The Department of State has released the Visa Bulletin for March 2011. Petitioning for foreign born employees and family members can be a far more complicated process without the assistance of a good attorney. 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 […]
In a refreshing decision, the Fourth Circuit Court of Appeals remanded an MS-13 El Salvador gang case back to the Board of Immigration Appeals after determining that the respondent did fit within a particular social group for his kinship (family) ties to his uncle who testified against the criminal gang MS-13. Both the uncle and the respondent received threats in El […]
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, […]
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 […]
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 […]
“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) […]
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
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
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, […]
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
