August 15, 2016 |
Perdon Para Mas Personas - La Residencia
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Posted By Ricky Malik |
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Si usted o alguien que usted conoce es indocumentado (o no tiene tarjeta de residencia) y tiene (uno de los siguientes):
- Conyuge ciudadano americano;
- Padre ciudadano americano
- Conyuge residente permanente; o
- 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
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August 11, 2016 |
USCIS Expands Provisional Waiver Process
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Posted By Ricky Malik |
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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
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November 18, 2013 |
Legal Status for Military Family Members
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Posted By Ricky Malik |
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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.
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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?
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Posted By Ricky Malik |
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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.
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November 06, 2013 |
Immigration Options for Same-Sex Couples
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Posted By Ricky Malik |
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In the United States v. Windsor, the Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional. This monumental decision, which was the culmination of years of tireless work by thousands of advocates the world over, opened up the much needed availability of immigration beneifts to same-sex couples. USCIS reacted fairly quickly to open the doors to a segment of the population that had been denied equal access to immigration benefits that so many others had priviledged to have.
This now means gay and lesbian couples can petition for each other in all immigration contexts that were previously reserved for hetro-sexual couples. To name just a few of the types of immigration cases that are now available to both hetro and homo sexual couples:
- Greencard (LPR) through marriage to a US Citizen or Permanent Resident;
- K-1 Fiance Visa;
- K-3 Spouse of a US Citizen Visa;
- Violence Against Women Act (VAWA) self-petitions;
- Cancellation of Removal requiring a qualifying relative;
- Waivers requiring a qualifying relative- 212(h), 212(i);
- Diversity Visa;
- Asylum and Refugee derivative beneficiaries;
- Prosecutorial Discretion for those in Immigraiton Proceedings;
- Provisional Stateside Waiver Process (I-601A) and Overseas Waivers;
- Derivative beneficiaries of non-immigrant visas (F-4, K-2, H-4, E-2, etc.);
- Following to join and accompnaying to join.
There should not longer be any type of immigration benefit not availabe to a same-sex couple.
We at the Law Offices of Ricky Malik, PC proudly represent same-sex couples and applaud the decision. Please contact us for a confidential consultation to discuss your options. We are discrete and fully aware not all couples are open about the circumstances of their relationship and we do everything to respect and honor your wishes.
Ricky Malik, Esq. |
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January 29, 2013 |
Free Provisional Stateside Waiver Evaluation-Online and Confidential!
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Posted By Ricky Malik |
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January 14, 2013 |
Can I apply for a Provisional Waiver if I am in removal (deportation) proceedings?
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Posted By Ricky Malik |
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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 |
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January 12, 2013 |
USCIS: I am an immediate relative of a U.S. Citizen. How do I file for a provisional unlawful presence waiver?
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Posted By Ricky Malik |
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Information from USCIS on the New Provisional Waiver Process:
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January 09, 2013 |
Video: Who Qualifies for the new Provisional Waiver?
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Posted By Ricky Malik |
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Ricky Malik, Esq. |
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January 09, 2013 |
Lawful Permanent Resident (LPR) Card Codes
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Posted By Ricky Malik |
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A lot can be determined by just looking at the category on a Lawful Permanent Resident (LPR) card.
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January 07, 2013 |
I want to apply for Provisional Waiver, but my case is already at NVC?
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Posted By Ricky Malik |
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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 |
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January 04, 2013 |
How do you prove "Extreme Hardship"?
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Posted By Ricky Malik |
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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.
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January 03, 2013 |
New Provisional Waiver Rule Released
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Posted By Ricky Malik |
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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 |
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February 17, 2012 |
How long will my waiver (601) take if I go overseas?
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Posted By Ricky Malik |
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I am oftentimes asked by people who are ineligble to get Lawful Permanent Residency (LPR/greencard) in the United States about going overseas to complete a waiver process, known commonly as an I-601.
The risk and fear is that it will take too long and may get denied. Both are reasonable concerns and many people feel that if they leave it will take years. While this is true in a few cases, generally, if after consulting with my office we decide to proceed with an overseas petition process, the wait times can be as short as a few months or generally in the 6-12 month range. Below are the latest processing times.
As you can see the majority of cases are completed within 6 months, except for El Salvador which takes just less than a year for 100% completion, Honduras which takes over year, and England where the Consulate clearly takes their time.
Ricky 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?
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Posted By Ricky Malik |
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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
- a copy of the file stamped Form EOIR-26 where block 6 indicates that the Form I-485 is at issue in the appeal
- 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,
- 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 09, 2012 |
Federal Register on Proposed Provisional Waiver
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Posted By Ricky Malik |
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Ricky Malik, Esq.
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January 08, 2012 |
USCIS on 601 Waivers
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Posted By Ricky Malik |
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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
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Posted By Ricky Malik |
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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.
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January 06, 2012 |
Major Proposed Change in Immigration: New Process for Waivers to be decided in the United States
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Posted By Ricky Malik |
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There is a major proposed announcement changing the Immigration process for many foreign nationals who are illegal in the United States. At present, many people must travel outside the United States and wait months if not years to seek forgiveness (a waiver) to re-enter the U.S.
