (DACA)" »

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January 12, 2013
  USCIS: I am an immediate relative of a U.S. Citizen. How do I file for a provisional unlawful presence waiver?
Posted By Ricky Malik

Information from USCIS on the New Provisional Waiver Process:


Continue reading "USCIS: I am an immediate relative of a U.S. Citizen. How do I file for a provisional unlawful presence waiver?" »

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January 09, 2013
  Video: Who Qualifies for the new Provisional Waiver?
Posted By Ricky Malik

Ricky Malik, Esq.

Continue reading "Video: Who Qualifies for the new Provisional Waiver?" »

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January 09, 2013
  Lawful Permanent Resident (LPR) Card Codes
Posted 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" »

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January 08, 2013
  DHS has the burden to prove LPR's inadmissiblity
Posted 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 States.

The Board of Immigration Appeals (BIA) clarifed in Matter of Rivens, 25 I&N Dec. 623 (BIA 2011) that to establish that a returning LPR is to be treated as an applicant for admission, rather than not an applicant for admission as stated above, the government has the burden of proving by clear and convincing evidence that one of the six exceptions listed in §101(a)(13)(C) applies.

Those exceptions are if the person:

  1. has abandoned or relinquished that status,
  2. has been absent from the United States for a continuous period in excess of 180 days,
  3. has engaged in illegal activity after having departed the United States,
  4. has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this Act and extradition proceedings,
  5. has committed an offense identified in section 212(a)(2), unless since such offense the alien has been granted relief under section 212(h) or 240A(a), or
  6. is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer

So if you are a permanent resident and stopped at re-entry at the airport or other port of entry by the Customs and Border Patrol (CBP), it will be on the DHS to prove by clear and convincing evidence that you fall into one of the above six categories.

Ricky Malik, Esq.

Continue reading "DHS has the burden to prove LPR's inadmissiblity" »

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January 07, 2013
  I want to apply for Provisional Waiver, but my case is already at NVC?
Posted 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 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

Continue reading "I want to apply for Provisional Waiver, but my case is already at NVC?" »

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January 04, 2013
  How do you prove "Extreme Hardship"?
Posted 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 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.

Continue reading "How do you prove "Extreme Hardship"?" »

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January 03, 2013
  New Provisional Waiver Rule Released
Posted 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 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

Continue reading "New Provisional Waiver Rule Released" »

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August 26, 2012
  Nonimmigrants: Who Can Study?
Posted By Ricky Malik

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.


Ricky Malik, Esq.

www.rmlegal.com

Continue reading "Nonimmigrants: Who Can Study?" »

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August 19, 2012
  Virginia DMV confirms Deferred Action students will be able to obtain Driver's Licenses!
Posted By Ricky Malik

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 of Motor Vehicles (DMV) has confirmed in writing that young people granted "deferred action" by Immigration Customs Enforcement at the Department of Homeland Security will be eligible for Virginia driver's licenses and ID's. The statement was made in response to a request from the American Civil Liberties Union of Virginia sent to DMV Commissioner Richard Holcomb."

Ricky Malik, Esq.

dream@rmlegal.com

Continue reading "Virginia DMV confirms Deferred Action students will be able to obtain Driver's Licenses!" »

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August 19, 2012
  Deferred Action (DACA) Applications and Crimes, Convictions, Arrests and Charges
Posted By Ricky Malik

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 raises issues about what crimes or convictions will prevent someone from applying.

Before reading the below list of disqualifiers, please note that the Deparmtent of Homeland Security (DHS) has stated that "the decision 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, or its presence, is not necessarily determinative, but is a factor to be considered."

  • Attorney: Even if you have been convicted of the below offenses, USCIS will review each application on a case-by-case basis and depending on the totality of circumstances and humanitarian equities, can grant deferred action.

You are ineligible if you have been convicted:

1. A felony: If the crime is classified a felony under law for which imprisonment of more than 1 year may be imposed, it is a disqualifier.

