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August 15, 2016
  Perdon Para Mas Personas - La Residencia
Posted By Ricky Malik

Si usted o alguien que usted conoce es indocumentado (o no tiene tarjeta de residencia) y tiene (uno de los siguientes):

  1. Conyuge ciudadano americano;
  2. Padre ciudadano americano
  3. Conyuge residente permanente; o
  4. Padre residente permanente,

Por favor contactenos, esta persona pudiera ser elegible para el reciente proceso u ampliacion del perdon provisional.

Las oficinas “Law Offices of Ricky Malik, P.C.” han ayudado a incontables clientes a navegar y obtener estatus legal.

www.rmlegal.com

703-686-9900

info@rmlegal.com

Continue reading "Perdon Para Mas Personas - La Residencia" »

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August 11, 2016
  USCIS Expands Provisional Waiver Process
Posted By Ricky Malik

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

Continue reading "USCIS Expands Provisional Waiver Process" »

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February 09, 2015
  Felony Grand Larceny is not an Aggravated Felony
Posted By Ricky Malik

Grand Larceny not an Immigration Aggravated Felony

For years Virginia felony grand larceny was deemed an aggravated felony for Immigration purposes, which means most likely a person with this conviction would be removed or would not be allowed to receive almost any immigration benefit. On December 23, 2014, the Fourth Circuit Court of Appeals which issues controlling decisions for Virginia, West Virginia, North and South Carolina on ruled in Omargharib v. Holder that a conviction for grand larceny in Virginia (VA Code Ann. 18.2-95) is not an "aggravated felony" under the Immigration and Nationality Act (INA).

The Legal Stuff

Often times a "modified categorical approach" is used to analyze criminal laws in the context of immigration, meaning if a statute (or law) is written in a way to encompass different actions to lead to a conviction, a special type of legal analysis is conducted. The Fourth Circuit in this case, consistent with the Supreme Court 2013 ruling in Descamps v. United States, 133 S. Ct. 2276 (2013), concluded that the Virginia crime of larceny is not divisible. Therefore the "modified categorical approach" does not apply, bur rather the regular "categorical approach."

The Best Part

Very revealing was the Fourth Circuit's logic and conclusion on how to determine if a state crime is an aggravated felony using the categorical approach. The court stated:

Under that [categorical] approach, we consider only the elements of the statute of conviction rather than the defendant's conduct underlying the offense. Descamps, 133 S. Ct. at 2285 (stating that the categorical approach's "central feature" is "a focus on the elements, rather than the facts, of a crime"). If the state offense has the same elements as the generic INA crime, then the prior conviction constitutes an aggravated felony. See id., 133 S. Ct. at 2283. But, if the state law crime "sweeps more broadly" and criminalizes more conduct than the generic federal crime, the prior conviction cannot count as an aggravated felony. Id. This is true "even if the defendant actually committed the offense in its generic form." Id. (emphasis added).

That would mean unless there is an exact match between the state statute and the federal statute, under the categorical approach, the crime will not be an aggravated felony. Good news for many non-citizens who are or have been accused of an aggravated felony.

What does this mean for non-citizens?

If you have been denied US Citizenship, have been ordered removed or deported from the United States, or ever been denied a US Immigration benefit because you were accused of being convicted of grand larceny (or possibly other aggravated felonies), you should consult with a qualified Immigration Attorney to determine if you can re-open your case or re-apply for a US Immigration benefit.

Contact the Law Offices of Ricky Malik, PC to schedule a consultation or to find out more about this issue.

Continue reading "Felony Grand Larceny is not an Aggravated Felony" »

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November 21, 2014
  Obama Takes Executive Action on Immigration
Posted By Ricky Malik

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 provisions that have been announced so far and details about who qualifies and when are as follows.

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

  • An undocumented 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.

Continue reading "Obama Takes Executive Action on Immigration" »

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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 11, 2013
  Can a Same-Sex Couple Apply for a Greencard If The State They Live In Does Not Recognize Same-Sex Marriage?
Posted By Ricky Malik

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.

Continue reading "Can a Same-Sex Couple Apply for a Greencard If The State They Live In Does Not Recognize Same-Sex Marriage?" »

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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!)

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

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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 Parole 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 14, 2013
  Can I apply for a Provisional Waiver if I am in removal (deportation) proceedings?
Posted By Ricky Malik

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 inadvertently 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

Continue reading "Can I apply for a Provisional Waiver if I am in removal (deportation) proceedings?" »

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January 11, 2013
  New ICE Detainer policy - December 21, 2012
Posted By Ricky Malik

The director of Immigration & Customs Enforcement, John Morton, released a memorandum on December 21, 2012 that if implemented will significantly scale back the application of detainers by federal, state and local law enforcement.

Under the new guidance, ICE should issue a detainer only where (1) they have reason to believe the individual is an alien subject to removal from the United States AND (2) one or more of the following conditions apply:

  • the individual has a prior felony conviction or has been charged with a felony offense;
  • the individual has three or more prior misdemeanor convictions;
  • the individual has a prior misdemeanor conviction or has been charged with a misdemeanor offense if the misdemeanor conviction or pending charge involves-
    • violence, threats, or assault;
    • sexual abuse or exploitation;
    • driving under the influence of alcohol or a controlled substance;
    • unlawful flight from the scene of an accident;
    • unlawful possession or use of a firearm or other deadly weapon;
    • the distribution or trafficking of a controlled substance; or
    • other significant threat to public safety;3
  • the individual has been convicted of illegal entry pursuant to 8 U.S.C. § 1325;
  • the individual has illegally re-entered the country after a previous removal or return;
  • the individual has an outstanding order of removal;
  • the individual has been found by an immigration officer or an immigration judge to have knowingly committed immigration fraud; or
  • the individual otherwise poses a significant risk to national security, border security, or public safety.

Continue reading "New ICE Detainer policy - December 21, 2012" »

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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 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) clarified 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 constitutes "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 released 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 Department 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 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 Department 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" requirement 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 receive a free evaluation of your eligibility 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 representation requires the use of a Form G-28 Notice of Entry of Appearance which places a double notice requirement 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.

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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

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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.

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February 15, 2012
  Can I apply for a work permit (EAD) even if my case was denied and is on appeal?
Posted By Ricky Malik

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

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January 11, 2012
  TPS Work Authorization Automatically extended while application is pending
Posted By Ricky Malik

Many Temporary Protected Status (TPS) applicants and especially their employers are concerned that their work permits expire while they are waiting for their new card. However, as in previous years, all TPS applicants work permits are automatically renewed as long as they file for their renewal timely.

This means that even if a TPS work permit (employment authorization document - EAD) has an expired date on it, it is still valid due to the blanket automatic extension announced by immigration (USCIS). See the below documents that can be used by both employer and employees:

Federal Register:

Ricky Malik, Esq.

greencard@mail.com

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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 published 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 opposition as they have been proponents of legalization only if there 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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November 24, 2011
  Nov 2011 Prosecutorial Discretion Release from ICE and Immigration Courts
Posted By Ricky Malik

Since the groundbreaking Morton Memos of June 17, 2011 and the announcements from the White House and Secretary of Homeland Security Janet Napolitano, finally ICE and the Immigration Courts responded with some methodology about the "working group" review to determine high priority vs low priority deportations (enforcement priorities).

There were several releases, all of which are featured in this article, the most official from Immigration and Customs Enforcement (ICE) below from Principal Legal Advisor of ICE, Peter Vincent entitled "Case-by-case review of incoming and pending cases":

ICE also released the below statement announcing immediate training and review of incoming and pending cases clogging up the Immigration Courts. The review is to be completed by January 13, 2012 (Good luck with that if any meaningful review is to be conducted):

Let's hope for a fair review. I can't say I have been impressed thus far with the "reviews" of enforcement priorities. Maybe now that there appears to be training in progress, there will be some change.

