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The Law Offices of Ricky Malik, P.C.

Category: TPS, NACARA, U Visas, VAWA

August 30, 2011

New Change in Immigration Policy (Prosecutorial Discretion Memos)

The Immigration world has been abuzz in recent weeks following releases from the White House and DHS. There has been a lot of “stuff” put out there and we want to help you get to the truth, using facts. To do so we need to understand the lead up. On June 17, 2011, two memos were released by ICE chief, […]

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February 28, 2011

The Office of Immigration Litigation’s “Immigration Litigation Bulletin”

It sounds like a mouthful.  One of the divisions of the U.S. Government that represents the U.S. Department of Homeland Security before the Federal Courts (mainly the various Courts of Appeal) is the Office of Immigration Litigation (OIL).  Periodically, OIL publishes their Immigration Litigation Bulletin which was previously unavailable to the public until the Freedom of Information Act (FOIA) was […]

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February 27, 2011

USCIS Memo: Revocation of VAWA-Based Self-Petitions

United States Citizenship & Immigration Services (USCIS) published a memo earlier this year indicating detailing when a Violence Against Women Act (VAWA) self petition can be revoked:  “If an officer in the field receives new information that was not available to the VSC at the time of the approval of a VAWA self-petition, and that new information leads the officer […]

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February 01, 2011

TPS Memo clarifies which grounds of inadmissibility do not apply and waivers

USCIS issued a draft memo, open for comment until February 10, 2001 addressing which grounds of inadmissibility do NOT apply to Temporary Protected Status (TPS applicants).   The memo also briefly addresses situations where a TPS applicant may seek adjustment of status (a greencard).  Unfortunately, the draft memo seems to limit circumstances where adjustment of status may be sought. Ricky Malik, […]

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January 24, 2011

USCIS Issues Memo Clarifying Misdemeanor for TPS purposes

USCIS released a memo entitled “Temporary Protected Status Adjudications Involving “No Jail” or “No Incarceration” Certifications, and Reminder for Cases Involving Certain Potential Misdemeanors” USCIS clarified that not all crimes are automatically misdemeanors, especially if offense does not carry any jail or incarceration.  This may be positive news for many how are convicted of small offenses. Consult with an experienced […]

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January 10, 2011

Board of Immigration Appeals issues TPS decision

The Board of Immigration Appeals held in Matter of Sosa Ventura, 25 I&N Dec. 391 (BIA 2010) that: A grant of Temporary Protected Status (“TPS”) waives certain grounds of inadmissibility or deportability solely for the limited purpose of permitting an alien to remain and work temporarily in the United States for the period of time that TPS is effective. It […]

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December 01, 2010

AAO on Burden of Proof

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 […]

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October 15, 2010

4th Circuit: False claim to U.S. Citizenship on I-9 is material misrepresentation

The Fourth Circuit, in an appeal of a criminal case, upheld a conviction for false claim of citizenship on an I-9 Form.  An I-9 is the form anyone seeking employment in the United States, and their employers, must complete in order to work.  In this case a former TPS holder’s misrepresentation as a U.S. Citizen on the I-9 was deemed […]

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Focused on Clear Solutions Our firm is committed to simplifying your immigration process

Mr. Malik has always been a tireless advocate for the rights of immigrants in the United States, and has aggressively and relentlessly advocated on behalf of countless businesses and individuals.

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