  • Attorney: So even if it is classified a felony, BUT if it is not punishable by more than 1 year, then it will NOT prevent you from applying.

2. A significant misdemeanor: A crime that is punishable with jail from 6 days to 1 year AND is an crime of domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking or, driving under the influence (DUI), OR if it is crime which you actually served 90+ days in jail.

  • Attorney: (A) a DUI is a disqualifier, but is Driving While Intoxicated (DWI) not? Eg. in Maryland DUI's and DWI's are different offenses. (B) A suspended sentence will not count towards the 90 days. (C) Noting the above italicized section, it is possible that a person's positives and good deeds can overcome a negative factor.

3. Three (3) or more misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct.

  • Attorney: (A) Often times a person is charged with multiple offenses at once ie. possession of a fictitious ID, false ID to a police officer, forgery, uttering, etc. Unless they are from separate moments, they will not count against an applicant. (B) 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 still qualifies.

For more information about eligibility contact me at dream@rmlegal.com or call our office toll free at 877-577-VISA.

Ricky Malik, Esq.

Continue reading "Deferred Action (DACA) Applications and Crimes, Convictions, Arrests and Charges" »

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August 18, 2012
  How is "currently in school" defined for the Deferred Action Program?
Posted By Ricky Malik

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 school now?", "Do I still need to be in school?", "Do I need to go back to school?",

The DACA program is flexible.

To meet the “currently in school” requirement you must be enrolled in school on the date you submit a request for consideration of deferred action under this process. This means that you can enroll now in a program and apply for DACA.

Types of programs that qualify:

1. General Educational Development (GED) programs or its equivalent;

2. English as a Second Language (ESL) program as a prerequisite to your placement in postsecondary education, job training, or employment;

3. Educational, Literacy, or Career Training (including Vocational training) programs that are designed to lead to placement in postsecondary education, job training, or employment;

4. Public or Private elementary, middle, junior high, high school, or secondary school.

Contact our office if you would like to recieve a free evalution of your eligiblity for Deferred Action or email me at dream@rmlegal.com

Ricky Malik, Esq.

Continue reading "How is "currently in school" defined for the Deferred Action Program?" »

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August 17, 2012
  How to apply for Deferred Action (DACA)?
Posted By Ricky Malik

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.

Continue reading "How to apply for Deferred Action (DACA)?" »

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August 05, 2012
  USCIS will begin to accept Deferred Action (DREAM) applications on August 15, 2012
Posted By Ricky Malik

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.

Continue reading "USCIS will begin to accept Deferred Action (DREAM) applications on August 15, 2012" »

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June 17, 2012
  Attorney Ricky Malik and Client appeared live on MSNBC's Weekends with Alex Witt
Posted By Ricky Malik

Aired live on June 16, 2012:

Ricky Malik, Esq.

Continue reading "Attorney Ricky Malik and Client appeared live on MSNBC's Weekends with Alex Witt" »

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June 15, 2012
  DREAM! Huge Announcement: Deferred Action and Work Permits for Students
Posted By Ricky Malik

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

Continue reading "DREAM! Huge Announcement: Deferred Action and Work Permits for Students" »

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June 10, 2012
  Client's story featured on Washington Post
Posted By Ricky Malik, Esq.

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

Continue reading "Client's story featured on Washington Post" »

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February 16, 2012
  Can I Recapture and Retain an Earlier Priority Date?
Posted By Ricky Malik

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.

Continue reading "Can I Recapture and Retain an Earlier Priority Date?" »

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January 08, 2012
  USCIS on 601 Waivers
Posted By Ricky Malik

USCIS Office of Public Engagement: I-601 Notice of Intent

U.S. Citizenship and Immigration Services sent this bulletin at 01/06/2012 10:32 AM EST

Dear Stakeholders-

U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Intent in the Federal Register outlining a proposed change to its current process for the filing and adjudication of waivers of inadmissibility relating to unlawful presence.

The proposed process would allow certain individuals seeking permanent residence through their U.S. citizen immediate relatives to apply for waivers of inadmissibility before leaving the U.S. for their interview at a U.S. Embassy or Consulate overseas.

