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,

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

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 scheudle a consultation or to find out more about this issue.

On November 20, 2014, President Obama addressed the nation on steps he is taking to fix the broken Immigration system in light of Congress' failure to act. The main provsions that have been announed so far and details about who qualifies and when are as follows.

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

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

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

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

Expanded Provisional Waivers for Unlawful Presence

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

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

Ricky Malik, Esq.

Story in Text:

Story in Graphic:

Ricky Malik, Esq.

Legal Immigration Status for Military Family Members

If you are the spouse, parent, or child of an active duty or retired member of the Army, Marines, Navy, Air Force, Selective Reserve of the Ready Reserve, then you can obtain legal status.

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

What type of Legal Status can you obtain?

There are two options that are available:

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

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

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

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.

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

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.

For those of us familiar with Asylum cases, there is much grumbling and moaning when you mention "The Clock." It can ruin a person's ability to support themselves and it is unclear when it gets stopped and started or does not run. The "Asylum Clock" (or KLOK as it is also known) is basically the concept that a foreign national who files for asylum must wait 150 days after filing an asylum application (I-589) before applying for an Employment Authorization Document (EAD). The counter or timer operation is the problem.

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

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

The Settlement agreement is below.

A young client who was recently granted legal status and work authorization under the Deferred Action for Childhood Arrivals (DACA) program asked me if he could travel outside the United States. His life had changed so much in the last few months. For the first time in his life he was legal and could work.

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

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

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

Ricky Malik, Esq.

For more on the Provisional Waiver, click here.

We are fielding questions about whether someone in removal proceedings or who has been ordered removed (deported) can apply under the new Provisional Waiver Process.

The Answer

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

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

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

Ricky Malik, Esq.

dream@rmlegal.com

Information from USCIS on the New Provisional Waiver Process:

The director of Immigration & Customs Enforcment, 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.

Ricky Malik, Esq.

When a permanent resident (LPR or greencard holder) travels overseas and returns, s/he is NOT to be treated as what is known as seeking admission (or an applicant for admission) into the United States.

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

Those exceptions are if the person:

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

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

Ricky Malik, Esq.

Many people are wondering what to do if they want to apply under the new provisional waiver process that was announced on January 3, 2013, but their visa petitions (130's) have been approved and their case is already at the National Visa Center (NVC)?

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

Ricky Malik, Esq.

dream@rmlegal.com

The new provisional waiver process that was published in the Federal Register on January 3, 2013 has brought out a lot of questions about what consitutes "extreme hardship." This is after all the standard that must be proven to USCIS. It is important to understand the hardship is not to the foreign national, but rather to the qualifying relative.

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

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

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

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

Ricky Malik, Esq.

After almost a year of waiting, the new Provisional Waiver rule was relesed on January 3, 2013 with an effective date of March 4, 2013. The new rule allows foreign nationals who have been unlawfully present in the United States for more than 180 days to complete the majority of the process and waiting in the United States. Before the rule, which will take effect on March 4, 2013, spouses, parents and children of US Citizens would often times have to wait months to years outside the United States to ask for a waiver (pardon). Now, the immigrant petition, waiver and national visa center (NVC) processing will all be done while the family can remain together in the United States.

Eligibility to apply:

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

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

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

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

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

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

Ricky Malik, Esq.

Immigration Attorney

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

An area the Law Offices of Ricky Malik, PC has always gained expertise in is the intersection of immigration with criminal convictions. The new Deferred Action for Childhood Arrivals (DACA) program raises issues about what crimes or convictions will prevent someone from applying.

Before reading the below list of disqualifiers, please note that the Deparmtent of Homeland Security (DHS) has stated that "the decision to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history, or its presence, is not necessarily determinative, but is a factor to be considered."

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

You are ineligible if you have been convicted:

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

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

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

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

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

• Attorney: (A) Often times a person is charged with multiple offenses at once ie. possession of a fictitious ID, false ID to a police officer, forgery, uttering, etc. Unless they are from separate moments, they will not count against an applicant. (B) A minor traffic offense, including driving without a license, will not be considered a misdemeanor for purposes of this process. So even if an applicant has 3 or more driving without a license convictions, that person still qualifies.

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

Ricky Malik, Esq.

We are receiving many questions about the "school" requirment for DACA: "Can I enroll in a GED program now?", "What if I completed High School in my country, can I enroll in school now?", "Do I still need to be in school?", "Do I need to go back to school?",

The DACA program is flexible.

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

Types of programs that qualify:

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

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

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

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

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

Ricky Malik, Esq.

USCIS is now accepting applications for Deferred Action for Childhood Entrants (DACA) as of August 15, 2012.

