February 21, 2011
Headnote: “In general, an alien’s conviction for a crime involving moral turpitude triggers removability under section 237(a)(2)(A)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(i) (2006), only if the alien committed the crime within 5 years after the date of the admission by virtue of which he or she was then present in the United States. Matter of Shanu, […]
February 07, 2011
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 […]
February 04, 2011
The Fourth Circuit Court of Appeals analyzed whether a VA Code 18.2-251 dismissal qualifies as a conviction for Immigration purposes per INA 101(a)(48)(A) even though it was a deferred adjudication. In Crespo v. Holder, the respondent did not plead guilty, and even though the judge found facts justifying a finding of guilty. The court felt that Congress in writing the Immigration laws […]
February 04, 2011
“This Policy Memorandum (PM) provides guidance regarding the analysis that U.S. Citizenship and Immigration Service (USCIS) officers who adjudicate these petitions should use when evaluating evidence submitted in support of Form I-140, Immigrant Petition for Alien Worker, filed for: Aliens of Extraordinary Ability under section 203(b)(1)(A) of the Immigration and Nationality Act (INA); Outstanding Professors or Researchers under section 203(b)(1)(B) […]
February 03, 2011
Attorney Ricky Malik argued and tried a case of a woman who was seeking asylum based on the severe abuse endured at the hands of her husband. Ricky Malik, Esq. Immigration Attorney
February 02, 2011
USCIS has reached its annual cap for H-1B petitions. The next time employers may petition will be on April 1, 2011 for a start date of October 1, 2011. Contact the Law Offices of Ricky Malik, P.C. to prepare a FY 2012 petition. Ricky Malik, Esq. Immigration Attorney
February 01, 2011
USCIS issued a draft memo, open for comment until February 10, 2001 addressing which grounds of inadmissibility do NOT apply to Temporary Protected Status (TPS applicants). The memo also briefly addresses situations where a TPS applicant may seek adjustment of status (a greencard). Unfortunately, the draft memo seems to limit circumstances where adjustment of status may be sought. Ricky Malik, […]
January 31, 2011
Over 1000 students from India, mostly from Andhra Pradesh, may face removal proceedings as a result of an Immigration and Customs Enforcement (ICE) raid on Tri-Valley University outside of San Francisco, California. ICE, calling the institution “Sham University,” accused it of helping foreign students acquire student status illegally. Full Story, click here. Ricky Malik, Esq. Immigration Attorney
January 24, 2011
USCIS released a memo entitled “Temporary Protected Status Adjudications Involving “No Jail” or “No Incarceration” Certifications, and Reminder for Cases Involving Certain Potential Misdemeanors” USCIS clarified that not all crimes are automatically misdemeanors, especially if offense does not carry any jail or incarceration. This may be positive news for many how are convicted of small offenses. Consult with an experienced […]
January 22, 2011
Immigration & Customs Enforcement that on January 13th, 2011, a national of Mexico died in ICE custody in Texas. Except from ICE press release below: “NEWS RELEASES January 14, 2011 Houston, TX ICE detainee passes away at Memorial Hermann Medical Center HOUSTON – A Mexican national in the custody of U.S. Immigration and Customs Enforcement since Jan. 6 passed away […]