The proposal reflects the Administration’s steadfast commitment to maintaining the integrity of immigration law, promoting family unity and improving overall efficiency in the immigration system. This change would decrease the time eligible individuals are separated from their U.S. citizen relatives and would only apply in cases where U.S. citizens would suffer extreme hardship as a result of prolonged separation.

USCIS will host a stakeholder engagement on January 10, 2012 at 2:00 pm (EST) to provide an overview of how these proposed process changes may affect filing and adjudication as well as address questions and concerns from stakeholders. Please see the attached invitation for more information.

Kind Regards,

Office of Public Engagement

U.S. Citizenship and Immigration Services

www.uscis.gov

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January 07, 2012
  USCIS Release on New Process for Waivers
Posted By Ricky Malik

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

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January 06, 2012
  Major Proposed Change in Immigration: New Process for Waivers to be decided in the United States
Posted By Ricky Malik

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

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November 20, 2011
  Not every returning Green card holder is an "applicant for admission" and Accessory after the face is CIMT only if underlying crime is one.
Posted By Ricky Malik

Matter of Rivens, 25 I&N Dec. 623 (BIA 2011) (full case below):

"(1) In order to establish that a returning lawful permanent resident alien is to be treated as an applicant for admission to the United States, the Department of Homeland Security has the burden of proving by clear and convincing evidence that one of the six exceptions to the general rule for lawful permanent residents set forth at section 101(a)(13)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(C) (2006), applies.

(2) The offense of accessory after the fact is a crime involving moral turpitude, but only if the underlying offense is such a crime."

INA 101(a)(13) states:

(A) The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.

(B) An alien who is paroled under section 212(d)(5) or permitted to land temporarily as an alien crewman shall not be considered to have been admitted.

(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-

(i) has abandoned or relinquished that status,

(ii) has been absent from the United States for a continuous period in excess of 180 days,

(iii) has engaged in illegal activity after having departed the United States,

(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this Act and extradition proceedings,

(v) has committed an offense identified in section 212(a)(2), unless since such offense the alien has been granted relief under section 212(h) or 240A(a), or

(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.


Ricky Malik, Esq.

www.rmlegal.com

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November 18, 2011
  Immigration can take your Greencard (LPR) away after 5 years
Posted By Ricky Malik

The Board of Immigration Appeals in Matter of Cruz De Ortiz issued a decision overturning the long held belief by many that your greencard (LPR) status cannot be taken away once five (5) years passes. The BIA held that INA 246(a) rescission of LPR status is available beyond 5 years for those who obtained Immigrant Visa from Consulate.

That is good news for those who adjusted status inside the United States (usually through form I-485), but those who entered on an Immigrant Visa from their embassies are not protected by the five year statue of limiations rule. Case below.


Cruz De Ortiz

Ricky Malik, Esq.

www.rmlegal.com

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November 17, 2011
  TPS applicants are not limited by evidence previously submitted, especially when renewing before the Immigration Judge
Posted By Ricky Malik

The Board of Immigraiton Appeals in Matter of FIGUEROA detemined that "When an application for Temporary Protected Status that has been denied by the United States Citizenship and Immigration Services (“USCIS”) is renewed in removal proceedings, the Immigration Judge may consider any material and relevant evidence, regardless of whether the evidence was previously considered in proceedings before the USCIS."


Figueroa TPS

Ricky Malik, Esq.

www.rmlegal.com

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November 16, 2011
  Renewal of 751Removal of Conditions before the Immigration Judge: New evidence allowed
Posted By Ricky Malik

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

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November 15, 2011
  TPS adjustment no go in 11th Circuit
Posted By Ricky Malik

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

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November 12, 2011
  Waivers: The 212(h)
Posted By Ricky Malik

Ricky Malik, Esq.

www.rmlegal.com

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November 11, 2011
  Video Blog: U Visas
Posted By Ricky Malik

Ricky Malik, Esq.

www.rmlegal.com

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October 01, 2011
  Attorney Ricky Malik and client featured on Front Page of Washington Post
Posted By Ricky Malik

On Monday, September 26, 2011, the Washington Post published a story about Paula Godoy, a client of the Law Offices of Ricky Malik, P.C. Ms. Godoy was in her final hours before deportation and at the 11th hour, through hard work, we won a stay of removal. For the full story, wonderfully written by Post report Eli Saslow, see below.