Ricky Malik, Esq.

www.rmlegal.com

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November 14, 2011
  Asylum without Physical Harm
Posted By Ricky Malik

The Board of Immigration Appeals in Matter of T-Z-, 24 I&N Dec. 163 (BIA 2007) held physical harm is not necessary. Threats or severe economic deprivation can rise to the level of persecution.

"(1) An abortion is forced by threats of harm when a reasonable person would objectively view the threats for refusing the abortion to be genuine, and the threatened harm, if carried out, would rise to the level of persecution.

(2) Nonphysical forms of harm, such as the deliberate imposition of severe economic disadvantage or the deprivation of liberty, food, housing, employment, or other essentials of life, may amount to persecution.

(3) When an Immigration Judge denies asylum solely in the exercise of discretion and then grants withholding of removal, 8 C.F.R. § 1208.16(e) (2006) requires the Immigration Judge to reconsider the denial of asylum to take into account factors relevant to family unification."

Matter of T-Z-

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.

Ricky Malik, Esq.

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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 embedded 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 announced 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 prioritized 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 comprehensive 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 and contributions 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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May 17, 2011
  June Visa Bulletin Released
Posted By Ricky Malik

Some movement: http://travel.state.gov/visa/bulletin/bulletin_4879.html

Ricky Malik, Esq.

Law Offices of Ricky Malik, P.C.

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May 16, 2011
  What's a Public Charge? Will getting help from the Goverment and food stamps or medicare cause me problems with immigration?
Posted By Ricky Malik

The United States Citizenship & Immigration Services (USCIS) released a fact sheet clarifying the issue of what benefits can make one a public charge. 

Accepting the following can lead to a public charge determination (determined on a case by case basis):

  • 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 assistance for 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
  • -he 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

Continue reading "What's a Public Charge? Will getting help from the Goverment and food stamps or medicare cause me problems with immigration?" »

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May 15, 2011
  BIA allows admission of evidence outside of the record of conviction ONLY only where the conviction record itself does not conclusively demonstrate whether the alien was convicted of engaging in conduct that constitutes a crime involving moral turpitude.
Posted By Ricky Malik

Could it be made any more expensive.  So now if the entire record of conviction is not enough to prove its a Crime Involving Moral Turpitude (CIMT), the Government can go get whatever else they can find to make it a CIMT, even though a competent criminal judge convicted the person of a crime that is NOT a CIMT.  Matter of AHORTALEJO-GUZMAN, 25 I&N Dec. 465 (BIA 2011).

Ricky Malik, Esq.

Law Offices of Ricky Malik, P.C.

Continue reading "BIA allows admission of evidence outside of the record of conviction ONLY only where the conviction record itself does not conclusively demonstrate whether the alien was convicted of engaging in conduct that constitutes a crime involving moral turpitude." »

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May 14, 2011
  Attorney General vacates BIA and provides initial signs of relief for same sex couples
Posted By Ricky Malik

In a single page decision, the Attorney General of the United States in Matter of Dorman, 25 I&N Dec. 485 (A.G. 2011) remands a case for the Board to consider his questions, amongst which, "whether, absent the requirements of DOMA, respondent’s same-sex partnership or civil union would qualify him to be considered a “spouse” under the Immigration and Nationality Act. 

Ricky Malik, Esq.

www.facebook.com/rmlegal

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May 13, 2011
  Big K-1 Fiance Visa case from the Board
Posted By 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

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May 12, 2011
  Immigration Case addressing the competency of someone who is before an Immigration Judge
Posted By Ricky Malik

Matter of M-A-M

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 10, 2011
  DOL wants to limit employer's ability to obtain accurate prevailing wages: "An employer that receives more than one PWD based on variations of its minimum job requirements must abide by the higher wage."
Posted By Ricky Malik

Why the higher and not the lower?  Was not that clearly explained in holding below:

TAKE SOLUTIONS v PAWAR SANDESH 2010PER00907 (APR 28 2011) 083332 CADEC SD

Ricky Malik, Esq.

www.rmlegal.com

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May 09, 2011
  Washington State reduces maximum possible misdemeanor jail sentence by one day to 364 days. Hoorah!! If only all States would do the same...
Posted By Ricky Malik

I can't tell you how many times I've met immigrants who received 12 months, all suspended (meaning the Criminal Judge wanted no jail time), who then face deportation because they have a one year sentence. 

Even prosecutors and Judges will later admit to not wanting the person deported when the sentence was handed down.

The change in the State of Washington will prevent unintended consequences such as deportation for many immigrants (legal and illegal) who don't deserve to be deported.

Ricky Malik, Esq.

www.rmlegal.com

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May 07, 2011
  Final Memo released on coordination between Immigration agencies for people who are fighting their case in Immigration Court
Posted By Ricky Malik

United States Citizenship & Immigration Services released final memo guidance for coordination with U.S. Immigration and Customs Enforcement (ICE) on the adjudication of applications and petitions involving individuals in removal proceedings before the Executive Office of Immigration Review (EOIR).

Ricky Malik, Esq.

www.rmlegal.com

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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 Enforcement (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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May 03, 2011
  Predator Drones used on Terrorists to be used on Immigrants along Southern Border
Posted By Ricky Malik

Predator Drones Fact Sheet

Ricky Malik, Esq.

www.rmlegal.com

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April 27, 2011
  Defining "Same or similar Occupational classification" for purposes of porting under INA 204(j) and AC 21
Posted By Ricky Malik

United States Citizenship & Immigration Services (USCIS) released the following Q& A guidance.

USCIS - Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21)

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March 02, 2011
  BIA addresses intentional conduct CIMTand adherence to Silva Trevino
Posted By Ricky Malik

The Board of Immigration Appeals (BIA) in Matter of GUEVARA ALFARO, 25 I&N Dec. 417 (BIA 2011) held:

(1) Any intentional sexual conduct by an adult with a child involves moral turpitude,
as long as the perpetrator knew or should have known that the victim was under the
age of 16. Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008), followed.
Quintero-Salazar v. Keisler, 506 F.3d 688 (9th Cir. 2007), not followed.

(2) Absent otherwise controlling authority, Immigration Judges and the Board
of Immigration Appeals are bound to apply all three steps of the procedural framework
set forth by the Attorney General in Matter of Silva-Trevino for determining whether
a particular offense constitutes a crime involving moral turpitude.

Ricky Malik, Esq.

www.rmlegal.com

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March 01, 2011
  USCIS Memo on Deciding Petitions and Applications when Foreign National in Removal Proceedings
Posted By Ricky Malik

United States Citizenship & Immigration Services (USCIS) issued an interim memo (in effect now) to address scenarios when a foreign national is in removal (deportation ) proceedings before the Immigration Courts (part of the Department of Justice's Executive Office for Immigration Review) but an application for a benefit is pending before USCIS (part of the Department of Homeland Security).

Those Immigration Court litigators such as myself, know all too well the frustration of waiting months, if not years for USCIS to decide on an I-130, I-140 or other application.

Now USCIS is committed to 30 to 45 days time frames for adjudications.  Thirty days for detained cases, 45 days for non-detained.

Ricky Malik, Esq.

Attorney at Law

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February 28, 2011
  The Office of Immigration Litigation's "Immigration Litigation Bulletin"
Posted By Ricky Malik

It sounds like a mouthful.  One of the divisions of the U.S. Government that represents the U.S. Department of Homeland Security before the Federal Courts (mainly the various Courts of Appeal) is the Office of Immigration Litigation (OIL).  Periodically, OIL publishes their Immigration Litigation Bulletin which was previously unavailable to the public until the Freedom of Information Act (FOIA) was applied to that division.

To view past Immigration Litigation Bulletins, click here.

Ricky Malik, Esq.

www.rmlegal.com

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February 27, 2011
  USCIS Memo: Revocation of VAWA-Based Self-Petitions
Posted By Ricky Malik

United States Citizenship & Immigration Services (USCIS) published a memo earlier this year indicating detailing when a Violence Against Women Act (VAWA) self petition can be revoked:  "If an officer in the field receives new information that was not available to the VSC at the time of the approval of a VAWA self-petition, and that new information leads the officer to reasonably believe that a VAWA self-petition should be revoked, the officer must write a memorandum to his or her Supervisory Immigration Service Officer (SISO) explaining why the VAWA self-petition should be reviewed for possible revocation."

