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Ricky Malik

Ricky Malik’s Answers

235 total


  • Withdrawing EB-3 immigration petition before I-485 is filed?

    Is it possible to withdraw EB-3 immigration petition after I-140 is approved but before I-485 is filed? If yes, who (beneficiary or the sponsor, or the representative) can file for withdrawal? If the petition is successfully is withdrawn, does it ...

    Ricky’s Answer

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    Yes it is possible to withdraw the I-140 after it is approved and b/f the 485 is filed. The petitioner (sponsor) or the petitioner's attorney (assuming he has not engaged in dual representation) can file for withdrawal. The fact of filing and withdrawal will not disappear, but if the beneficiary has not filed the 485 or does not have some other status, that person will not be in a good spot.

    Ricky Malik, Esq.

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  • Help, please! What is the best way to get information from the consulate about the basis for a NIV revocation?

    A family member has traveled often to the U.S. always on a valid work or tourist visa. All assets/children are in his native country, ZERO criminal history, not an intending immigrant. The family member tried to visit me in the U.S., with 4 yr...

    Ricky’s Answer

    There's no doubt all my colleagues are 100% correct that it is time to hire an atty. That being said, you obviously posted here for some guidance and the first question all of us will ask is: "Why was s/he issued an expedited removal?" So may as well some answers ready. You can try to have your family member do a FOIA with the CBP or if this happened recently, have that family member or the attorney you are going to hire call the CBP at the airport and try to determine why expedited removal was issued.

    Again, you need an attorney, no doubt, but if you want to try a few things, try the above.

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  • Will my Family Petition for adjustment of status be affected if I apply for DACA?

    Greetings, I'm a 27 year old male, being petitioned by my mother to become a permanent resident but my priority date is still years away. I also fulfill all the requirements for DACA so I was wondering if applying for DACA would in any shape or...

    Ricky’s Answer

    DACA will not negatively affect your DACA application. I think it may be a positive as you would be able to apply for a valid social security # and driver's license i(f you don't already have one), and decrease your risk of running afoul of the law. Put it this way: if you get apprehended by an immigration officer right now in VA, you may be detained and placed in removal proceedings. If this unfortunate event were to befall you, while waiting for your PD to become current, you will be forced to apply for DACA, so why gamble?

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  • Should i marry my girlfriend right now or wait?

    i am going to marry my girlfriend in a few months she currently has a green card, but she will get her citizenship after 5-6 months..should i marry her right now or later..in which way will my green card will be processed faster? will i get my gre...

    Ricky’s Answer

    There are questions on the N-400 citizenship application that ask about the spouse. If you are out of status, those questions sometimes may become uncomfortable for your girlfriend at her interview. If she can handle that is probably the question you want to ask. Most people wait getting married in your situation and then marry and one-step.

    Ricky Malik

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  • I paid 500 dollar to an immigration attorney to help me with Deffered action was that a reasonable price?

    I haven't submitted my documents to my attorney yet, and i dont know when my attorney said she will email me and contact me to get ready but was the price she charged me with reasonable? I've been here since i was 3 and hopefully i'll get granted ...

    Ricky’s Answer

    These applications are not that complicated for straight shot cases. While each attorney sets his/her own fees based on experience, time and location, I think $500 is more than a reasonable fee.

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  • Green card renewal and Misdemeanor Unclassified RSMo: 307.400

    My boyfriend got a ticket for a bad tire and it's been catorized as Misdemeanor Unclassified RSMo: 307.400. He is in the middle of renewing his green card and is freaking out that this is going to affect his status, will it?

    Ricky’s Answer

    It does not even sound like a crime/violation that carries a jail sentence. Further, a crime will not enable USCIS to decline issuing an I-90 renewal. If this is his only issue, he will be fine.

    Ricky Malik, Esq.

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  • I Have Question About deportation

    HELLO! My Question is, if judge orders deportation, Can person go home for prepare leaving country, or he/she will be taken at once from the court by iceand hold the person.

    Ricky’s Answer

    In a non-detained court hearing, the person is almost always free to go home and decide whether to appeal the decision or prepare to leave the country. Absent a significant criminal record, I don't think the person will be detained.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • Does my 7 yr old need a re entry permit after 7 months in Brazil?

    I am a conditional green card holder and mother of a 7yr old . My 7 yr old is a conditional green card holder and has been in Brazil for 7 months. Does she need to get a re entry permit after 7 months out of the US?

    Ricky’s Answer

    • Selected as best answer

    No, if it has been under a year, however be prepared for some extra scrutiny at the airport on your return.

    Ricky Malik, Esq.www.rmlegal.com [http://www.rmlegal.com]

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  • Can i be deported for attempted robbery

    Can i get deported for a crime i did when i was 20 im 27 now i got charged with a felony but is this consider aggravated felony? & also i just sent in my green card for renewal will they deport me for something like this i did in the ...

    Ricky’s Answer

    We need a little bit more information, but to answer your question generally: yes you can be deported for a crime that occurred 7 years ago. You are asking the right question in terms of if it is an aggravated felony. To determine that we need to know what specifically were you convicted of (was it attempted robbery?) and what was the exact sentence? If the sentence was 1 yr or more, it may very well be an AF. If not, and they try to remove you based on information obtained from your renewal FPs, it sounds like you have a strong cancellation case.
    Ricky Malik, Esq.www.rmlegal.com [http://www.rmlegal.com]

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  • I got bonded out of a detention centre but the judge took my passport...i have no other form of id what do i do?

    I got bonded out and the judge and prosecutor took my passport as a condition of my release.I am from NY but was held in FL.I need to get back home but i have no way to board a plane or even drive back.My dad started a petition for me by filing my...

    Ricky’s Answer

    Sounds like you were in Krome. You should be able to obtain a copy of your passport. Along with the release docs ICE provided you, it should be enough to get you on a plane or greyhound bus back to NY. I know I have been able to have my clients use transportation with those docs.

    Ricky Malik, Esq.
    www.rmlegal.com

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