Category: Family Immigration

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 […]

An Immigraton 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. www.rmlegal.com

The Eleventh Circuit Court of Appeals dealt a blow to the argument that Temporary Protected Status (TPS) beneficiaries who entered initially without inspection can adjust status pursuant to INA 245(a). See decision below in Serrano vs. Attorney General. Serrano TPS 11th Circ 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, […]

Some movement: http://travel.state.gov/visa/bulletin/bulletin_4879.html Ricky Malik, Esq. Law Offices of Ricky Malik, P.C.

The United States Citizenship & Immigration Services (USCIS) released a fact sheet clarifying the issue of what benefits can make one a public charge. Accepting the following can lead to a public charge determination (determined on a case by case basis): Supplemental Security Income (SSI) Cash assistance from the Temporary Assistance for Needy Families (TANF) program State or local cash […]

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

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 Board of Immigration Appeals in a recent decision determined that a child of 14 who probably can’t read, write or speak English is old enough to accept and comply with confusing legal documents issued by very friendly border agents. The BIA held that “Personal service of a Notice to Appear (Form I-862) on a minor who is 14 years of age or older […]

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