Category: Immigration

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 […]

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 […]

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 […]

We recently received a Deferred Action for Childhood Arrivals (DACA or commonly referred to as the Dream Act) approval for a case I am particularly proud of. Some background first. We had a client who while detained and without a lawyer, was very unfairly ordered removed (deported) by an Immigration Judge. We appealed his case to the Board of Immigration […]

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 […]

 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) clarified in Matter of Rivens, 25 I&N Dec. 623 (BIA 2011) that to establish that a returning LPR is to be […]

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 […]

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

After almost a year of waiting, the new Provisional Waiver rule was released on January 3, 2013 with an effective date of March 4, 2013. The new rule allows foreign nationals who have been unlawfully present in the United States for more than 180 days to complete the majority of the process and waiting in the United States. Before the […]