In order to apply, you need to consider and/or submit the following:

• Strongly consider hiring or discussing your eligibility with a qualified immigration attorney;
• Submit a check or money order payable to "U.S. Department of Homeland Security" for $465;
• Two (2) Passport Photos;
• Carefully complete forms G-28 (with attorney submissions*), I-821D, I-765, and I-765WS;
• Educational (or Armed Forces) Requirements:
• School- proof of current enrollment, graduation or completion, OR
• GED (General Educational Development) - proof of certification or current enrollment, OR
• Evidence that you are enrolled in an education, literacy, or career training program (including vocational training) designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement, OR
• Evidence of English as a Second Language (ESL) programs will qualify if the program is intended and designed for your placement in postsecondary education, job training, or employment, OR
• Military information;
• Evidence that you have been in the United States for 5 years:
• School records, cell phone bills, medical records, doctor's bills, school transcripts, rent receipts, utility bills, employment records, bank records, church docs, parental information, taxes, paystubs, W-2's, 1099's, money order receipts, children's birth certificates, passport entries, letters between you and another person or organization, title and vehicle registration, DMV records, rental agreements, postmarked letters, receipts, and any other relevant documentation;
• Were born after 6/15/81- Biographical page of passport OR other ID document such as a translated Birth Certificate;
• Are aged 15 or older right now. If younger than 15, you can still apply if you are now in immigration court or have ever been previously;
• Any proof you entered the U.S. without inspection before 6/15/12 or you were out of status by 6/15/12;
• Any proof you arrived in U.S. before the age of 16 (passports, visa or immigration docs, travel records, school records, hospital, medical, any official records, anything with name and date);
• Any proof you have continuously resided in the U.S. since 6/15/07 up to the present time and were physically present in the United States on 6/15/12;
• Any documentation about any criminal or traffic convictions or citations, if you have any;
• You cannot have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety (For more on criminal disqualifiers, click here).
• If ever in immigration court or apprehended by Immigration, those documents;
• Only had brief departures from the United States since June 15, 2007 or no departures at all.

Ricky Malik, Esq.

Contact me now at dream@rmlegal.com or toll free 877-577-VISA [8472]

*Attorney respresentation requires the use of a Form G-28 Notice of Entry of Appearance which places a double notice requirment on USCIS to send all correspondence to BOTH applicant and attorney doubly ensuring important mail, appointment and approval notices reach you.

This post is not intended as legal advice and you should not rely on it as a basis for you application.

The Department of Homeland announced the procedure for young persons to file for deferred action as announced by the Obama administration on June 15, 2012. Filing will begin on August 15, 2012.

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

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

To qualify, you must submit evidence proving that:

1. You were born after June 15, 1981;

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

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

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

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

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

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

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

9. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

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

Ricky Malik, Esq.

Aired live on June 16, 2012:

Ricky Malik, Esq.

On Monday, June 11, 2012 and the following day, the Washington Post ran a story about one of the Law Offices of Ricky Malik's clients. Today, June 15, 2012, after many years of advocating by thousands, the Obama administration announced that it will offer Deferred Action to those who know only the United States as home, for those who were brought to this country as children and has issued a DREAM act type directive which includes work permits.

There are five criteria to be eligible. The applicant:

1. Came to the United States under the age of sixteen;

2. Has continuously resided in the United States for a least five years preceding June 15, 2012 and is present in the United States as of June 15, 2012;

3. Is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;

4. Has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and

5. Is not above the age of thirty.

Full Memo below. Huge and significant announcement. Way to go Heydi, DREAMers and all the thousands who helped make this happen.

Ricky Malik, Esq.

www.rmlegal.com

One of the law firm's clients was featured on the front page of the Washington Post on June 11 and 12, 2012. Calls of support have been pouring in all day and we want to thank everyone. Story below (click on 'Download' or 'Full Screen' for easier reading):

Ricky Malik, Esq.

www.rmlegal.com

Yes, in certain circumstances per 8 CFR 204.2(a)(1)(iii)(F)(4), 204.2(I)(3) and 204.2(a)(4) for derivative beneficiaries of marriage based petitions.

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

Ricy Malik, Esq.

Yes! According to USCIS-NBC in meeting held in October 2011 with AILA, even if your case has been denied by USCIS, and then subsequently denied by an Immigration Judge, you can still apply and get your work permit while your case is on appeal before the Board of Immigration Appeals (BIA) or later if your case is with the Cirucit Court of Appeals in your area.

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

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

Ricky Malik, Esq.

www.rmlegal.com

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 docment - 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

Temporary Protected Status (TPS) for El Salvador has been renewed.

Applicants must register by March 12, 2012. USCIS notices, including Federal Register below:

Ricky Malik, Esq.

Immigration Attorney

The U Visa Regulations:

Ricky Malik, Esq.

www.rmlegal.com

Ricky Malik, Esq.

www.rmlegal.com

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

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

Below is the release from USCIS:

Ricky Malik, Esq.

www.rmlegal.com

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 prioirty 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 inoming 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):

The Immigration Court released the following:

Further guidance was also released for Immigration Customs Enformcement (ICE) Prosecutors:

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

The Board of Immigration Appeals in Matter of T-Z-, 24 I&N Dec. 163 (BIA 2007) held physical harm is not neccessary. 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.

(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

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

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

Ax1 module231

Ricky Malik, Esq.

www.rmlegal.com

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

Ricky Malik, Esq.

www.rmlegal.com

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

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

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

prosecutorial-discretion-memo -

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

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

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

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

Ricky Malik, Esq.

www.rmlegal.com

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

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



Ricky Malik, Esq.
Law Offices of Ricky Malik

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

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

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

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

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

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.

"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."

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.   Full decision below:



Ricky Malik, Esq.
Law Offices of Ricky Malik, P.C.

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 clarifed that not all crimes are automatically misdemeanors, especially if offesnse 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

"News Releases

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

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

---

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• 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.

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."

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:

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

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




Ricky Malik, Esq.

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.

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, notarios 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.

"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."

Click Here.

Ricky Malik, Esq.
greencard@mail.com

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.

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.

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.

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.

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

Releases below in English & Spanish

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.

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.