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Ricky Malik

Ricky Malik’s Answers

235 total


  • How can you be qualified for an immigration court hearing?

    My brothers are on immigration hold, one has no record what so ever bearly graduated from H.S. The other one has i think two DUIs, right now they been charge for WEAPON OFFENSE/AGGRAV BATTERY. My mom is seeking for an immigration attorney because ...

    Ricky’s Answer

    The charges sound very serious and you probably need to consult immediately with a qualified immigration attorney to review the charges aswell as hire a hire a good criminal attorney to provide the best legal defense available.

    The charges as listed sound almost certainly deportable and so they cannot plead guilty to them and hope to remain in the United States.

    The Immigration Court hearing will depend on the dispositions of the criminal charges.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • Selective service question on N400

    Background: I was on a H1 B visa with a software company. Then I got laid off and I was out of status from 04/2001 to 11/2005. I turned 26 on 11/2001.So I was out of status for a brief period of time. I got my GC in 11/2005. Its been almost 5 year...

    Ricky’s Answer

    • Selected as best answer

    You do not have an obligation to register for selective service while you were in H-1B status, nor when you were out of status. Since you turned 26 on 11/2001, your obligation ended at that time. I would mark no and attach an explaination.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • If I petition my siter and she wants to visit me while waiting for this process,

    Can she visit the US with a tourist visa?

    Ricky’s Answer

    While it is certainly difficult to obtain a tourist visa, especially when an immigrant petition has been filed for that person, if the priority date is far away, I have had success in obtaining tourist visas. Obviously results differ and many factors come into play, but it is possible.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • Is there a new law that if anyone who is green card holder of usa apply for their overseas souse??

    Is there a new law that if anyone who is green card holder of usa apply for their overseas souse and it only takes 5 months to come USA? IS it true?

    Ricky’s Answer

    There is no new law, but the category in which you are asking has sped up significanlty, whereby the Dept of State's visa bulletin is indicating that cases that were filed June 2010 are eligible for a visa (unless you are from Mexico). There is more to it than the way I have explained it, but in essence, if you have a spouse overseas and you are an LPR, file ASAP and with the help of a good lawyer, your spouse may be here in less than 6 months.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • Employment authorization

    can i get employment authorization if i entered the US illegally/w/o inspection/ w/o a visa? I am married to a born us citizen? i filed the i-130 and per dept of state, must go to my homeland to obtain a visa, I am afraid to go to my homeland to...

    Ricky’s Answer

    Unfortunately, unless you filed this petition pre-April 30, 2001, the short answer is no. You will have to go overseas and seek a waiver (pardon) and demonstrate extreme hardship to your immediate family members who are U.S. Citizens or Lawful Permanent Residents, and then you can re-enter as a legal resdient.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • Will there be a problem in my re-entry here in US if i travel with a conditional green card?

    I plan to go home to get my kids which was petitioned by my US Citizen husband.I come here as a tourist for the 2nd time ,when about to go home before my 6 months stay ,i*ve met a man who made me in love and he proposed for marriage.We plan our we...

    Ricky’s Answer

    If you are currently a Conditional LPR, then any unlawful presence was "forgiven". You should not have any problems traveling prior to expiration.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • F1 to h4

    Hi i am f1 student here with upcoming graduation but my university may not give me an i20 extension which expires in three weeks. I am married to an h1b for 2 years now and I was wondering can I shift to h4 and what is the procedure and how long d...

    Ricky’s Answer

    You can change your status to H-4 on form I-539. You can check processing times for your areas on www.uscis.gov. As long as you file it before the expiration of your F-1, you will be granted a change of status and do not have to leave.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • Can I change my lawyer in the middle of Immigration process and get my money back from him?

    Hi, my name is Farukh. I have an asylum case. The individual hearing is already scheduled on January 2011. My lawyer did not include my wife in the application in the begging, so when it was time for her Master hearing for deportation I asked my l...

    Ricky’s Answer

    You have the right to chose counsel so if you locate a new attorney, the transition can be smooth as long as all sides will remain civil.

    In terms of getting money back, that is probably an issue addressed in the contract. so you should review that carefully and civilly talk to your current attorney to try to work it out.

    Ricky Malik, Esq.

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  • Child may be included on I-130 petition with mother ,but how?

    I'm Lpr in Usa ,and i filling I-130 for my wife and kids.

    Ricky’s Answer

    On the second page of the I-130, be sure to list all your family members.

    Ricky Malik, Esq.

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  • I am a legal U.S. resident, i committed a felony (theft) at age 17, can i still become a U.S. citizen? No time served

    I got pulled into this crime at age 17 by peers and i am now applying for naturalization. I have not been in trouble ever since and i am almost done with my bachelors in Criminology. I did not do any time, all i got is 6 months of probation which ...

    Ricky’s Answer

    Juvenile Adjudications do not count as crimes for immigration purposes. Be careful as to what actions (conduct) you disclose about the charges at the interview.

    You may want to consult with an attorney to understand what actions if admitted may lead to a finding of not good moral character for naturalization or worse still, inadmissibility.

    Ricky Malik, Esq.
    www.rmlegal.com

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