Video: Who Qualifies for the new Provisional Waiver?
Ricky Malik, Esq.
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DHS has the burden to prove LPR’s inadmissiblity
When a permanent resident (LPR or greencard holder) travels overseas and returns, s/he is NOT to be treated as what is known as seeking admission (or an applicant for admission) into the United States. The Board of Immigration Appeals (BIA) clarified in Matter of Rivens, 25 I&N Dec. 623 (BIA 2011) that to establish that a returning LPR is to be […]
I want to apply for Provisional Waiver, but my case is already at NVC?
Many people are wondering what to do if they want to apply under the new provisional waiver process that was announced on January 3, 2013, but their visa petitions (130’s) have been approved and their case is already at the National Visa Center (NVC)? If you do not already have a consulate interview notice (dated before January 3, 2013), then […]
How do you prove “Extreme Hardship”?
The new provisional waiver process that was published in the Federal Register on January 3, 2013 has brought out a lot of questions about what constitutes “extreme hardship.” This is after all the standard that must be proven to USCIS. It is important to understand the hardship is not to the foreign national, but rather to the qualifying relative. While […]
New Provisional Waiver Rule Released
After almost a year of waiting, the new Provisional Waiver rule was released on January 3, 2013 with an effective date of March 4, 2013. The new rule allows foreign nationals who have been unlawfully present in the United States for more than 180 days to complete the majority of the process and waiting in the United States. Before the […]
Deferred Action (DACA) Applications and Crimes, Convictions, Arrests and Charges
An area the Law Offices of Ricky Malik, PC has always gained expertise in is the intersection of immigration with criminal convictions. The new Deferred Action for Childhood Arrivals (DACA) program raises issues about what crimes or convictions will prevent someone from applying. Before reading the below list of disqualifiers, please note that the Department of Homeland Security (DHS) has […]
Virginia DMV confirms Deferred Action students will be able to obtain Driver’s Licenses!
Good news! A common question we are asked by Deferred Action (DACA) applicants is whether they can get driver’s licenses. In Virginia, the answer is “yes.” “The Virginia Department of Motor Vehicles (DMV) has confirmed in writing that young people granted “deferred action” by Immigration Customs Enforcement at the Department of Homeland Security will be eligible for Virginia driver’s licenses […]
How is “currently in school” defined for the Deferred Action Program?
We are receiving many questions about the “school” requirement for DACA: “Can I enroll in a GED program now?”, “What if I completed High School in my country, can I enroll in school now?”, “Do I still need to be in school?”, “Do I need to go back to school?”, The DACA program is flexible. To meet the “currently in […]
How to apply for Deferred Action (DACA)?
USCIS is now accepting applications for Deferred Action for Childhood Entrants (DACA) as of August 15, 2012. In order to apply, you need to consider and/or submit the following: Strongly consider hiring or discussing your eligibility with a qualified immigration attorney; Submit a check or money order payable to “U.S. Department of Homeland Security” for $465; Two (2) Passport Photos; […]
USCIS will begin to accept Deferred Action (DREAM) applications on August 15, 2012
The Department of Homeland announced the procedure for young persons to file for deferred action as announced by the Obama administration on June 15, 2012. Filing will begin on August 15, 2012. Young persons who are in removal (deportation) proceedings, as well as those who already have deportation (removal) orders, and those who have never been in removal proceedings will […]