Now, the Obama administration is proposing to allow certain relatives of U.S. Citizens to apply for the waiver and wait inside the United States. Then once the immigrant petition (I-130) and waiver (I-601) have been approved, the foreign national can go to simply and expeditiously pick up the visa from their home embassy or consulate.
The proposal was preliminary announced this morning and will become official once published in the Federal Register on Monday, January 9, 2012.
Below is the Advance copy of the USCIS notice that would allow certain immediate relatives of U.S. Citizens to request INA 212(1)(9)(B)(v) unlawful presence waivers, prior to departing the U.S. for consular processing of their immigrant visa application.
Ricky Malik, Esq.
Immigration Attorney |
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November 23, 2011 |
Video Blog: VAWA (Violence Against Women Act)
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Posted By Ricky Malik |
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Ricky Malik, Esq.
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November 16, 2011 |
Renewal of 751Removal of Conditions before the Immigration Judge: New evidence allowed
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Posted By Ricky Malik |
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An Immigraiton Judge should consider new evidence submitted in support of a renewed I-751 with a waiver of the joint filing requirement regardless of whether the evidence was previously considered by DHS. Matter of Herrera Del Orden, 25 I&N Dec. 589 (BIA 2011).
Herrera Del Orden
Ricky Malik, Esq.
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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?
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Posted By Ricky Malik |
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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 (detemined 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 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
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May 14, 2011 |
Attorney General vacates BIA and provides initial signs of relief for same sex couples
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Posted By Ricky Malik |
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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. Full decision below.
Ricky Malik, Esq.
www.facebook.com/rmlegal
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May 13, 2011 |
Big K-1 Fiance Visa case from the Board
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Posted By Ricky Malik |
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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.
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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
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Posted By Ricky Malik |
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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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March 01, 2011 |
USCIS Memo on Deciding Petitions and Applications when Foreign National in Removal Proceedings
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Posted By Ricky Malik |
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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"
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Posted By Ricky Malik |
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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 thieir 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 26, 2011 |
USCIS to Issue Single Employment Authorization and Advance Parole Card for Adjustment of Status Applicants
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Posted By Ricky Malik |
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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 01, 2011 |
TPS Memo clarifies which grounds of inadmissibility do not apply and waivers
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Posted By Ricky Malik |
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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. Memo below:
Ricky Malik, Esq.
Immigration Attorney |
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January 13, 2011 |
Visa Bulletin February 2011
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Posted By Ricky Malik |
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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 |
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January 09, 2011 |
USCIS Q&A in response to AILA
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Posted By Ricky Malik |
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USCIS 16 page response to a variety of stakeholder questions:
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December 01, 2010 |
AAO on Burden of Proof
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Posted By Ricky Malik |
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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
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Posted By Ricky Malik |
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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 04, 2010 |
Immigration uses Facebook and social networking sites to detect immigration fraud
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Posted By Ricky Malik |
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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:
Ricky Malik, Esq.
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October 20, 2010 |
November 2010 Visa Bulletin
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Posted By Ricky Malik |
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The Visa Bulletin for November 2010 has been released.
Click here.
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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?
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Posted By Ricky Malik |
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In this difficult economy, a question I am often asked is if bankruptcy or foreclosing on a home will lead to problems with Immigration. I simply reply "Immediate Deportation. The U.S. will not allow fiscally irresponsible people to remain in the country." Then I smile and say "Just kidding."
No, it won't. In terms of obtaining lawful permanent residency (Greencard), there are only affidavit of support requirement in certain situations. For Naturalization, the inquiry is generally limited to owing any Federal, State or local taxes.
Ricky Malik, Esq. |
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May 18, 2010 |
Removal of Conditions when Separated from U.S. Citizen Spouse
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Posted By Ricky |
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If a non-citizen is married to a U.S. Citizen for less than 2 years at the time of the Immigration (Green Card) interview, the foreign national is granted Conditional Permanent Resident Status (CPR). After two years, the CPR must file a petition to remove the conditions on form I-751 with USCIS.
This application is to be filed jointly, by both husband and wife or the foreign national may reques a waiver of the joint filing requirment if the non-citizen can establish:
1. Removal from the USA woudl result in extreme hardship;
2. The CPR entered the marriage in good faith, but the marriage was terminated (other than through death); OR
3. The CPR entered the marriage in good faith, but the petitioning spoiuse or parent battered the CPR spouse or child.
Their
must be a final divorce
in order to request a waiver.
If not divorced, a removal of conditions application must be filed jointly. To obtain approval, it must be demonstrated that:
1. The CPR and petitioning spouse (unless deceased) jointly file an 1-751 within the 90 days immediately before the two year anniversary of the date the CPR obtained permanent resident status;
2. The CPR and petitioning spouse (unless deceased) appear for an interview; and
3.USCIS determines the following facts are true:
o The marriage was legal where it took place;
o The marriage has not been terminated;
o The marriage was not entered into for the purpose of procuring permanent resident status; and
o No fee (other than to an attorney for filing assistance) was paid for the filing of the underlying 1-130 or 1-129F.
The statute and regulations require approval of the 1-751 petition if the above conditions are met. USCIS may not deny a petition solely because the spouses are separated andlor have initiated divorce or annulment proceedings.
For more information, please contact our office or visit our website at www.rmlegal.com. |
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