We at the Law Offices of Ricky Malik, P.C. is very concerned that this memo will encourage USCIS to look for adverse information in interviews and in other contacts.

Ricky Malik, Esq.

www.rmlegal.com

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February 26, 2011
  USCIS to Issue Single Employment Authorization and Advance Parole Card for Adjustment of Status Applicants
Posted By Ricky Malik

U.S. Citizenship and Immigration Services (USCIS) announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.

The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.

Ricky Malik, Esq.

Attorney at Law

American Immigration Lawyers Association Member

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February 25, 2011
  Frequently Asked Questions: Round 1 Q&A for H-1B, H-1B1 and E-3
Posted By Ricky Malik
H1 BFAQ021711
Continue reading "Frequently Asked Questions: Round 1 Q&A for H-1B, H-1B1 and E-3" »

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February 24, 2011
  BIA on stop-time remedy of departing and returning to the U.S
Posted By Ricky Malik

The Board of Immigration Appeals held in Matter of Nelson 25 I&N Dec. 410 (BIA 2011): "Once an alien has been convicted of an offense that stops the accrual of the 7-year period of continuous residence required for cancellation of removal under section 240A(a) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(a) (2006), section 240A(d)(1) of the Act does not permit such residence to restart simply because the alien has departed from, and returned to, the United States."

Ricky Malik

Immigration Attorney

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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

Continue reading "March 2011 Visa Bulletin Released" »

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February 22, 2011
  Huge 4th Circuit Victory on Gang based persecution based on family as particular social group
Posted By Ricky Malik

In a refreshing decision, the Fourth Circuit Court of Appeals remanded an MS-13 El Salvador gang case back to the Board of Immigration Appeals after determining that the respondent did fit within a particular social group for his kinship (family) ties to his uncle who testified against the criminal gang MS-13.  Both the uncle and the respondent received threats in El Salvador before fleeing to the United States seeking protection.

Ricky Malik, Esq.

Immigration Attorney

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February 21, 2011
  BIA overrules Shanu to clarify concept of "admission"
Posted By Ricky Malik

Headnote: "In general, an alien's conviction for a crime involving moral turpitude triggers removability under section 237(a)(2)(A)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(i) (2006), only if the alien committed the crime within 5 years after the date of the admission by virtue of which he or she was then present in the United States. Matter of Shanu, 23 I&N Dec. 754 (BIA 2005), overruled in part."  Matter of ALYAZJI , 25 I&N Dec. 397 (BIA 2011).

In trying to guide us on what constitutes an admission, the Board of Immigration Appeals in its decision stated:

"Specifically, we now hold that the statutory phrase "the date of admission" necessarily refers to a single date in relation to the pertinent offense; thus, not every "date of admission" triggers the 5-year clock."

"The phrase "the date of admission" refers to the date of the admission by virtue of which the alien was present in the United States when he committed his crime.  Thus, to ascertain an alien's deportability under section 237(a)(2)(A)(i) of the Act, we look first to the date when his crime was committed. If, on that date, the alien was in the United States pursuant to an admission that occurred within the prior 5-year period, then he is deportable. Conversely, the alien is not deportable if he committed his offense more than 5 years after the date of the admission pursuant to which he was then in the United States. Moreover, under this understanding of the phrase "the date of admission," the 5-year clock is not reset by a new admission from within the United States (through adjustment of status).7 Rather, such a new admission merely extends an existing period of presence that was sufficient in and of itself to support the alien's susceptibility to the grounds of deportability."

Ricky Malik, Esq.

Immigration Lawyer

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February 07, 2011
  Fourth Circuit Court of Appeals Issues Published Decision on Social Group Based Asylum for Firm's Client
Posted By Ricky Malik

In a case argued and briefed by Attorney Ricky Malik, the U.S. Fourth Circuit Court of Appeals issued a published decision on January 19, 2011 denying the asylum, withholding and Convention against Torture (CAT) claims of one of our clients.  Our client was seeking asylum and related protection in the United States based on his fear of returning to El Salvador based on the fact he would be persecuted by ruthless gangs in El Salvador.  Gang violence in El Salvador is a major problem that has existed and increased in severity in recent years.  These multi-national gangs have been known to torture, maim, victimize and kill many people throughout the Central American region and Mexico. Some of the more infamous gangs are Mara Salvatrucha 13 (MS-13), M-18 and Los Zetas, to name a few. 

We were disappointed in the decision from the Fourth Circuit and understand this is a difficult issue for the Court because U.S. Asylum law only allows for a grant of Asylum or Withholding of removal IF a person can prove that the harm is motivated by the person's race, religion, nationality, political opinion, or membership in a particular social group.   Our client's claim was based upon his "membership in a particular social group," a group that is difficult to define and limited by years of caselaw.

Ricky Malik, Esq.

Law Offices of Ricky Malik, P.C.

Continue reading "Fourth Circuit Court of Appeals Issues Published Decision on Social Group Based Asylum for Firm's Client" »

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February 04, 2011
  Kazarian Memo: Evaluation Standard for certain EB-1 and EB-2 I-140 Immigrant Petitions
Posted By Ricky Malik

"This Policy Memorandum (PM) provides guidance regarding the analysis that U.S. Citizenship and Immigration Service (USCIS) officers who adjudicate these petitions should use when evaluating evidence submitted in support of Form I-140, Immigrant Petition for Alien Worker, filed for:

  • Aliens of Extraordinary Ability under section 203(b)(1)(A) of the Immigration and Nationality Act (INA);
  • Outstanding Professors or Researchers under section 203(b)(1)(B) INA; and
  • Aliens of Exceptional Ability under section 203(b)(2) INA."

Ricky Malik, Esq.

rmlegal.com

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February 04, 2011
  Fourth Circuit analyzes an Immigration Conviction
Posted By Ricky Malik

The Fourth Circuit Court of Appeals analyzed whether a VA Code 18.2-251 dismissal qualifies as a conviction for Immigration purposes per INA 101(a)(48)(A) even though it was a deferred adjudication.  In Crespo v. Holder, the respondent did not plead guilty, and even though the judge found facts justifying a finding of guilty.  The court felt that Congress in writing the Immigration laws intended a judge's finding of guilt to be a far different scenario than a judge finding facts sufficient to find guilty.  As such, the Court determined that a Virginia 18.2-251 dismissal or a case in which as the plain reading of the statute suggests that there has not been a finding of guilt or an entering of a guilty plea, the foreign national subject to the grips of the Immigration and Nationality Act, has not been convicted of a crime.

Ricky Malik, Esq.

rmlegal.com

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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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February 02, 2011
  FY 2011 H-1B cap count reached!
Posted By Ricky Malik

USCIS has reached its annual cap for H-1B petitions. The next time employers may petition will be on April 1, 2011 for a start date of October 1, 2011.

Contact the Law Offices of Ricky Malik, P.C. to prepare a FY 2012 petition.

Ricky Malik, Esq.

Immigration Attorney

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February 01, 2011
  TPS Memo clarifies which grounds of inadmissibility do not apply and waivers
Posted By Ricky Malik

USCIS issued a draft memo, open for comment until February 10, 2001 addressing which grounds of inadmissibility do NOT apply to Temporary Protected Status (TPS applicants).   The memo also briefly addresses situations where a TPS applicant may seek adjustment of status (a greencard).  Unfortunately, the draft memo seems to limit circumstances where adjustment of status may be sought. 

Ricky Malik, Esq.

