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Posts by category
- Category: Asylum, Withholding, CAT
- A Motion To Rescind a Prior Removal Order Is Not Required If You Are Seeking Asylum Based on Changed Country Conditions
- Getting Work Permits For People With Pending Asylum Cases Should Get Easier Soon
- USCIS Memo on Commencement of Removal Proceedings: Anytime we can put someone in Immigration Court, we will
- Asylum without Physical Harm
- Bad News for those of us who represent or try to reopen cases of kids who enter the United States scared and bewildered. Fourte
- The Office of Immigration Litigation’s “Immigration Litigation Bulletin”
- USCIS Memo: Revocation of VAWA-Based Self-Petitions
- Huge 4th Circuit Victory on Gang based persecution based on family as particular social group
- Fourth Circuit Court of Appeals Issues Published Decision on Social Group Based Asylum for Firm’s Client
- Asylum victory for Attorney Ricky Malik based on Domestic Violence
- AAO on Burden of Proof
- Court of Appeals states Wikipedia is not reliable source
- Attorney Ricky Malik argues before the U.S. Court of Appeals for the Fourth Circuit
- Immigration Court’s Monthly focuses negatively on Gang Asylum cases
- BIA: Asylum applicants need to have one central reason for their fear
- California Attorneys Sentenced to Prison for Asylum Fraud Scheme
- TRAC: Asylum Denial Rate Drops to Twenty-Five Year Low
- BIA on Frivolous Asylum Claims
- Fourth Circuit Refuses to allow Immigration Judge and Board of Immigration Appeals to deny case based on someone else’s facts
- When is an an asylum claim frivolous?
- Category: Crim Imm - Crimigration
- Is Possession of Child Pornography a Removable or Deportable Offense?
- Felony Grand Larceny is not an Aggravated Felony
- Can I apply for a Provisional Waiver if I am in removal (deportation) proceedings?
- New ICE Detainer policy – December 21, 2012
- DHS has the burden to prove LPR’s inadmissiblity
- The ICE Detainer
- Immigration High Court further limits Cancellation of Removal eligibility
- Court further takes away from Immigrants by allowing Immigration Officers to trick them
- Court holds attempted arson to be an Agg Fel even when Federal Law does not agree
- What is a single scheme of criminal conduct for removal (CIMT) purposes?
- Not every returning Green card holder is an “applicant for admission” and Accessory after the face is CIMT only if underlying cr
- “Solicitation” is not an “attempt” or “conspiracy”, but it can still be an Aggravated Felony
- Immigration can take your Greencard (LPR) away after 5 years
- Waivers: The 212(h)
- Video Blog: U Visas
- BIA allows admission of evidence outside of the record of conviction ONLY only where the conviction record itself does not concl
- Washington State reduces maximum possible misdemeanor jail sentence by one day to 364 days. Hoorah!! If only all States would d
- Final Memo released on coordination between Immigration agencies for people who are fighting their case in Immigration Court
- ICE released Tool Kit for Government Prosecutors to Use when they need immigrants
- “Beyond a reasonable doubt” standard applies for a crime to be an Immigration Conviction
- BIA addresses intentional conduct CIMTand adherence to Silva Trevino
- BIA on stop-time remedy of departing and returning to the U.S
- BIA overrules Shanu to clarify concept of “admission”
- Fourth Circuit analyzes an Immigration Conviction
- USCIS Issues Memo Clarifying Misdemeanor for TPS purposes
- Motions to Reopen with the Immigration Court
- U Visa Toolkit to assist law enforcement
- BIA: Placing a child in the way of a threat is deportable offense
- BIA: Bribery of a Public Official is not an Aggravated Felony
- Immigration uses Facebook and social networking sites to detect immigration fraud
- 4th Circuit: False claim to U.S. Citizenship on I-9 is material misrepresentation
- Stipulated Orders of Removal (Deportation)
- Order of Supervision: When ICE releases immigrants from detention
- Arlington, VA opts out of Secure Communities immigration enforcement program!!
- Need a pardon in New York to stop a deportation?
