A memo circulated entitled Administrative Alternatives to Comprehensive Immigration Reform. It is not yet official and it is unclear how it was leaked but it is indicative of the direction of some within ICE/USCIS. This memo along with the recent John Morton memo brings some hope that ICE and USCIS will consider taking fair and just action. However, there seems to […]
In a really bad move, Virginia Governor Bob McDonnel announced that foreign nationals with legal work permits, that is people with legal status in the United States, can no longer obtain a VA driver’s license with their work permits alone. This makes it nearly impossible for countless thousands to obtain driver’s licenses. The VA DMV now wants an I-797 (receipt […]
The John Morton Memo of August 20, 2010 on terminating removal proceedings for aliens with pending or approved applications or petitions. A welcome directive from ICE Assistant Secretary John Morton. Ricky Malik, Esq.
Now that USCIS has the uniform denial language, we look forward to the uniform approval language memorandum which hopefully will be forthcoming. Ricky Malik, Esq.
“An alien is not independently “grandfathered” for purposes of adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. 1255(i) (2006), simply by virtue of marriage to another alien who is “grandfathered” under section 245(i) as the result of having been a derivative beneficiary of a visa petition.” Matter of Legapsi 25 I&N Dec. 328 (BIA […]
A small contruction company owner in Idaho admitted to employing 3 undocumented individuals for 17 months. Millions of undocumented workers seem to find employment in the United States, but those who are prosecuted for breaking the law pay a hefty price. For full story click here.
ICE released a defensive statement in support of its Secure Communities program in response to alleged “false claims” made by several immigration organizations and advocates. ICE claims transparency and accountability which may be a suprise to many.
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 […]
ICE boss John Morton issues his latest memo on how the cases of foreign nationals in Immigration Court should be treated when the non-citizen has a petition pending before USCIS. He indicates, the court cases should be terminated if an immediate beneift is available and no other concerning issues are present. Ricky Malik Attorney at Law
Matter of X-M-C-, Interim Decision #3693, 25 I&N Dec. 322 (BIA 2010) (1) A determination that an alien has filed a frivolous application for asylum, pursuant to section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2006), can be made in the absence of a final decision on the merits of the asylum application. (2) Withdrawal of […]
