February 17, 2012
I am oftentimes asked by people who are ineligible to get Lawful Permanent Residency (LPR/greencard) in the United States about going overseas to complete a waiver process, known commonly as an I-601. The risk and fear is that it will take too long and may get denied. Both are reasonable concerns and many people feel that if they leave it […]
February 15, 2012
Yes! According to USCIS-NBC in meeting held in October 2011 with AILA, even if your case has been denied by USCIS, and then subsequently denied by an Immigration Judge, you can still apply and get your work permit while your case is on appeal before the Board of Immigration Appeals (BIA) or later if your case is with the Cirucit […]
January 08, 2012
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 […]
January 07, 2012
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 […]
January 06, 2012
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 […]
November 23, 2011
Ricky Malik, Esq. www.rmlegal.com
November 16, 2011
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
May 16, 2011
The United States Citizenship & Immigration Services (USCIS) released a fact sheet clarifying the issue of what benefits can make one a public charge. Accepting the following can lead to a public charge determination (determined on a case by case basis): Supplemental Security Income (SSI) Cash assistance from the Temporary Assistance for Needy Families (TANF) program State or local cash […]
May 14, 2011
In a single page decision, the Attorney General of the United States in Matter of Dorman, 25 I&N Dec. 485 (A.G. 2011) remands a case for the Board to consider his questions, amongst which, “whether, absent the requirements of DOMA, respondent’s same-sex partnership or civil union would qualify him to be considered a “spouse” under the Immigration and Nationality Act. Ricky […]
May 13, 2011
This case tries to close the door on K-1 entrants adjusting through subsequent marriages to US Citizens. Nonetheless the case does help clarify one issue that we have run into before, namely that “A fiancé(e) visa holder may be granted adjustment of status … even if the marriage to the fiancé(e) visa petitioner does not exist at the time that […]