- DC Area man convicted for scamming immigrants, impersonating immigration officer
- Removing that Ankle Bracelet
- Office of Immigration Litigation publishes Immigration Consequences of Criminal Convictions
- BIA: Single Act of Soliciting Prostitution is not removable offense under INA 212(a)(2)(D)(ii)
- BIA:Simulated Controlled Substances are deportable controlled substance violations
- BIA on reason to believe drug trafficking
- Latest John Morton ICE Memo on Noncitizens with petitions pendings while in Immigration Court
- BIA: Petty Offense CIMT does not render one ineglibile for Cancellation of Removal
- BIA: Crime Involving Moral Turpitude and Cancellation to Fremoval for a Non-LPR: Interaction with the Petty Offense Exception
- BIA Backs down from Mandatory Detention: Matter of Garcia Arreola
- Virginia State Bar (VSB) addresses Immigration Fraud
- Virginia Attorney General Issues Disturbing Opinion claiming VA police can act like Arizona counterparts
- BIA on Sentence “actually imposed”: suspended execution of sentence vs imposition of sentence suspended
- Supreme Court addresses Coram Nobis & All Writs Act (Post Conviction Relief)
- Supreme Court: The Landmark Drug Case addressing Aggravated Felonies
- “How do I Locate Someone in Immigration Detention?” – Immigration Brochure
- Immigration’s Stance on Drug Paraphernailia
- Much Anticipated Online Detainee Locator System is finally here
- Virginia Prepares to Open Detention Facility for Immigrants
- U.S. Fourth Circuit Court of Appeals on Virginia Misdemeanor Convicitions for Domestic Violence
- Board of Immigration Appeals finds Virginia Assault and Battery is not a Crime of Violence, nor a Crime of Domestic Violence
- Supreme Court: For conviction to be an aggravated felony crime of violence, there must be the intentional use of violent force
- U.S. Supreme Court Decision in Padilla v. Kentucky: Immigration Consequences of Criminal Plea Bargains are not merely collateral
- Category: DOL, BALCA, DOL ARB
- Administrative Appeals Office on 204(j) Portability (AC 21)
- DOL wants to limit employer’s ability to obtain accurate prevailing wages: “An employer that receives more than one PWD based on
- Defining “Same or similar Occupational classification” for purposes of porting under INA 204(j) and AC 21
- BALCA: Screenshot is sufficient as proof for Labor Certification recruitment
- Dept of Labor posts PERM labor certification FAQ #12
- No Labor Certification for CEO who has 50% ownership in company
- U.S. Department of Labor releases FAQ 11 for Permanent Labor Certification (PERM)
- U.S. Department of Labor’s Administrative Review Board awards H-1B nonimmigrant $304,000 in back wages
- Category: Embassy & Consulate
- Immigration Options for Same-Sex Couples
- Video: Who Qualifies for the new Provisional Waiver?
- I want to apply for Provisional Waiver, but my case is already at NVC?
- How do you prove “Extreme Hardship”?
- New Provisional Waiver Rule Released
- How long will my waiver (601) take if I go overseas?
- USCIS on 601 Waivers
- USCIS Release on New Process for Waivers
- B-1 vs. H-1B/H-3
- The B-1 Business Visitor
- Big K-1 Fiance Visa case from the Board
- USCIS to Issue Single Employment Authorization and Advance Parole Card for Adjustment of Status Applicants
- March 2011 Visa Bulletin Released
- Visa Fees at U.S. Consulates and Embassies to Increase effective July 13, 2010
- Category: Employment, Perm, 485
- How to apply for Deferred Action (DACA)?
- DREAM! Huge Announcement: Deferred Action and Work Permits for Students
- June Visa Bulletin Released
- Waiting for a Priority Date but in Removal Proceedings? Hashmi not
- USCIS Memo on Deciding Petitions and Applications when Foreign National in Removal Proceedings
- Kazarian Memo: Evaluation Standard for certain EB-1 and EB-2 I-140 Immigrant Petitions
- Visa Bulletin February 2011
- December 2010 Visa Bulletin Released
- December 2010 Visa Bulletin Released
- November 2010 Visa Bulletin
- 5th Circuit: An immigrant can legally work but may still not be legal???
- Attorney Ricky Malik has dinner with Visa Bulletin Chief
- BIA limits 245(i) Grandfathering: Matter of Legaspi
- Eligibility for Adjustment of Status (Greencard) under Section 245(i) is not barred due to unauthorized employment
- Visa Bulletin for August 2010
- USCIS Releases Numbers on Pending Employment Based 485’s
- Category: Enforcement
- Obama Takes Executive Action on Immigration
- Travelling outside the United States as a Dreamer (DACA)
- Deferred Action (DACA) Applications and Crimes, Convictions, Arrests and Charges
- Virginia DMV confirms Deferred Action students will be able to obtain Driver’s Licenses!
- How is “currently in school” defined for the Deferred Action Program?