Amid new guidelines, Va woman’s deportation case comes down to the last minute - The Washington Post
For one Guatemalan woman, a race against the deportation clock - The Washington Post


Ax1 module231

Ricky Malik, Esq.

www.rmlegal.com

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September 01, 2011
  ICE FAQ on New Immigration Enforcement Policy
Posted By Ricky Malik

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

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August 30, 2011
  New Change in Immigration Policy (Prosecutorial Discretion Memos)
Posted By Ricky Malik

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."


Immigration Update Maximizing Public Safety and Better Focusing Resources The White House

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

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August 29, 2011
  Important Cases for Continuances in Immigration Court
Posted By Ricky Malik

Cases to consider when seeking a continuance:


Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009)

(1) An alien's unopposed motion to continue ongoing removal proceedings to await the adjudication of a pending family-based visa petition should generally be granted if approval of the visa petition would render him prima facie eligible for adjustment of status. Matter of Garcia, 16 I&N Dec. 653 (BIA 1978), followed.

(2) In determining whether good cause exists to continue such proceedings, a variety of factors may be considered, including, but not limited to: (1) the Department of Homeland Security's response to the motion to continue; (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 any other relevant procedural factors.



Hashmi

Matter of Rajah, 25 I&N Dec. 127 (BIA 2009)

1) In determining whether good cause exists to continue removal proceedings to await the adjudication of a pending employment-based visa petition or labor certification, an Immigration Judge should determine the alien's place in the adjustment of status process and consider the applicable factors identified in Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009), and any other relevant considerations.

(2) An alien's unopposed motion to continue ongoing removal proceedings to await the adjudication of a pending employment-based visa petition should generally be granted if approval of the visa petition would render him prima facie eligible for adjustment of status.

(3) The pendency of a labor certification is generally not sufficient to warrant a grant of a continuance.



Rajah
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June 15, 2011
  B-1 vs. H-1B/H-3
Posted By Ricky Malik

B-1 in Lieu of H-1B or H-3

Foreign nationals who would ordinarily be granted H-1B or H-3 (training) status may be admitted with B-1 visas provided that they are paid from abroad. For a B-1 in lieu of H-1B visa, the foreign national must present proof that he or she will remain employed by his or her overseas firm. A person in B-1 in lieu of H-1B status may provide local services for a limited time.

Note, it is essential that the remuneration or source of income for services performed in the United States continue to be provided by the business entity located abroad


Ricky Malik, Esq.
Attorney at Law

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June 14, 2011
  The B-1 Business Visitor
Posted By Ricky Malik

B-1 Business
Visa permits a person to come to the United States temporarily for attending business meetings or trade shows, buying goods, conducting research, or other commercial activities.

To qualify you must demonstrate:
-The purpose of your trip is for business
-You plan to stay for a specific, limited period of time
-You have social and economic ties outside the United States and you will return at the end of your visit

Examples of B-1 activities . The FAM sets forth many examples of permissible B-1 activities.  (See also INS Office of Business Liaison, Employment Information Bulletin 99-03, "Permissible Activities for a B-1 Business Visitor" (June 2000).

