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Ricky Malik

Ricky Malik’s Answers

235 total


  • Deferred Action

    I have been studying nursing for the past 3 years, I've been here since the age of 7 and I am 21 now. I am studying to be a pediatric nurse because I love to deal with kids and helping them. I have always wanted to go back to my country to help th...

    Ricky’s Answer

    As my colleagues have stated, after you apply for an assuming you are granted Deferred Action, you will have to determine if you want to apply for a travel document (on form I-131). You should with legal counsel carefully determine if your travel is worth the potential risk. Despite the recent ruling in Matter of Arrabally, foreign travel may have future negative consequences for you.

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  • When i file for the deferred action for childhood arrivals how do i file if i am married?

    I was brought to the US w/o inspection at the age of 4.. now I'm 22 yrs old, a high school graduate, and i am married to a US citizen..

    Ricky’s Answer

    You answer all questions truthfully. I don't believe your marital status will adversely impact your application.

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  • What if I entered before the age of 16, but I didn't start school right away. What other evidences can be usefull in my case?

    I started school at the age of 21 because when I first came I didn't have family in this country and no body offered me or told me about school by then. I worked as a baby sitter taking care of two kids; 2 and 5 years old. I don't know what other ...

    Ricky’s Answer

    • Selected as best answer

    Can you get: cell phone bills, medical records, doctor's bills, school transcripts, rent receipts, utility bills, employment records, bank records, church docs, parental information, taxes, paystubs, W-2's, 1099's, money order receipts, children's birth certificates, passport entries, letters between you and another person or organization, title and vehicle registration, DMV records, rental agreements, postmarked letters, receipts, and any other relevant documentation.

    USCIS has stated even letters between you and another person/organization. Also get affidavits from the parents of the kids you babysat. Dont' give up on this. Think hard.

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  • How long can ICE hold a prisoner, my boyfriend has been in jail since August 13,2012

    He is being charged for no license, leaving the scene of an accident and and failing to yeild. He was apppointed a lawyer on August 20,2012. He has been here for 18 yrs and has never gotten in trouble.

    Ricky’s Answer

    Generally, if he is not issued a bond by the criminal magistrate/judge, he will have to wait until his criminal case is completed. Once he is released from criminal custody, either on bond or the conclusion of his criminal case, ICE has 48 hours to pick him up, assuming he has a detainer. The frist opportunity for his release from ICE will be when they pick him up. If they do not release him on a bond/ankle bracelet/recognizance, then they will likely transfer him to one of the ICE detention centers where he will have to seek a bond redetermination before an Immigration Judge. These are extremely difficult cases. I think you should strongly consider hiring an attorney to increase the odds of his release.

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  • A green card holder with a DIU reduced to reckless driving and one domestic violance charge. Any problems for re-entry to USA ?

    I am a green card holder more than 6 years. I am in US lawfully close to 10 years now. No prior crimal history until 3 months ago. Things turned sour between I and my girlfriend whom I still live together happy with over a year and half now. There...

    Ricky’s Answer

    If the DV conviction was under VA code 18.2--57.2 and it was handled well you should be ok, but then again if you got 2 years probation, etc., that means it was a conviction. It 's too great a risk to travel without a simple one-time consult with an attorney. Get the certified disposition (front and back) and show it to an experienced crim/imm atty (such as some of those who have answered here) to give you the green or red light to travel.

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  • Family-based Green Card and marriage based Green Card at the same time.

    I have a family-based AOS application pending with immigration. I am also dating a US citizen for the past year and we plan on getting married soon. Can I apply for a marriage based Green Card at the same time? If yes, I have the following que...

    Ricky’s Answer

    All you're doing is betting on more than one horse. First one that gets you to the finish line will work just fine. Generally 'no' on working on EAD based on a denied petition.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • If i entered with a visa but now if my statues is "unlawful status" which should i put (c)(33) or (c)(14).

    I came with a visa status of; R, type B1 class B2, and it has expired in 2005. So am i in the category of c33 or c14?

    Ricky’s Answer

    (c)(33) if this you are filing your initial DACA

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  • For form I-765, question 15, 16 I am confused on what to write. I came to America in 2000 and my tourist visa expired in 2005.

    Currently I have nothing, so what should I put in the line?

    Ricky’s Answer

    Question 15 would would likely be overstay. But question 16... if you have no basis to apply, DO NOT apply. Filing out this form does not entitle you to get employment authorization. You must have a legal basis in 8 CFR 274a.12

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  • I am a US citizen. Can I sponsor my neices and nephews whose parents are now deceased?

    I was in the process of sponsoring my sister (who is a widow). She had planned to bring her children (my neices and nephews) with her to the US. I was quite far along in the process and anticipated that they would be here in the next few months....

    Ricky’s Answer

    Unfortunately I think there is not a provision of law that can account for your sister's children. You need to switch gears. As my colleague suggested you may wan to consider adoption if any of the children are under 16 (and then you can adopt the other siblings up to the age of 18). Alternatively yo may wan to look at the F-1 student visa program. I don't think 204(l) helps in your case.

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  • Adjustment of status and unlawfull status and presence

    I entered the US in May, 1999 without inspection at the of 18 years old. I got my TPS in April, 2001. My father filed visa petition F1 priority date 03/01/2006. I went to El Salvador in 2009 with advance parole. My question is will I be able ...

    Ricky’s Answer

    If you were an immediate relative (IR), it could all be done state side. As an F-1, you will need to go through the waiver process.

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