Immigration Attorney

Continue reading "TPS Memo clarifies which grounds of inadmissibility do not apply and waivers" »

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January 31, 2011
  Tri Valley-University's Indian Students may face deportation
Posted By Ricky Malik

Over 1000 students from India, mostly from Andhra Pradesh, may face removal proceedings as a result of an Immigration and Customs Enforcement (ICE) raid on Tri-Valley University outside of San Francisco, California.  ICE, calling the institution "Sham University," accused it of helping foreign students acquire student status illegally.

Full Story, click here.

Ricky Malik, Esq.

Immigration Attorney

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January 24, 2011
  USCIS Issues Memo Clarifying Misdemeanor for TPS purposes
Posted By Ricky Malik

USCIS released a memo entitled "Temporary Protected Status Adjudications Involving "No Jail" or "No Incarceration" Certifications, and Reminder for Cases Involving Certain Potential Misdemeanors"

USCIS clarified that not all crimes are automatically misdemeanors, especially if offense does not carry any jail or incarceration.  This may be positive news for many how are convicted of small offenses.

Consult with an experienced lawyer at the Law Offices of Ricky Malik, P.C. if you have lost your TPS or concerned you may lose it due to a minor infraction. 

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 14, 2011
  Law Change: Death of Petitioner will not lead to a denial of your case
Posted By Ricky Malik

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 untimely motion 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. Now section 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.

Ricky Malik, Esq.

Visa Attorney

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January 13, 2011
  Visa Bulletin February 2011
Posted By Ricky Malik

The Department of State has released the Visa Bulletin for February 2011.

Immigration and sponsorship are far more complicated than thought.  If you have family members you would like to invite to the United States or if you wish to petition for employees, contact the Law Offices of Ricky Malik, P.C. and schedule a consultation with one of our experienced attorneys.  Our office represents businesses and individuals in Virginia, Maryland, Washington, DC and throughout the United States and the world.

Click Here to view the February 2011 Bulletin.

Ricky Malik

Immigration Attorney

Continue reading "Visa Bulletin February 2011" »

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January 06, 2011
  Attorney Ricky Malik on when someone is detained
Posted By Ricky Malik
Continue reading "Attorney Ricky Malik on when someone is detained" »

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December 03, 2010
  Administrative Appeals Office on 204(j) Portability (AC 21)
Posted By Ricky Malik
  • Although section 204(j) of the Immigration and Nationality Act, 8 U.S.C. § 1154(j) (2000), provides that an employment-based immigrant visa petition shall remain valid with respect to a new job if the beneficiary's application for adjustment of status has been filed and remained unadjudicated for 180 days, the petition must have been "valid" to begin with if it is to "remain valid with respect to a new job."
  • To be considered "valid" in harmony with related provisions and with the statute as a whole, the petition must have been filed for an alien who is "entitled" to the requested classification and that petition must have been "approved" by a U.S. Citizenship and Immigration Services ("USCIS") officer pursuant to his or her authority under the Act.
  • Congress specifically granted USCIS the sole authority to make eligibility determinations for immigrant visa petitions under section 204(b) of the Act.
  • An unadjudicated immigrant visa petition is not made "valid" merely through the act of filing the petition with USCIS or through the passage of 180 days.

Ricky Malik, Esq.

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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November 20, 2010
  December 2010 Visa Bulletin Released
Posted By Ricky Malik

The State Department has released the Visa Bulletin for November 2010.

Click Here to View.

Ricky Malik, Esq.

www.rmlegal.com

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November 17, 2010
  TRAC finds Immigration Courts taking longer to decide cases, mired in backlogs
Posted By Ricky Malik

http://trac.syr.edu/immigration/reports/244/

Ricky Malik, Esq.

www.rmlegal.com

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November 16, 2010
  BALCA: Screenshot is sufficient as proof for Labor Certification recruitment
Posted By Ricky Malik

The Board of Alien Labor Certification Appeals (BALCA) finds that a screenshot from the State Workforce Agency (SWA) is sufficient to demonstrate job posting.

Ricky Malik, Esq.

www.rmlegal.com 

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November 15, 2010
  December 2010 Visa Bulletin Released
Posted By Ricky Malik
FamilyAll Chargeability Areas Except Those ListedCHINA-mainland bornDOMINICAN REPUBLICINDIAMEXICOPHILIPPINES
1st15FEB0615FEB0601JUN0415FEB0601JAN9301APR97
2A01AUG1001AUG1001AUG1001AUG1001MAR1001AUG10
2B01JUN0501JUN0501JAN0201JUN0522JUN9201MAR00
3rd01JUN0201JUN0201JUN0201JUN0222OCT9201JUL92
4th01JAN0201JAN0201JAN0201JAN0222DEC9501JAN88
Employment- Based

All Chargeability Areas Except Those Listed

CHINA- mainland bornDOMINICAN REPUBLICINDIAMEXICOPHILIPPINES
1stCCCCCC
2ndC08JUN06C08MAY06CC
3rd22FEB0508DEC0322FEB0522JAN0201JUL0222FEB05
Other Workers22APR0322APR0322APR0322JAN0201JUL0222APR03
4thCCCCCC
Certain Religious WorkersCCCCCC
5thCCCCCC
Targeted Employment Areas/ Regional CentersCCCCCC
5th Pilot ProgramsCCCCCC

Click to View Full Bulletin: http://travel.state.gov/visa/bulletin/bulletin_5197.html

Ricky Malik, Esq.

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November 14, 2010
  DHS Immigration Prosecutor gets scolded by BIA!
Posted By Ricky Malik

In an unpublished decision, the Board of Immigration Appeals scolded the Department of Homeland Security's Office of the Chief Counsel for its behavior towards an Immigration Judge. 

The BIA stated " Our review of the record reveals that the DHS attorney exhibited intemperate, disrespectful, and unprofessional behavior towards the Immigration Judge. Such behavior is unbecoming of DHS counsel."

Ricky Malik, Esq.

www.rmlegal.com

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November 04, 2010
  Immigration uses Facebook and social networking sites to detect immigration fraud
Posted By Ricky Malik
In a leaked memo entitled "Social Networking Sites and Their Importance to FDNS", Immigration's Office of Fraud Detection and National Security (FDNS) stated that:  "Narcissistic tendencies in many people fuels a need to have a large group of"friends" link to their pages and many of these people accept cyber-friends that they don't even know. This provides an excellent vantage point for FDNS to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities. Generally, people on these sites speak honestly in their network because all of their friends and family are interacting with them via lM's (Instant Messages), Blogs (Weblog journals), etc. This social networking gives FDNS an opportunity to reveal fraud by browsing these sites to see if petitioners and beneficiaries are in a valid relationship or are attempting to deceive CIS about their relationship."

Ricky Malik, Esq.

www.rmlegal.com

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November 03, 2010
  IPC's "Answers to the Toughest Immigration Questions"
Posted By Ricky Malik

The Immigration Policy Center, an arm of AILA's American Immigration Counsel issued a insightful and fact based guide providing answers to some of the most common immigration-related questions, including those about worksite enforcement, border security, birthright citizenship, public benefits, crime, integration, the economic impact of immigration, and more. See below:

Ricky Malik, Esq.

www.rmlegal.com

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November 02, 2010
  Dept of Labor posts PERM labor certification FAQ #12
Posted By Ricky Malik

The U.S. Department of Labor (DOL) published Round 12 of their Frequently Asked Questions (posted below). It was short and appears intended to disallow attorneys or agents to be the point of contact for Employers. It's odd since anytime a person or party is represented by an attorney in all areas of American jurisprudence, the attorney is the point of contact.  DOL has historically shown distrust of attorneys and agents, and probably with reason due to many unfortunate instances of immigration fraud. 

In June 2008 the DOL famously and aggressively went after the internationally renowned Fragomen law firm to their embarrassment. 

Ricky Malik, Esq.

www.rmlegal.com

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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 review 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 21, 2010
  Immigration Delay in issuing Work Permits
Posted By Ricky Malik

USCIS announced that TPS registrants from El Salvador, Honduras and Nicaragua may not recieve their work permits until November 2010.