§     Professional athletes playing in tournaments, events, and competitions;
§     Members of boards of directors attending meetings;
§     Installing equipment purchased from overseas pursuant to a contract, or service or repair of commercial or industrial machinery;
§     Religious activities;
§     Attending conferences or seminars;
§     Setting up an E-2 enterprise-but not running it;
§     Consulting and meeting with clients;
§     Observing and conducting business;
§     Crew joining a vessel.
§     Engaging in commercial transactions (i.e., buying or selling) which do not involve gainful employment in the United States;
§     Negotiating contracts;
§     Consulting with business associates, including attending meetings at a U.S. corporation;
§     Litigating;
§     Participating in scientific, educational, professional, or business conventions, conferences or seminars;
§     Undertaking research.
§Professors on Honorarium only.
§Certain Chefs and Cooks, Religious Workers, Ministers, Personal Domestic Servants, Professional athlete, airline employee, elective clerkship students, commercial truck drivers, attending executive/professional seminars, race track personnel, etc.
§    Installation, service, or repair of commercial or industrial equipment.[1]

Key questions (if any one is answered YES, then visa will NOT be issued):

1.     Will the individual be compensated (i.e., beyond reimbursement for expenses or per diem) from a U.S. source?

2.     Will the individual, even if uncompensated, perform services for which a U.S. worker would have to be hired or are the services inherently part of the U.S. labor market?

3.     Are the services primarily benefiting the U.S. entity as local work or hire (as contrasted with benefiting the alien him or herself or the foreign employer in furtherance of international trade)?



[1] In such cases the contract of sale must specifically require the seller to provide such services or training, and the alien must possess specialized knowledge essential to the seller's contractual obligation to perform the services or training and must receive no remuneration from a U.S. source. These provisions do not apply to an alien seeking to perform building or construction work, whether on-site or in-plant except for an alien who is applying as a B-1 for the purpose of supervising or training other workers engaged in building or construction work, but not actually performing any such building or construction work.


Contact the Law Offices of Ricky Malik, P.C. to schedule a consultation with an experienced and qualifed attorney.

Ricky Malik, Esq.
www.rmlegal.com

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May 11, 2011
  Free Immigration Legal Advice Clinic on June 4, 2011 in DC
Posted By Ricky Malik
Kudos to DC Bar, the Capital Area Immigrants Rights (CAIR) and others...



110604 Flyer English

Ricky Malik, Esq.
www.rmlegal.com
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May 06, 2011
  Bad News for those of us who represent or try to reopen cases of kids who enter the United States scared and bewildered. Fourteen (14) years old is old enough!
Posted By Ricky Malik
The Board of Immigration Appeals in a recent decision determined that a child of 14 who probably can't read, write or speak English is old enough to accept and comply with confusing legal documents issued by very friendly border agents.   The BIA held that "Personal service of a Notice to Appear (Form I-862) on a minor who is 14 years of age or older at the time of service is effective, and the regulations do not require that notice also be served on an adult with responsibility for the minor."

Motions to Reopen just got harder.


Matter of Cubor

Ricky Malik, Esq.
www.rmlegal.com
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May 05, 2011
  U.S. Department of Homeland Security removes 25 countries from NSEERS program. The end of NSEERS?
Posted By Ricky Malik
"The Department of Homeland Security (DHS) is eliminating redundant programs by removing the following countries from, and relieving nonimmigrant nationals or citizens of the following countries from compliance with, the special registration procedures under the National Security Entry-Exit Registration System (NSEERS): Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen. Over the past six years, the Department of Homeland Security (DHS) has implemented several new automated systems that capture arrival and exit information on nonimmigrant travelers to the United States, and DHS has determined that recapturing this data manually when a nonimmigrant is seeking admission to the United States is redundant and no longer provides any increase in security. DHS, therefore, has determined that it is no longer necessary to subject nationals from these countries to special registration procedures, and this notice deletes all currently designated countries from NSEERS compliance. DATES: Effective Date: This notice is effective April 28, 2011."

Federal Register ending NSEERS

Ricky Malik, Esq.
www.rmlegal.com 
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May 04, 2011
  ICE released Tool Kit for Government Prosecutors to Use when they need immigrants
Posted By Ricky Malik
United States Immigration & Customs Enformcement (ICE) has developed the below toolbox filled with goodies to be used by prosecutors who need the help of immigrants to prosecute a crime AND tools to ensure deportation.