- USCIS will begin to accept Deferred Action (DREAM) applications on August 15, 2012
- Client’s story featured on Washington Post
- Major Proposed Change in Immigration: New Process for Waivers to be decided in the United States
- TPS applicants are not limited by evidence previously submitted, especially when renewing before the Immigration Judge
- Renewal of 751Removal of Conditions before the Immigration Judge: New evidence allowed
- Attorney Ricky Malik and client featured on Front Page of Washington Post
- New Change in Immigration Policy (Prosecutorial Discretion Memos)
- U.S. Department of Homeland Security removes 25 countries from NSEERS program. The end of NSEERS?
- Predator Drones used on Terrorists to be used on Immigrants along Southern Border
- Tri Valley-University’s Indian Students may face deportation
- Attorney Ricky Malik on when someone is detained
- IPC’s “Answers to the Toughest Immigration Questions”
- Poster child for anti-immigration movement, Lou Dobbs hypocritically hired illegal immigrants
- ICE: Counties Cannot Opt Out of Voluntary Immigration Program
- Immigration Officers and Politicians Violate Immigration laws
- Restaurant owners throughout the country are being charged with hiring undocumented immigrants
- Abercrombie & Fitch fined $1 Million by Immigration for violations
- VA Restaurant Owner Arrested for Harboring Illegal Aliens
- Leaked Memo: Administrative Alternatives to Comprehensive Immigration Reform
- Construction Company owner pleads guilty to hiring 3 illegal employees
- Category: Family Immigration
- USCIS Expands Provisional Waiver Process
- Legal Status for Military Family Members
- Can a Same-Sex Couple Apply for a Greencard If The State They Live In Does Not Recognize Same-Sex Marriage?
- Can I Recapture and Retain an Earlier Priority Date?
- Can I apply for a work permit (EAD) even if my case was denied and is on appeal?
- TPS adjustment no go in 11th Circuit
- What’s a Public Charge? Will getting help from the Goverment and food stamps or medicare cause me problems with immigration?
- Attorney General vacates BIA and provides initial signs of relief for same sex couples
- TPS Memo clarifies which grounds of inadmissibility do not apply and waivers
- Law Change: Death of Petitioner will not lead to a denial of your case
- Category: H-1B, L, and E
- Frequently Asked Questions: Round 1 Q&A for H-1B, H-1B1 and E-3
- FY 2011 H-1B cap count reached!
- USCIS to designate more resources to H1-B adjudication to speed up processing
- H-1B Cap Count (for Fiscal Year 2011) as of September 3, 2010
- H-1B fee increase for companies who employ 50+ in the U.S. and more than 50% of the employees are in H-1B or L status
- “I foreclosed on my house” or “I filed for bankruptcy!” Will that affect me from obtaining a Greencard or U.S. Citizenship?
- Broadgate H-1B Suit challenging Employer/Employee Third Party Placement Memo dismissed
- Obama signs emergency Border Bill, and stikes blow to H-1B
- H-1B cap count for Fiscal Year 2011 for October 1, 2011 start date (updated 8/6/10)
- H-1B Cap Count for Fiscal Year 2011 (for employment to commence October 1, 2010) as of 7/9/2010
- Update: H-1B Neufeld Memo and its Aftermath
- H-1B Cap Count for Fiscal Year 2011 (Updated May 2010)
- Category: Immigration
- Perdon Para Mas Personas – La Residencia
- Petition to Designate Temporary Protected Status (TPS) to the Philippines
- 8 Ways To Get a Deferred Action (DACA) Travel Document
- Creative Strategy for DACA (Dream Act) Case
- Important Cases for Continuances in Immigration Court
- Free Immigration Legal Advice Clinic on June 4, 2011 in DC
- Fourth Immigration Detainee Dies in ICE Custody in fiscal year 2011
- Exemptions from the English Language Requirment for U.S. Citizenship
- USCIS launches Citizenship Resource Center
- Diversity Visa 2012 registration opens!
- New Immigration fees starting November 23, 2010
- Visa Bulletin for October 2010
- USCIS rolling out E-request email inquiry system
- 245(i) and Grandfathering
- Will you get fired if your EAD (work permit) expires and you have TPS or DED?
- Federal judge issues injunction blocking key provision of Arizona’s immigration law
- Federal judge issues injunction blocking key provision of Arizona’s immigration law
- USCIS Publishes First-Ever Proposed Fee Waiver Form (USCIS seeks public comment)
- July 2010 Visa Bulletin Released
- Supreme Court holds that Immigraiton Consequences of Criminal Pleas are not merely collateral
- Welcome to our Immigration Blog
- Category: Immigration News
- TPS Work Authorization Automatically extended while application is pending
- Nov 2011 Prosecutorial Discretion Release from ICE and Immigration Courts
- TRAC finds Immigration Courts taking longer to decide cases, mired in backlogs
- Immigration Case addressing the competency of someone who is before an Immigration Judge
- DHS Immigration Prosecutor gets scolded by BIA!
