Immigration Attorney
Immigration Lawyer Immigration Attorney Profile Legendary Stories Criminal Defense
click here to be intstantly connected to an Immigration Attorney click here to send us an email click here to read our blog
Provisional Stateside Waiver
Detained & Criminal Immigration
Defense From Deportation
Family Based Immigration
Marriage to a U.S. Citizen and Removal of Conditions
Non Immigrant Visas
Humanitairian & Special Immigration Programs
Employment Based Immigration
Maintaining Your Residency
Important Links You Need to Know
Resources: Immigration Consequences of Criminal Convictions
Who We Are
Criminal Law
Find Us
Find Us
View our Offices

Creative Strategy for DACA (Dream Act) Case

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.


No Comments Posted
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.