Tools to help cooperating witnesses include: Deferred Action, Administrative Stays of Removal, U, T & S visas.

Tools to deport: Stipulated Orders.

Tools to bring persons into the US: Significant Public Benefit Parole.



Ricky Malik, Esq.
www.rmlegal.com
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February 23, 2011
  March 2011 Visa Bulletin Released
Posted By Ricky Malik
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 .

Ricky Malik
Immigration Attorney
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February 03, 2011
  Asylum victory for Attorney Ricky Malik based on Domestic Violence
Posted By Ricky Malik
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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January 22, 2011
  Fourth Immigration Detainee Dies in ICE Custody in fiscal year 2011
Posted By Ricky Malik
Immigration & Customs Enforcement that on January 13th, 2011, a national of Mexico died in ICE custody in Texas.

Except from ICE press release below:

"News Releases

January 14, 2011
Houston, TX

ICE detainee passes away at Memorial Hermann Medical Center

HOUSTON - A Mexican national in the custody of U.S. Immigration and Customs Enforcement since Jan. 6 passed away on Jan. 13 at Memorial Hermann Texas Medical Center as a result of natural causes.

On Jan. 6, 2011, Juan Palomo-Rodriguez, 30, was transferred to ICE custody from the Texas Department of Criminal Justice (TDCJ). On Jan. 10, Mr. Rodriguez began vomiting and became disoriented. Mr. Rodriguez was transported to Memorial Hermann Medical Center for evaluation. Doctors determined that Mr. Rodriguez had a mass in his brain that hemorrhaged. The preliminary diagnosis is that leukemia caused the brain mass.

Consistent with ICE protocol, the appropriate state health and local law enforcement agencies have also been informed. ICE has notified Mexico consular officials and next of kin.

Rodriguez is the fourth detainee to pass away in ICE custody in fiscal year 2011."

Full Article, click here.

 

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January 10, 2011
  Exemptions from the English Language Requirment for U.S. Citizenship
Posted By Ricky Malik
You want to be a U.S. Citizen, but cannot learn English...



Ricky Malik
Immigration Attorney
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January 09, 2011
  USCIS Q&A in response to AILA
Posted By Ricky Malik
USCIS 16 page response to a variety of stakeholder questions:



Ricky Malik, Esq.
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January 07, 2011
  Motions to Reopen with the Immigration Court
Posted By Ricky Malik
Video Blog from Ricky Malik, Attorney at Law:

 
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January 06, 2011
  Attorney Ricky Malik on when someone is detained
Posted By Ricky Malik

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December 02, 2010
  23 New Immigration Judges Sworn
Posted By Ricky Malik
Twenty-Three Immigration Judges were sworn in early November 2010 with diverse backgrounds.  Press releases below & Bios below:







Ricky Malik, Esq.
www.rmlegal.com
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December 01, 2010
  AAO on Burden of Proof
Posted By Ricky Malik

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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October 31, 2010
  Attorney Ricky Malik argues before the U.S. Court of Appeals for the Fourth Circuit
Posted By Ricky Malik
On Tuesday, October 26, 2010 Senior Attorney and Litigator Ricky Malik presented arguments on behalf of a client before the Fourth Circuit Court of Appeals sitting in Richmond, Virginia.

The case involved a reivew of a denial of an asylum, witholding and Convention Against Torture (CAT) claim from the Board of Immigration Appeals.  The client had a genuine fear of returning to his home in Central America from the powerful Mara gangs that inflict violence, torture and death on so many deportees from the United States. 

Ricky Malik, Esq.
www.rmlegal.com
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October 19, 2010
  USCIS launches Citizenship Resource Center
Posted By Ricky Malik
U.S. Citizenship & Immigration Services (USCIS) launches Citizenship Resource Center on its website designed to provide information and tools to help people become Citizens. To see the site, click:

Citizenship Resource Center
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October 05, 2010
  Diversity Visa 2012 registration opens!
Posted By Ricky Malik
Registration opens from 10/5/10 to Weds 11/3/10 for electronic registration on DS-5501.

