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Ricky Malik

Ricky Malik’s Answers

235 total


  • Am I inadmissible if I hold a green card and qualify for petty offense exception?

    I was convicted in June 2003 for misdemeanor petty theft (PC 484/488). In July 2008 I was approved for Lawful Permanent Residency (Green Card), having disclosed the misdemeanor at the time of application. I have not left the country since 2002 (be...

    Ricky’s Answer

    You will not be deemed inadmissible based on the facts you presented. I would carry a copy of the certified disposition with you just in case you are referred to secondary inspection. Also, if you do undergo secondary inspection be careful how you answer "What really happened?"

    Don't get overly worried and consult with an attorney for greater clarity.

    Ricky Malik Esq.
    www.rmlegal.com

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  • Will unauthorised work affect my case

    i worked unauthorized under my F1 visa, im now applying for asylum, will this affect my case? and do i put the unauthorized work on athe application form or is it a risk leaving it blank

    Ricky’s Answer

    To obtain asylum you must prove you have a well founded fear of being persucuted based on your race, religion, nationality, membership in a particular social group, or political opinion.

    Unauthorized employment does not bar or prevent a grant of asylum, however failing to disclose it when it is clearly required to be disclosed on the application can lead to a finding of misrepresentation/adverse credibility and a denial.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • If i make minnesota care that will delay my citezenship ?

    iam a green card holder and my income of my husband is low and i didnot work so we need a medical insuranse for us and our kids 2 childern so we need to applay for Minnesota care , if we did it that will delay my citizenship cause i will applay fo...

    Ricky’s Answer

    It actually should not cause you trouble since you are a resident. The issue of government aid is more important when it comes to applying for a greencard, that is why they have an affidavit of support requirement. However, if you have to be a U.S. citizen to receive Minnesota care and indicated that you were, then it could be a problem.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • Citizenship after divorce

    i have been married to US citizen for 5 years before getting green card, after green card we were married for one and half years and then divorced, can i still apply for citizenship after 3 years of getting grenn card as we were married for six an...

    Ricky’s Answer

    Yes. You will have to prove that your marriage was in good faith and not to evade immigration laws. Done this recently, just have lots of good proofs of a bona fide marriage. Consider also a letter from your spouse to indicate that the husband was real.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • Am i eligible for a visa k3

    hi, everyone well,i'm french, i went to usa 5 years ago on my visa waiver for vacation and i met my now husband who ask me to stay with him and two years after we get married he filed the immigrant petition for relative for me who has been denied ...

    Ricky’s Answer

    Complicated situation. It sounds like you were out of status for more than 1 year while in the United States which would mean you are subject to a 10 year bar. You can certainly try a K-3 with a nonimmigrant waiver of inadimissibility though I think it is unlikely to prevail.

    I think you will have to file for an immigrant visa (I-130) and proceed with consulate processing and obtain a waiver by demonstrating that your husband and daughter will suffer extreme hardship of not allowed to reenter the US.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • Coundn't renew GC because of illness

    My father had green card for 10 years. He was traveling between US and his country. When he got sick, he never renew his GC and it's been expired for about 3 years now. Is there any way he could renew his GC?

    Ricky’s Answer

    If he is in the U.S., then yes, file an I-90. If he has been outside the United States for more than a year, it will be difficult. Gather the documentation and reports to prove he has been sick for 3 years and then hire a good attorney to file a returning resident application at the U.S. Consulate.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • What can i do if im a permanent resident and i need to file for my wife who has no legal status and is living here in the us?

    i am a permanent resident already for almost 4 years and 6 months and i have been married for 1 year and 7 months and we have a daughter of 1 year old, my wife is been living here in the us for 1 year and 3 months and she has no legal status what...

    Ricky’s Answer

    If she entered legally with a visa and inspection, file for Citizenship in 3 months and then petition for her.

    If she entered illegally (EWI), then meet with a really good attorney and discuss the possibility of filing a visa petition for her, and then her going overseas to her home country to obtain a waiver by demonstrating you and your child would suffer extreme hardship.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • Can a green card holder apply to adjust her spouse status F-1 to immigrant?

    i am a green card holder. can I adjust the status of my spouse(he has come to USA with F-1 visa) to whom i recently got married ?

    Ricky’s Answer

    If you are a green card holder, you will first have to file an immigrant petition for your husband. He will have to maintain his status (F-1) until the priority date becomes current. Once the PD is current, your husband can then file an application for a greencard.

    One thing you and your husband should be cautious about is nonimmigrant intent. As an F-1, your husband is not allowed to have the intention to immigrate and timing can come into play. Consider consulting with an attorney.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • Is liquor violations a crime of moral turpitude?

    Is liquor violations a crime of moral turpitude?

    Ricky’s Answer

    It depends on how big a liquor violation. If you were buying and distributing to a minor and taking them across state lines, possibly. If you were drinking in public or something similarly minor, NOT a crime involving moral turpitude.

    Consider telling us the exact conviction or schedule a consultation with an attorney with the certified disposition.

    Ricky Malik, Esq.
    www.rmlegal.com

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  • How should I renew my I-20 and F1 Visa?

    I was on F1 visa in the US and my parents asked me to marry a man back home. I said no because I was interested in another guy. They stopped paying my tuition fees and said not to come back because they will harm me if I do. I had no way to go bac...

    Ricky’s Answer

    You need to meet with a very good attorney and determine if you can qualify for asylum or witholding of removal. Alternatively, you can wait until your husband becomes a U.S. Citizen and he can petition for you.

    Ricky Malik, Esq.
    www.rmlegal.com

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