- Immigration Delay in issuing Work Permits
- Attorney Ricky Malik Attends Advanced Litigation (Courtroom) Training
- Stephen Colbert testifies before Congress about Immigrant Farmworkers
- Immigration Courts back off changes to 800 number
- BIA: A CIMT that qualifies for the petty offense exception does not trigger stop-time rule
- Earthquake Relief: Haitian students affected by 2010 Earthquake may apply for Work Permits
- Virginia DMV stops issuing driver’s licenses with Work Permits (Employment Authorization)
- ICE Boss Morton: Terminate Proceedings if Immigrant can obtain status
- USCIS Memorandum updating uniform denial language pertaining to BIA appeals
- ICE “Setting the Record Straight” Claiming Transparency
- BIA: When do Immigration Court Proceedings Commence? Matter of Casillas-Topete
- Free Legal Advice and Free Legal Guides!!!
- EOIR Immigration Court messes with 800# in the name of security and improvement
- USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS
- U and T visa Memo based on TVPRA 2008
- Millionaires and Entrepreneurs: New filing location for I-526 (EB-5)
- New Filing Location for K-1 Fiance Petition, I-129F
- September 2010 Visa Bulletin (Last one for fiscal year 2010)
- New Filing Location for I-140 Immigrant Petition for Alien Worker
- Send you I-539’s to the Dallas Lockbox
- New Filing Address for I-817
- Update on I-130 Immigrant Petition Filing Location
- Law Offices of Ricky Malik, P.C. now on Twitter! Follow us at rmlegal
- BIA on Admission: Matter of Graciela QUILANTAN, 25 I&N Dec. 285 (BIA 2010). Need only prove procedural regularity
- Law Offices of Ricky Malik, P.C. Launches on Facebook!
- 10,000 U Visas approved for fiscal year 2010. No more U Visas to be issued until October 1, 2010
- Reminder of TPS Deadlines for Hondurans, Nicaraguans, Salvadorans and Haitians
- TPS Regulations 2010 as published in the Federal Register
- Immigration Forges Closer Ties to Virginia Law Enformcement
- USCIS proposes to increase Immigration Fees
- Visa Bulletin for June 2010
- New Permanent Residency Cards. And they’re going to be GREEN!!!!
- Category: Marriage based Greencard
- Category: Removal & Deportation
- Fourth Circuit Decision on Evidence, IJ failure
- Board of Immigration Appeals issues TPS decision
- 3rd & 4th Circuit Courts on Temporary Protected Status (TPS)
- 4th Circuit Court of Appeals holds 245(i) does not waive 212(a)(9)(C)(i)(I)’s reentry after unlawfully present for 1 year bar
- Even if you got your Greencard through the fraudulent actions of an Immigration Officer, you are still removable (deportable)
- ICE Memo on Priorities for the Apprehension, Detention, and Removal of Aliens
- BIA: An application for relief not abandoned if all documents are not filed
- BIA on Nuances of Parole: Conditional Parole is Distinct from Parole and Cannot Form Basis for Adjustment of Status
- Supreme Court holds theat subsequent simple possesion offenses are not automatically aggravated felonies
- New Process for Filing Immigration Court Complaints
- More and More Cases Backlog the Immigration Courts
- Category: TPS, NACARA, U Visas, VAWA
- Children up to age 25 can file for VAWA self-petition
- The Expansion of VAWA to include battered or abused parents of U.S. Citizens
- Temporary Protected Status (TPS) renewal notices for Nicaragua and Honduras
- 18-Month Extension of Temporary Protected Status for El Salvador. Automatic 6 Month Extension for Employment Authorization
- Temporary Protected Status (TPS) for Haiti extended through January 18, 2011
- TPS Extended for El Salvador
- Temporary Protected Status (TPS)
- Late Temporary Protected Status (Late TPS)
- TPS Renewed for Honduras
- TPS Renewed for Nicaragua
- Category: U.S. Citizenship
- Category: Uncategorized
- Tips For Successfully Handling Injury Claims
- Understanding Fiancé Visas
- A Family-Based Immigration Overview
- Facing Deportation During A Car Accident
- Gender Based Asylum Claims – Domestic Violence
- Happy Thanksgiving from the Law Offices of Ricky Malik, P.C.
- Attorney Ricky Malik appearing on 1460 AM Hablando Duro!
- Happy Diwali!!
- ICE Online Detainee Locator System
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