If you are NOT from the following countries and wish to immigrate or possibly legalize your status in the United States, you should consider scheduling an appointment with my office to determine your eligiblity:

BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES, POLAND, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM .

Remember, winning the lottery does not ensure you will be granted a greencard.  There are many factors to consider.  Full instructions below:




Ricky Malik, Esq.

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September 27, 2010
  Attorney Ricky Malik has dinner with Visa Bulletin Chief
Posted By Ricky Malik
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 26, 2010
  New Immigration fees starting November 23, 2010
Posted By Ricky Malik
United States Citizenship and Immigration Services (USCIS) announced its new fee schedule.

A Few Notable Increases:

I-90   Green card replacement:                  $365 (up from $290)
I-130 Family Petition:                                $420 (up from 355)
I-140 Employment Petition:                       $580 (up from $475)
I-290 Administrative Appeal                     $630 (up from $585)
I-485 Adjustment/Greencard Application  $985 (up from 930)
I-765 Work Permit Renewal                     $380 (up from $340
I-907 Premium Processing                        $1225 (up from $1000)



Ricky Malik, Esq.
www.rmlegal.com
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September 20, 2010
  Removing that Ankle Bracelet
Posted By Ricky Malik
The Board of Immigration Appeals (BIA) in Matter of Garcia-Garcia, 25 I&N Dec. 93 (BIA 2009) held that an Immigration Judge can review and consider whether to modify the conditions of release imposed upon a  foregin national by DHS ICE.

This means that if Immigration and Customs Enforcement gives a foreign national the option of paying a bond to be released and/or putting on an ankle bracelet, known as the Intensive Supervision Appearance Program (ISAP), an Immigration Judge can review ICE's decision and reduce the bond or even take off the bracelet.

Howeer, when a foreign national is released, s/he must file a motion to ameliorate within 7 days from the release from custody.




Ricky Malik, Esq.
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September 12, 2010
  Leaked Memo: Administrative Alternatives to Comprehensive Immigration Reform
Posted By Ricky Malik
A memo circulated entitled Administrative Alternatives to Comprehensive Immigration Reform.  It is not yet official and it is unclear how it was leaked but it is indicative of the direction of some within ICE/USCIS.  This memo along with the recent John Morton memo brings some hope that ICE and USCIS will consider taking fair and just action.  However, there seems to be different factions and ideaologies within DHS about the direction of the agency: Deport everyone vs. Justice & Fairness.



Ricky Malik, Esq.
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September 12, 2010
  Visa Bulletin for October 2010
Posted By Ricky Malik
Visa Bulletin for October 2010.

Click Here.

Ricky Malik, Esq.
greencard@mail.com

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September 02, 2010
  "I foreclosed on my house" or "I filed for bankruptcy!" Will that affect me from obtaining a Greencard or U.S. Citizenship?
Posted By Ricky Malik
In this difficult economy, a question I am often asked is if bankruptcy or foreclosing on a home will lead to problems with Immigration.  I simply reply "Immediate Deportation. The U.S. will not allow fiscally irresponsible people to remain in the country."  Then I smile and say "Just kidding."

No, it won't. In terms of obtaining lawful permanent residency (Greencard), there are only affidavit of support requirement in certain situations.  For Naturalization, the inquiry is generally limited to owing any Federal, State or local taxes. 

Ricky Malik, Esq.
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August 18, 2010
  USCIS rolling out E-request email inquiry system
Posted By Ricky
USCIS is rolling out an E-request system.  It will be similar to the Immigration 800 # except it will be done through email.  The system will be limited to I-90's and N-400's at first.  Hopefully it will be a meaningful inquiry process and not just email responses with bolierplate text, similar to the 800# script readers.
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August 07, 2010
  245(i) and Grandfathering
Posted By Ricky

 