Untitled page

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October 20, 2010
  November 2010 Visa Bulletin
Posted By Ricky Malik

The Visa Bulletin for November 2010 has been released.

Click here.

Ricky Malik, Esq.

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October 18, 2010
  Poster child for anti-immigration movement, Lou Dobbs hypocritically hired illegal immigrants
Posted By Ricky Malik

Lou Dobbs charged with hypocrisy.  The founding father of immigrant hatred was reported to have hired illegal immigrants to work his lands. In a shocking revelation, Dobbs is painted as a hypocrite by national media and his colleagues.

Lou Dobbs, along with Republican political candidate and billionaire Meg Whitman, recently joined the group of high-profile immigrant haters whose hypocrisy has been exposed.  I'm sure ICE will shortly prosecute both of them like they do with so many others who violate immigration laws and hire undocumented workers.

For more, see click links below for articles:

The Last Word

Palm Beach Post

Ricky Malik, Esq.

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October 17, 2010
  ICE: Counties Cannot Opt Out of Voluntary Immigration Program
Posted By Ricky Malik

In recent days, several communities (including Arlington, VA, Washington, DC amongst others) have tried to opt out of Immigration & Customs Enforcement's (ICE) "secure communities" program.  The program allows for anyone who is arrested for anything from minor traffic violations to serious crimes to have their fingerprints checked against immigration and criminal databases.  It is intrusive and without the consent of not only the individual, but also the local governments.  U.S. Citizens are also checked and not protected from such violations, but ICE does not care and conducts such intrusions on individual's privacy.  Privacy is a concern because Immigration is civil in nature and not criminal and thus permission has to be obtained. 

Now even when local governments do not want to participate in what they thought was a voluntary program, they are not permitted to leave.  So much for States' Rights.  Another example of Big Government outpowering local governments.  I'm sure the highly principled Tea Party is running to fight big federal government on this one. For more from the Associate Press, click here.

Ricky Malik, Esq.

www.rmlegal.com

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October 16, 2010
  Attorney Ricky Malik Attends Advanced Litigation (Courtroom) Training
Posted By Ricky Malik

The American Immigration Lawyers Association (AILA) and the American Immigration Counsel (AIC) held a 3 day advanced litigation (courtroom lawyering) training over Columbus Day weekend 2010. 

Attorney Ricky Malik was one of only sixty lawyers nationwide to participate in the advanced, interactive and intensive institute to further sharpen his litigation skills. The Law Offices of Ricky Malik, P.C. always strives to improve to better serve you.

Ricky Malik, Esq.

www.rmlegal.com

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October 15, 2010
  4th Circuit: False claim to U.S. Citizenship on I-9 is material misrepresentation
Posted By Ricky Malik

The Fourth Circuit, in an appeal of a criminal case, upheld a conviction for false claim of citizenship on an I-9 Form.  An I-9 is the form anyone seeking employment in the United States, and their employers, must complete in order to work.  In this case a former TPS holder's misrepresentation as a U.S. Citizen on the I-9 was deemed material.  US v. Garcia-Ochoa, 607 F. 3d 371:

See also the Board of Immigration Appeals Decision in Matter of Olga BARCENAS-BARRERA, Cite as 25 I&N Dec. 40 (BIA 2009) holding that An alien who willfully and knowingly makes a false representation of birth in the United States on a passport application is inadmissible under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(ii) (2006), for making a false representation of United States citizenship.

Ricky Malik, Esq.

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October 14, 2010
  5th Circuit: An immigrant can legally work but may still not be legal???
Posted By Ricky Malik

In a confusing decision, the 5th Circuit Court of Appeals held that the automatic 240-day extension of employment authorization that accompanies an extension of nonimmigrant status under does not provide lawful immigration status for purposes of INA §§245(c)(2) and 245(k)(2)(A).

This is a very confusing issue, and one that our firm also runs into a lot with Temporary Protected Status (TPS) applicants as well as those with long term pending asylum applications who receive interim work permits.  It seems USCIS contends that illegals are allowed to work? If you are allowed to work, how can you be illegal? The 5th Circuit has found the logic to answer this oxymoronic question in Bokhari vs. Holder.

Ricky Malik, Esq.

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October 10, 2010
  Immigration Officers and Politicians Violate Immigration laws
Posted By Ricky Malik

Border Patrol officer promises immigration papers for money

Immigration Officer: Have sex with me or be deported!"

Housekeeper of Republican Gubernatorial Candidate abuses housekeeper (wage)

Ricky Malik, Esq.

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October 09, 2010
  Stephen Colbert testifies before Congress about Immigrant Farmworkers
Posted By Ricky Malik

Comedian and political commentator Stephen Colbert testified about immigration labor to Congress.

Ricky Malik, Esq.

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October 08, 2010
  Immigration Courts back off changes to 800 number
Posted By Ricky Malik

Thankfully, the Immigration Courts (also known as the Executive Office for Immigration Review or EOIR) scaled back their proposed changes to the Court 800 information number.

This may have been a bigger deal to immigration lawyers and advocates than to anyone else, but I'm sure any immigration practitioner will tell you how often they can determine what is happening with an immigrants case, including if they have ever been deported (removed) by having reasonable access to the EOIR system via 800-898-7180.

A pat on the back to the EOIR for making a commonsense decision.

Ricky Malik, Esq.

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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 eligibility:

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.

Ricky Malik, Esq.

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October 04, 2010
  Abercrombie & Fitch fined $1 Million by Immigration for violations
Posted By Ricky Malik

"DETROIT - U.S. Immigration and Customs Enforcement's (ICE) Office of Homeland Security Investigations (HSI) announced today a $1,047,110 fine settlement reached with the clothing retailer Abercrombie & Fitch for violations of the Immigration and Nationality Act related to an employer's obligation to verify the employment eligibility of its workers."

Full Story click here.

Ricky Malik, Esq.

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October 03, 2010
  USCIS to designate more resources to H1-B adjudication to speed up processing
Posted By Ricky Malik

USCIS in response to the inexplicable delays in H-1B processing announced they will designate more resources to H-1B processing.

Ricky Malik, Esq.

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October 02, 2010
  Arlington, VA opts out of Secure Communities immigration enforcement program!!
Posted By Ricky Malik

"Arlington became one of the first communities in the country to reject a national immigration enforcement program today when the County Board voted 5-0 against the county's participation in that program."

Hooray for Arlington, VA.  Standing up against anti-immigrant fervor.

Full Story, click here.

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October 01, 2010
  Need a pardon in New York to stop a deportation?
Posted By Ricky Malik

Click Here.

Most states have a set procedure.  You have to communicate with the governor's office.

Ricky Malik, Esq.

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September 30, 2010
  DC Area man convicted for scamming immigrants, impersonating immigration officer
Posted By Ricky Malik

Germantown man who impersonated a federal immigration agent pleads guilty to fraud scheme

ICE Press Release: "GREENBELT, Md. - Robert Fred Mejia, 29, of Germantown, Md., pleaded guilty to conspiring to transport money obtained by fraud across state lines, impersonating an Immigration and Customs Enforcement (ICE) officer, transporting money obtained by fraud in connection with a scheme to purportedly provide immigration services and being a felon in possession of ammunition after an investigation led by ICE.

According to the plea agreement, from December 2007 to June 2009, Mejia and a conspirator charged over 50 individuals for immigration services which they did not provide. On numerous occasions, Mejia and his co-conspirator caused such individuals in Washington D.C., and Virginia to bring $5,000 or more to their office in Gaithersburg, Md., to pay for the purported immigration services. Mejia and the co-conspirator completed immigration documents and had fingerprints taken for the individuals. However, no paperwork was ever filed on behalf of those clients."

For full release, click here.

Ricky Malik, Esq.

