Category: Immigration

One of the law firm’s clients was featured on the front page of the Washington Post on June 11 and 12, 2012. Calls of support have been pouring in all day and we want to thank everyone. Story below (click on ‘Download’ or ‘Full Screen’ for easier reading): Ricky Malik, Esq. www.rmlegal.com

Yes, in certain circumstances per 8 CFR 204.2(a)(1)(iii)(F)(4), 204.2(I)(3) and 204.2(a)(4) for derivative beneficiaries of marriage based petitions. Recapture is complicated and it is highly advisable to discuss your matter with a qualified Immigration Attorney before filing a recapture 485 and checking box H “Other Basis” with an explanation. Ricy Malik, Esq.

USCIS Office of Public Engagement: I-601 Notice of Intent U.S. Citizenship and Immigration Services sent this bulletin at 01/06/2012 10:32 AM EST Dear Stakeholders- U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Intent in the Federal Register outlining a proposed change to its current process for the filing and adjudication of waivers of inadmissibility relating to unlawful presence. The proposed process would […]

In the Federal Register on Monday, January 9, 2011 a new proposed provision will be published allowing many undocumented immigrants to process their waivers while inside the United States. For many years, certain immigrants were afraid to leave the United States to process their “greencards” because they feared their waivers (pardons) would be denied thereby barring re-entry into the United […]

There is a major proposed announcement changing the Immigration process for many foreign nationals who are illegal in the United States. At present, many people must travel outside the United States and wait months if not years to seek forgiveness (a waiver) to re-enter the U.S. Now, the Obama administration is proposing to allow certain relatives of U.S. Citizens to […]

Matter of Rivens, 25 I&N Dec. 623 (BIA 2011) (full case below): “(1) In order to establish that a returning lawful permanent resident alien is to be treated as an applicant for admission to the United States, the Department of Homeland Security has the burden of proving by clear and convincing evidence that one of the six exceptions to the […]

The Board of Immigration Appeals in Matter of Cruz De Ortiz issued a decision overturning the long held belief by many that your greencard (LPR) status cannot be taken away once five (5) years passes. The BIA held that INA 246(a) rescission of LPR status is available beyond 5 years for those who obtained Immigrant Visa from Consulate. That is […]

The Board of Immigraton Appeals in Matter of FIGUEROA determined that “When an application for Temporary Protected Status that has been denied by the United States Citizenship and Immigration Services (“USCIS”) is renewed in removal proceedings, the Immigration Judge may consider any material and relevant evidence, regardless of whether the evidence was previously considered in proceedings before the USCIS.” Figueroa […]

An Immigraton Judge should consider new evidence submitted in support of a renewed I-751 with a waiver of the joint filing requirement regardless of whether the evidence was previously considered by DHS. Matter of Herrera Del Orden, 25 I&N Dec. 589 (BIA 2011). Herrera Del Orden Ricky Malik, Esq. www.rmlegal.com

The Eleventh Circuit Court of Appeals dealt a blow to the argument that Temporary Protected Status (TPS) beneficiaries who entered initially without inspection can adjust status pursuant to INA 245(a). See decision below in Serrano vs. Attorney General. Serrano TPS 11th Circ Ricky Malik, Esq. www.rmlegal.com