The last comprehensive legalization program had a filing deadline of sunset on April 30, 2001.  In general, section 245(i) of the Immigration and Nationality Act allowed an otherwise admissible alien who has an immediately available immigrant visa to apply for adjustment of status upon payment of a $1,000 surcharge, even though the alien entered the United States without inspection in violation of section 245(a) or is barred by section 245(c) of the Act.  While this program entered many years ago, many people may still be able to benefit through the concept of grandfathering.  Grandfathering 245(i) is available to a person (and possibly his immediate family members) if an immigrant petition or labor certification was filed before the deadline of 245(i) for that foreign national and was "approvable when filed."  If this is the case, then the foreign national can adjust status, that is obtain permanent residency a.k.a. a greencard through a subsequent petition.

For further relevant guidance, see below:


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July 31, 2010
  Will you get fired if your EAD (work permit) expires and you have TPS or DED?
Posted By Ricky

The U.S. Department of Justice's Civil Rights Division's Office of Special Counsel for Immigration-Related Unfair Employment Practices (quite a mouthful) released information pertaining to recent Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) renewals.  This information is designed to protect employees as well as to encourage employers to follow the law. 

Every TPS renewal period, our office is overwhelmed with calls from people who are threatened with termination if their work permits are not extended before their expiration.  For those with TPS and DED, this is generally a prohibited act by the employer as the Department of Homeland Security (DHS) usually automatically extends work authorizations for periods of 6 months. Excerpt and full document appear below.

If a current or new employee presents an EAD that has been automatically extended, an employer may not ask for additional documentation to prove work authorization, country of origin or registration for program extensions.

Requesting more or different documents than are required by the I-9 process may violate the antidiscrimination provision of the Immigration and Nationality Act (INA).


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July 28, 2010
  Federal judge issues injunction blocking key provision of Arizona's immigration law
Posted By Ricky


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July 28, 2010
  Federal judge issues injunction blocking key provision of Arizona's immigration law
Posted By Ricky


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July 23, 2010
  Much Anticipated Online Detainee Locator System is finally here
Posted By Ricky
The much anticipated Online Detainee Locator System has just been released.  For my firm which is heavily involved in representing detained immigrants we hope this is an easier way for families and loved one, including lawyers to find the whereabouts of our clients in the opaque ICE.   The Law Offices of Ricky Malik, PC sometimes spend hours over many days investigating and trying to find the whereabouts of our clients.


To Access the sytem click: Detainee Locator
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July 21, 2010
  USCIS Publishes First-Ever Proposed Fee Waiver Form (USCIS seeks public comment)
Posted By Ricky
From the USCIS Fact Sheet and Press Release:

"U.S. Citizenship and Immigration Services (USCIS) has proposed for the first time a standardized fee waiver form in an effort to provide relief for financially disadvantaged individuals seeking immigration benefits. USCIS has published a notice in the Federal Register seeking public comment on the proposed form – Form I-912, Request for Individual Fee Waiver .

The Form I-912 will be available for public comment at www.regulations.gov until September 13, 2010.

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June 14, 2010
  July 2010 Visa Bulletin Released
Posted By Ricky
The U.S. Department of State released the Visa Bulletin for July 2010.
To view, click here.

Ricky Malik
Attorney at Law
www.rmlegal.com
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June 07, 2010
  USCIS Releases Numbers on Pending Employment Based 485's
Posted By Ricky
Click here to view charts
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April 26, 2010
  Supreme Court holds that Immigraiton Consequences of Criminal Pleas are not merely collateral
Posted By Ricky

Padilla v. Kentucky (click name to read case)

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April 15, 2010
  Welcome to our Immigration Blog
Posted By Immigration Attorney
Our attorneys are pleased to announce the launch of our Immigration blog with an RSS feed available at  http://www.rmlegal.com/Blog/Recent-Blog-Posts/RSS.xml
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8620 Centerville Road, Manassas, VA 20110 7505 New Hampshire Ave. Suite 318 Takoma Park, MD 20912 Join us on Facebook Follow us on Twitter Watch Us On YouTube View Our LinkIn Profile Click here to subscribe to our Rss Feed

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.