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September 29, 2010
  California Attorneys Sentenced to Prison for Asylum Fraud Scheme
Posted By Ricky Malik

ICE press release: "SACRAMENTO, Calif. - Three attorneys for a northern California law firm and their contract interpreter were sentenced to lengthy prison terms Friday following their conviction on charges stemming from an investigation by U.S. Immigration and Customs Enforcement's (ICE) Office of Homeland Security Investigations (HSI) that revealed they orchestrated a scheme to file hundreds of false asylum claims.

Jagprit Singh Sekhon, 39, of Westminster, Calif., formerly of Sacramento, was sentenced to 108 months in prison. His brother and former partner in the Sekhon & Sekhon law firm, Jagdip Singh Sekhon, 42, of Salida, Calif., was sentenced to 60 months in prison. Their former law firm associate, Manjit Kaur Rai, 33, of Discovery Bay, Calif., was sentenced to 30 months in prison. The sentencing hearing for interpreter Iosif Caza, 43, of Sacramento has not yet concluded. Interpreter Luciana Harmath, 29, of Glendale, Ariz., formerly of Sacramento, was sentenced to four months in prison last month."

There are too many attorneys, immigration consultants, notorious and fraudsters active in the U.S. Immigration system, stronger enforcement of those who perpetuate fraud will increase the integrity of the system.

For more, click here.

Ricky Malik, Esq.

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September 28, 2010
  BIA: A CIMT that qualifies for the petty offense exception does not trigger stop-time rule
Posted By Ricky Malik

In Matter of  Matter of Garcia, 25 I&N Dec. 332 (2010), the BIA held that "A conviction for a single crime involving moral turpitude that qualifies as a petty offense is not for an “offense referred to in section 212(a)(2)” of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2) (2006), for purposes of triggering the “stop-time” rule in section 240A(d)(1) of the Act, 8 U.S.C. § 1229b(d)(1) (2006), even if it renders the alien removable under section 237(a)(2)(A)(i) of the Act, 8 U.S.C. § 1227(a)(2)(A)(i) (2006)."

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 22, 2010
  No Labor Certification for CEO who has 50% ownership in company
Posted By Ricky Malik

The Board of Alien Labor Certification Appeals (BALCA) agreed with the certifying officer that the labor certification application for the CEO of a closely held company should be denied, handing down another blow to the concept of the immigrant entrepreneur (Immipreneur).

BALCA relied heavily on its previous decision in Modular Container Systems to affirm the CO's finding that “Where the employer is a closely held corporation or partnership in which the alien has an ownership interest, a presumption exists that influence and control over the job opportunity is such that the job opportunity is not bona fide, i.e., not open and available to U.S. workers.”

This does not mean that a person closely involved in a company cannot obtain a certification, which is good news.  However, the petitioning company " carries the burden of showing that it has a bona fide job opportunity that is open to all U.S. workers. As the Board found in Modular Container Systems, Inc ., though it is a difficult task, the sponsoring employer can overcome the regulatory proscription that self-employment is a per se bar it if it can establish genuine independence and vitality not dependent on the alien's financial contribution or other contribution indicating self-employment. Id. at 6 .'

Ricky Malik, Esq.

Attorney at Law

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September 21, 2010
  Earthquake Relief: Haitian students affected by 2010 Earthquake may apply for Work Permits
Posted By Ricky Malik

The Department of Homeland Security (DHS) will allow Haitian F-1 students who were in the United States on January 12, 2010 to apply for work permits. 

The DHS previously issued Temporary Protected Status (TPS) to Haitians in response to the devastating earthquake.  Haitian nationals holding F-1 nonimmigrant status or any other type of status should consider consulting with a competent attorney to determine if it is in their best interests to maintain their current status or change status to TPS.  TPS for example will not require a Haitiain F-1 student to continue to pay school fees if the Change of Status (COS) is granted.

For more click here.

Ricky Malik, Esq.

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September 19, 2010
  Office of Immigration Litigation publishes Immigration Consequences of Criminal Convictions
Posted By Ricky Malik

Office of Immigration Litigation publishes Immigration Consequences of Criminal Convictions in response to Supreme Court decision in Padilla vs. Kentucky.

I disagree with some of their analysis on exceptions and waivers including the one for drug possession crimes and crimes of violence aggravated felonies, to name a few.  Nonetheless, it is very instructive for the non-immigration litigator.

"In view of the Supreme Court's decision in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), the Office of Immigration Litigation ("OIL") has prepared a comprehensive overview of the provisions of the Immigration and Nationality Act that are relevant to criminal aliens. The overview is intended to assist interested parties in understanding the potential immigration consequences of a plea to criminal charges. Padilla held that the Sixth Amendment requires defense counsel to advise a noncitizen client of the risk of deportation arising from a guilty plea. The Court concluded that defense counsel's failure to so advise, or defense counsel's misadvice regarding the immigration consequences of the plea, may constitute ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984), which may be a basis for withdrawing a guilty plea and vacating a conviction.

The Court's holding in Padilla requires defense counsel to have a basic understanding of immigration law - an area in which they "may not be well versed" - in order to effectively advise their clients. Padilla, 130 S. Ct. at 1483. The decision is also of obvious importance, however, to federal and state prosecutors and judges, among other interested parties. This guide - to which many OIL attorneys have contributed - presents a brief, cogent, and clear introduction that identifies and summarizes the relevant statutes."

Ricky Malik, Esq.

Attorney At Law

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September 17, 2010
  H-1B Cap Count (for Fiscal Year 2011) as of September 3, 2010
Posted By Ricky Malik
H-1B Cap Count (for Fiscal Year 2011) as of September 3, 2010

Cap Type

Cap Amount

Cap Eligible Petitions

Petition Target


Date of Last Count

H-1B Regular Cap

65,000

36,600

9/3/2010

H-1B Master's Exemption

20,000

13,400

9/3/2010

Ricky Malik, Esq.

greencard@mail.com

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September 16, 2010
  H-1B fee increase for companies who employ 50+ in the U.S. and more than 50% of the employees are in H-1B or L status
Posted By Ricky Malik

On August 13, 2010, President Obama signed into law Public Law 111-230 which contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions.

The H-1B fee increase applies to companies who employ 50 or more employees in the U.S., and if more than 50% of those employees are in H-1B or L status.

USCIS is updating the forms and should release the new version shortly.

Ricky Malik, Esq.

www.rmlegal.com

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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 ideologies 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 10, 2010
  ICE Boss Morton: Terminate Proceedings if Immigrant can obtain status
Posted By Ricky Malik
The John Morton Memo of August 20, 2010 on terminating removal proceedings for aliens with pending or approved applications or petitions.

A welcome directive from ICE Assistant Secretary John Morton.



Ricky Malik, Esq.
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September 10, 2010
  Virginia DMV stops issuing driver's licenses with Work Permits (Employment Authorization)
Posted By Ricky Malik

In a really bad move, Virginia Governor Bob McDonnel announced that foreign nationals with legal work permits, that is people with legal status in the United States, can no longer obtain a VA driver's license with their work permits alone.  This makes it nearly impossible for countless thousands to obtain driver's licenses.

The VA DMV now wants an I-797 (receipt or approval notice) from USCIS along with the highly secure, technically advanced I-766 employment authorization documents.  If you have ever seen the modern day USCIS work permit, it is the epitome of one the highest security identification documents that is found on the planet.  Arguably, far more advanced than any VA driver's license.   A USCIS work permit has holograms, codes, data strips and is not a forgeable document.  If there was a forgery, a trained DMV officer can instantly check the validity of the work permit so the document in itself should be enough of a valid ID to obtain a Driver's license.   To require a additional piece of paper from USCIS is comical, especially since USCIS does not always issue this I-797.  And what's further, I have had clients go with the I-797 and work permit, and still not get a driver's license because the 797 was "too old."

We are truly in a dark time for immigrants and have been for several years.  

To view the release click here.

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September 09, 2010
  USCIS Memorandum updating uniform denial language pertaining to BIA appeals
Posted By Ricky Malik
Now that USCIS has the uniform denial language, we look forward to the uniform approval language memorandum which hopefully will be forthcoming.


