Category: Immigration News



The Administrative Appeals Office published a postive case that addressed burden of proof. Hopefully, USCIS adjudicators will use this case as their guide when deciding cases.  In Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010) it was held that: “In most administrative immigration proceedings, the applicant must prove by a preponderance of evidence that he or she is eligible for the […]

The State Department has released the Visa Bulletin for November 2010. Click Here to View. Ricky Malik, Esq. www.rmlegal.com

The Board of Alien Labor Certification Appeals (BALCA) finds that a screenshot from the State Workforce Agency (SWA) is sufficient to demonstrate job posting. Ricky Malik, Esq. www.rmlegal.com

Family All Chargeability Areas Except Those Listed CHINA-mainland born DOMINICAN REPUBLIC INDIA MEXICO PHILIPPINES 1st 15FEB06 15FEB06 01JUN04 15FEB06 01JAN93 01APR97 2A 01AUG10 01AUG10 01AUG10 01AUG10 01MAR10 01AUG10 2B 01JUN05 01JUN05 01JAN02 01JUN05 22JUN92 01MAR00 3rd 01JUN02 01JUN02 01JUN02 01JUN02 22OCT92 01JUL92 4th 01JAN02 01JAN02 01JAN02 01JAN02 22DEC95 01JAN88 Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born […]

In an unpublished decision, the Board of Immigration Appeals scolded the Department of Homeland Security’s Office of the Chief Counsel for its behavior towards an Immigration Judge. The BIA stated ” Our review of the record reveals that the DHS attorney exhibited intemperate, disrespectful, and unprofessional behavior towards the Immigration Judge. Such behavior is unbecoming of DHS counsel.” Ricky Malik, Esq. […]

In a leaked memo entitled “Social Networking Sites and Their Importance to FDNS”, Immigration’s Office of Fraud Detection and National Security (FDNS) stated that: “Narcissistic tendencies in many people fuels a need to have a large group of”friends” link to their pages and many of these people accept cyber-friends that they don’t even know. This provides an excellent vantage point […]

The Immigration Policy Center, an arm of AILA’s American Immigration Counsel issued a insightful and fact based guide providing answers to some of the most common immigration-related questions, including those about worksite enforcement, border security, birthright citizenship, public benefits, crime, integration, the economic impact of immigration, and more. See below: Ricky Malik, Esq. www.rmlegal.com

The U.S. Department of Labor (DOL) published Round 12 of their Frequently Asked Questions (posted below). It was short and appears intended to disallow attorneys or agents to be the point of contact for Employers. It’s odd since anytime a person or party is represented by an attorney in all areas of American jurisprudence, the attorney is the point of […]

On Tuesday, October 26, 2010 Senior Attorney and Litigator Ricky Malik presented arguments on behalf of a client before the Fourth Circuit Court of Appeals sitting in Richmond, Virginia. The case involved a review of a denial of an asylum, witholding and Convention Against Torture (CAT) claim from the Board of Immigration Appeals.  The client had a genuine fear of returning to his […]