Blog Posts in August, 2010
Posted on Aug 29, 2010 By Ricky Malik
ICE boss John Morton issues his latest memo on how the cases of foreign nationals in Immigration Court should be treated when the non-citizen has a petition pending before USCIS. He indicates, the ...
Continue reading "Latest John Morton ICE Memo on Noncitizens with petitions pendings while in Immigration Court" »
Posted on Aug 28, 2010 By Ricky Malik
Matter of X-M-C-, Interim Decision #3693, 25 I&N Dec. 322 (BIA 2010) (1) A determination that an alien has filed a frivolous application for asylum, pursuant to section 208(d)(6) of the ...
Continue reading "BIA on Frivolous Asylum Claims" »
Posted on Aug 27, 2010 By Ricky Malik
Matter of Pedroza, Interim Decision #3691, 25 I&N Dec. 312 (BIA 2010) An alien's conviction for a crime involving moral turpitude does not render him ineligible for cancellation of removal under ...
Continue reading "BIA: Petty Offense CIMT does not render one ineglibile for Cancellation of Removal" »
Posted on Aug 26, 2010 By Ricky Malik
Matter of Cortez Canales, Interim Decision #3690, 25 I&N Dec. 301 (BIA 2010) (1) An alien who has been convicted of a crime involving moral turpitude for which a sentence of a year or longer may ...
Continue reading "BIA: Crime Involving Moral Turpitude and Cancellation to Fremoval for a Non-LPR: Interaction with the Petty Offense Exception" »
Posted on Aug 25, 2010 By Ricky Malik
Matter of Casillas-Topete, Interim Decision #3692, 25 I&N Dec. 317 ( BIA 2010) In order to commence proceedings against an alien for purposes of sections 204(g) and 245(e)(2) of the Immigration ...
Continue reading "BIA: When do Immigration Court Proceedings Commence? Matter of Casillas-Topete" »
Posted on Aug 23, 2010 By Ricky Malik
That's right, free!!! The Law Offices of Ricky Malik, P.C. now has Free Legal Guides available on www.rmlegal.com. Further, through Facebook and other social media, individuals can pose general ...
Continue reading "Free Legal Advice and Free Legal Guides!!!" »
Posted on Aug 22, 2010 By Ricky
The District Court dismissed with prejudice Broadgate, Inc.,et al v. USCIS. The court held that the Neufeld H-1B memo does not constitute final agency action subject to judicial review.
Continue reading "Broadgate H-1B Suit challenging Employer/Employee Third Party Placement Memo dismissed" »
Posted on Aug 21, 2010 By Ricky
Transparency will decrease as Executive Office for Immigration Review makes it more difficult to determine hearing dates. The new system requires us to determine dates of issuance of charging document ...
Continue reading "EOIR Immigration Court messes with 800# in the name of security and improvement" »
Posted on Aug 20, 2010 By Ricky
USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS Releases below in English & Spanish
Continue reading "USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS" »
Posted on Aug 19, 2010 By Ricky Malik
One of the most brutal and punishingly tools in immigration's arsenal is being able to detain foreign nationals and specifically deeming them as Mandatory Detainees. After years of adverse decisions, ...
Continue reading "BIA Backs down from Mandatory Detention: Matter of Garcia Arreola" »
Posted on Aug 18, 2010 By Ricky
President Obama signed the H.R. 6080 bill into law on 8/13/10. H.R. 6080 provides $600 million in emergency funds for fiscal 2010 to secure the Southwest border and enhance federal border protection ...
Continue reading "Obama signs emergency Border Bill, and stikes blow to H-1B" »
Posted on Aug 18, 2010 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 ...
Continue reading "USCIS rolling out E-request email inquiry system" »
Posted on Aug 17, 2010 By Ricky
H-1B cap count for Fiscal Year 2011 for October 1, 2011 start date (updated 8/6/10) Cap Type Cap Amount Cap Eligible Petitions H-1B Regular Cap 65,000 28,500 H-1B Master's Exemption 20,000 11,900
Continue reading "H-1B cap count for Fiscal Year 2011 for October 1, 2011 start date (updated 8/6/10)" »
Posted on Aug 16, 2010 By Ricky
The Virginia State Bar released information about the increasing amount of immigration fraud that occurs by Immigration Consultants and Notarios who engage in what is known as the unauthorized ...
Continue reading "Virginia State Bar (VSB) addresses Immigration Fraud" »
Posted on Aug 15, 2010 By Ricky
The Department of Labor (DOL) released the 11th round of Frequently asked questions for the PERM/Labor Certification Process. A Labor Certification is the first step in the Employment based greencard ...
Continue reading "U.S. Department of Labor releases FAQ 11 for Permanent Labor Certification (PERM)" »
Posted on Aug 14, 2010 By Ricky
William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008: Changes to T and U Nonimmigrant Status and Adjustment of Status Provisions; Revisions to Adjudicator’s Field Manual.
Continue reading "U and T visa Memo based on TVPRA 2008" »
Posted on Aug 13, 2010 By Ricky
There is a new filing location for the Million Dollar and Regional Center Investment Program (EB-5)
Continue reading "Millionaires and Entrepreneurs: New filing location for I-526 (EB-5)" »
Posted on Aug 12, 2010 By Ricky
Change of Filing Address for I-129-F, Fiance Petition (K-1)
Continue reading "New Filing Location for K-1 Fiance Petition, I-129F" »
Posted on Aug 11, 2010 By Ricky
Change in Filing Location for the Immigrant Petition for Alien Worker, commonly known as an I-140.
Continue reading "New Filing Location for I-140 Immigrant Petition for Alien Worker" »
Posted on Aug 11, 2010 By Ricky
The State Department has published the September 2010 Visa Bulletin. The next one in October 2010 will mark the commencement of the next fiscal year and hopefully with those new fresh numbers will ...
Continue reading "September 2010 Visa Bulletin (Last one for fiscal year 2010)" »
Posted on Aug 10, 2010 By Ricky
New Filing Location for I-539. The Lockbox of Dallas, Tejas....
Continue reading "Send you I-539's to the Dallas Lockbox" »
Posted on Aug 9, 2010 By Ricky
New Filing Address for I-817
Continue reading "New Filing Address for I-817" »
Posted on Aug 8, 2010 By Ricky
Latest Release about ICE's system to find people detained and held by Immigration and Customs Enforcement (ICE). In English & Spanish
Continue reading "ICE Online Detainee Locator System" »
Posted on Aug 8, 2010 By Ricky
Update on I-130 Immigrant Petition Filing Location
Continue reading "Update on I-130 Immigrant Petition Filing Location" »
Posted on Aug 7, 2010 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 ...
Continue reading "245(i) and Grandfathering" »