Ricky Malik, Esq.
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September 08, 2010
  BIA limits 245(i) Grandfathering: Matter of Legaspi
Posted By Ricky Malik
"An alien is not independently “grandfathered” for purposes of adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. 1255(i) (2006), simply by virtue of marriage to another alien who is “grandfathered” under section 245(i) as the
result of having been a derivative beneficiary of a visa petition."  Matter of Legapsi 25 I&N Dec. 328 (BIA 2010)

Ricky Malik, Esq.
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September 07, 2010
  Construction Company owner pleads guilty to hiring 3 illegal employees
Posted By Ricky Malik
A small contruction company owner in Idaho admitted to employing 3 undocumented individuals for 17 months.  Millions of undocumented workers seem to find employment in the United States, but those who are prosecuted for breaking the law pay a hefty price.

For full story click here.
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September 06, 2010
  TRAC: Asylum Denial Rate Drops to Twenty-Five Year Low
Posted By Ricky Malik
The Transactional Records Access Clearinghouse found that the Denial Rate by Immigration Judges have dropped to a 25 year low.

A large part for this according to TRAC:  "[T]he total number of asylum requests has been falling, that a higher proportion of asylum seekers are now represented by counsel[.]"
To read the report click here.

Ricky Malik, Esq.
www.rmlegal.com
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September 05, 2010
  ICE "Setting the Record Straight" Claiming Transparency
Posted By Ricky Malik
ICE released a defensive statement in support of its Secure Communities program in response to alleged "false claims" made by several immigration organizations and advocates.  ICE claims transparency and accountability which may be a suprise to many.


Continue reading "ICE "Setting the Record Straight" Claiming Transparency" »

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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.
Continue reading ""I foreclosed on my house" or "I filed for bankruptcy!" Will that affect me from obtaining a Greencard or U.S. Citizenship?" »

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August 29, 2010
  Latest John Morton ICE Memo on Noncitizens with petitions pendings while in Immigration Court
Posted 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 court cases should be terminated if an immediate beneift is available and no other concerning issues are present.



Ricky Malik
Attorney at Law
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August 28, 2010
  BIA on Frivolous Asylum Claims
Posted 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 Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2006), can be made in the absence of a final decision on the merits of the asylum application.

(2) Withdrawal of an alien’s asylum application after the required warnings and safeguards have been provided does not preclude a finding that the application is frivolous.

Ricky Malik
Attorney at Law
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August 27, 2010
  BIA: Petty Offense CIMT does not render one ineglibile for Cancellation of Removal
Posted 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 section 240A(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(C) (2006), if his crime is punishable by imprisonment for a period of less than a year and qualifies for the petty offense exception under section 212(a)(2)(A)(ii)(II) of the Act, 8 U.S.C. § 1182(a)(2)(A)(ii)(II) (2006). Matter of Cortez, 25 I&N Dec. 301 (BIA 2010), followed.

Ricky Malik
Attorney at Law
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August 26, 2010
  BIA: Crime Involving Moral Turpitude and Cancellation to Fremoval for a Non-LPR: Interaction with the Petty Offense Exception
Posted 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 be imposed has been convicted of an offense "described under" section 237(a)(2) of the Act, 8 U.S.C. § 1227(a)(2) (2006), and is therefore ineligible for cancellation of removal under section 240A(b)(1)(C) of the Act, 8 U.S.C. § 1229b(b)(1)(C) (2006), regardless of the alien's eligibility for the petty offense exception under section 212(a)(2)(A)(ii)(II) of the Act, 8 U.S.C. § 1182(a)(2)(A)(ii)(II) (2006). Matter of Almanza, 24 I&N Dec. 771 (BIA 2009), clarified. Matter of Gonzalez-Zoquiapan, 24 I&N Dec. 549 (BIA 2008); Matter of Gonzalez-Silva, 24 I&N Dec. 218 (BIA 2007); and Matter of Garcia-Hernandez,

23 I&N Dec. 590 (BIA 2003), explained.

(2) In determining which offenses are "described under" sections 212(a)(2), 237(a)(2), and 237(a)(3) of the Act for purposes of section 240A(b)(1)(C) of the Act, only language specifically pertaining to the criminal offense, such as the offense itself and the sentence imposed or potentially imposed, should be considered.

(3) The respondent's misdemeanor conviction for welfare fraud in violation of section 10980(c)(2) of the California Welfare and Institutions Code rendered her ineligible for cancellation of removal under section 240A(b)(1)(C) of the Act, because it was for a crime involving moral turpitude for which she could have been sentenced to a year in county jail and was therefore for an offense "described under" section 237(a)(2) of the Act.

Continue reading "BIA: Crime Involving Moral Turpitude and Cancellation to Fremoval for a Non-LPR: Interaction with the Petty Offense Exception" »

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August 25, 2010
  BIA: When do Immigration Court Proceedings Commence? Matter of Casillas-Topete
Posted 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 and Nationality Act, 8 U.S.C. §§ 1154(g) and 1255(e)(2) (1994), an Order to Show Cause and Notice of Hearing (Form I-221) that was issued on or after June 20, 1991, must be filed with the Immigration Court. Matter of Fuentes, 20 I&N Dec. 227 (BIA 1991), superseded.


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August 23, 2010
  Free Legal Advice and Free Legal Guides!!!
Posted 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 questions which will be answered by a professional.

Try it.  Go to our Facebook page and ask a question or start a discussion topic.

Ricky Malik
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August 22, 2010
  Broadgate H-1B Suit challenging Employer/Employee Third Party Placement Memo dismissed
Posted 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" »

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August 21, 2010
  EOIR Immigration Court messes with 800# in the name of security and improvement
Posted By Ricky
Transparency will decrease as the 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 in order to use the oft relied on EOIR 800#.   For any attorney who has practiced regularly in the Immigration Courts, especially like me who have handled a large number of detained cases, determining the date of issuance of the charging document will be quite a challenge.  This new system relies and believes ICE properly serves and issued such documents to its recipients and respondents' attorneys.  I have to admit, I sighed disappointingly when I read about this change.  I guess things must get worse before they get better.
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August 20, 2010
  USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS
Posted By Ricky

USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS

Releases below in English & Spanish

 





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August 18, 2010
  Obama signs emergency Border Bill, and stikes blow to H-1B
Posted 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 and law enforcement.

Section 402 of the bill includes an increase in fees by about $2,250 for L visas and by $2,000 for employees on H-1B visas. This increase applies to companies with 50 or more employees in the U.S. and that have more than 50 percent of their U.S. workforce on H-1B or L visas.

Continue reading "Obama signs emergency Border Bill, and stikes blow to H-1B" »

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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 boilerplate text, similar to the 800# script readers.
Continue reading "USCIS rolling out E-request email inquiry system" »

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August 16, 2010
  Virginia State Bar (VSB) addresses Immigration Fraud
Posted 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 practice of the law (UPL).

The actions taken by such consultants and notaries need to be addressed and I applaud the VSB for taking such steps.  However, I would also add that unfortunately a large number of unscrupulous attorneys also engage in such behavior.  Maybe VSB and others alike should consider posting more information about dealing with Immigration Fraud committed by licensed attorneys.
Continue reading "Virginia State Bar (VSB) addresses Immigration Fraud" »

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August 15, 2010
  U.S. Department of Labor releases FAQ 11 for Permanent Labor Certification (PERM)
Posted 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 process. FAQ below:

Continue reading "U.S. Department of Labor releases FAQ 11 for Permanent Labor Certification (PERM)" »

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August 14, 2010
  U and T visa Memo based on TVPRA 2008
Posted 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.


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August 13, 2010
  Millionaires and Entrepreneurs: New filing location for I-526 (EB-5)
Posted By Ricky
There is a new filing location for the Million Dollar and Regional Center Investment Program (EB-5)


 
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August 12, 2010
  New Filing Location for K-1 Fiance Petition, I-129F
Posted By Ricky
Change of Filing Address for I-129-F, Fiance Petition (K-1)


 
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August 11, 2010
  New Filing Location for I-140 Immigrant Petition for Alien Worker
Posted By Ricky
Change in Filing Location for the Immigrant Petition for Alien Worker, commonly known as an I-140.



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August 11, 2010
  September 2010 Visa Bulletin (Last one for fiscal year 2010)
Posted 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 come a lot of forward movement.

To view the bulletin, click here.
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August 10, 2010
  Send you I-539's to the Dallas Lockbox
Posted By Ricky
New Filing Location for I-539.   The Lockbox of Dallas, Tejas....


 
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August 09, 2010
  Virginia Attorney General Issues Disturbing Opinion claiming VA police can act like Arizona counterparts
Posted By Ricky
The Virginia Attorney General issued the following:

" It is my opinion that Virginia law enforcement officers, including conservation officers, may, like Arizona police officers, inquire into the immigration status of persons stopped or arrested; however, persons tasked with enforcing zoning laws lack the authority to investigate criminal violations of the law, including criminal violations of the immigration laws of the United States."
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August 09, 2010
  New Filing Address for I-817
Posted By Ricky
New Filing Address for I-817


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August 08, 2010
  ICE Online Detainee Locator System
Posted By Ricky
Latest Release about ICE's system to find people detained and held by Immigration and Customs Enforcement (ICE). In English & Spanish













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August 08, 2010
  Update on I-130 Immigrant Petition Filing Location
Posted By Ricky
Update on I-130 Immigrant Petition Filing Location


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July 31, 2010
  Law Offices of Ricky Malik, P.C. now on Twitter! Follow us at rmlegal
Posted By Ricky
Law Offices of Ricky Malik, P.C. now on Twitter!

Follow us:  www.twitter.com/rmlegal

We will tweet you.
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July 29, 2010
  BIA on Admission: Matter of Graciela QUILANTAN, 25 I&N Dec. 285 (BIA 2010). Need only prove procedural regularity
Posted By Ricky
It seems that this decision can have far-reaching consequences.  The concept of admission and being admitted forms one of the cornerstones of adjusting status in the United States to Lawful Permanent Resident (LPR or green card status).  This decision could open the door allowing TPS holders to adjust status based on their "admission" pursuant to INA 244.  Or possibly for a person who is EWI (Entry Without Inspection) to travel on a valid travel document an re-enter the United States and seek adjustment.

The Board stated:  'Under section 245(a) of the Act, an applicant for adjustment of status must have been “inspected and admitted or paroled into the United States.” Section 101(a)(13)(A) of the Act provides that the terms “admission” and “admitted” mean “the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.”' Matter of Graciela QUILANTAN, 25 I&N Dec. 285 (BIA 2010)

Headnote:

"For purposes of establishing eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255(a) (2006), an alien seeking to show that he or she has been “admitted” to the United States pursuant to section 101(a)(13)(A) of the Act, 8 U.S.C. § 1101(a)(13)(A) (2006), need only prove procedural regularity in his or her entry, which does not require the alien to be questioned by immigration authorities or be admitted in a particular status. Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980) reaffirmed."

From the Case:

"We find that, by themselves, the terms “admitted” and “admission,” as defined in section 101(a)(13)(A) of the Act, continue to denote procedural regularity for purposes of adjustment of status, rather than compliance with substantive legal requirements."
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July 28, 2010
  Law Offices of Ricky Malik, P.C. Launches on Facebook!
Posted By Ricky
The Law Offices of Ricky Malik, P.C. has launched on Facebook!

Click here to view page: Facebook


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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 22, 2010
  Virginia Prepares to Open Detention Facility for Immigrants
Posted By Ricky
The State of Virginia, always at the forefront of the Immigration debate, is preparing to open one of the East Coast's largest detention facilities in Farmville, VA. The facility will be used to imprison foreign nationals for immigration violations.  Many of the inhabitants of the facility would have once been free with their families before they encountered U.S. Immigration and Customs Enforcement (ICE).

Detention facilities used by ICE are often far away from major metropolitan areas where the detainees live, and equally far from the foreign nationals' families and attorneys.  It is unfortunate that ICE regularly chooses detention as a means of "enforcement" at the cost of taxpayers when technologies such as GPS ankle bracelets are cheaper and a more humane way for ICE to enforce immigration laws.
   
                    The facility could grow to hold 1,000 prisoners. It will bring 300 jobs to Farmville, Va.      
Picture courtesy of the Washington Post
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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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July 20, 2010
  10,000 U Visas approved for fiscal year 2010. No more U Visas to be issued until October 1, 2010
Posted By Ricky
On July 15, 2010, U.S. Citizenship and Immigration Services (USCIS) announced it has approved 10,000 petitions for U nonimmigrant status (also referred to as the "U visa") in fiscal year 2010.   This is the first time that USCIS reached the statutory maximum of 10,000 U visas per fiscal year since it began issuing U visas in 2008.

USCIS will continue to accept and process new petitions for U nonimmigrant status and will issue a Notice of Conditional Approval to petitioners who are found eligible.

USCIS will resume issuing U visas for fiscal year 2011 on October 1, 2010. Conditionally approved petitioners on the waiting list will receive a U visa in the order in which the petition was initially filed. Petitioners who have received conditional approval must remain admissible and eligible for U nonimmigrant status while on the waiting list.
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July 17, 2010
  Reminder of TPS Deadlines for Hondurans, Nicaraguans, Salvadorans and Haitians
Posted By Ricky
As a reminder to nationals and citizens from countries that were recently requried to register for TPS, the deadlines are as follows


El Salvador:  September 7, 2010

Haiti:  Extended through January 18, 2011

Hondurans: Late Registration Still Open (Regular Registration ended July 6, 2010)

Nicaragua: Late Registration Still Open (Regular Registration ended July 6, 2010)

Below are the latest USCIS releases reminding Hondurans & Nicaraguans, that even if they did not register by July 6, 2010, they may still be eligible for late registration.








 
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July 14, 2010
  TPS Regulations 2010 as published in the Federal Register
Posted By Ricky

TPS Extension published in Federal Register July 2010 -

Ricky Malik, Esq.

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July 14, 2010
  Visa Bulletin for August 2010
Posted By Ricky

Significant movement in some Employment Based categories.

Click here to view full bulletin.

Ricky Malik, Esq.

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June 30, 2010
  Visa Fees at U.S. Consulates and Embassies to Increase effective July 13, 2010
Posted By Ricky
New Fees (click here)
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June 23, 2010
  Immigration Forges Closer Ties to Virginia Law Enformcement
Posted By Ricky

On June 21, 2010 U.S. Immigration & Customs Enforcement announced that it has activated its  "Secure Communities" initiative in all of Virginia.  In its press release ICE stated:

"This biometric information sharing strategy enables ICE to identify any alien booked into local law enforcement's custody for a crime. This capability is part of ICE's comprehensive strategy to improve and modernize the identification and removal of criminal aliens from the United States."

Now anyone who is so much as charged with a crime, even if they are not eventually found guilty by the Commonwealth of Virginia, can be turned over to Immigration. 

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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 14, 2010
  USCIS proposes to increase Immigration Fees
Posted By Ricky

USCIS released a proposed rule to increase Immigration Fees. To view the Federal Register publication, click here.

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May 13, 2010
  New Permanent Residency Cards. And they're going to be GREEN!!!!
Posted By Ricky

U.S. Citizenship and Immigration Services (USCIS) has redesigned the Permanent Resident Card, also knows as a "Green Card" to incorporate several major new security features.

In keeping with the Permanent Resident Card's nickname, it will now be colored green for easy recognition.

Ricky Malik

Attorney at Law

www.rmlegal.com

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May 13, 2010
  Visa Bulletin for June 2010
Posted By Ricky
The U.S. State Department has released the Visa Bulletin for June 2010. New is the oversubscription of Dominican Republic chargeability. To view the latest bulleting click: June 2010 Visa Bulletin.
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