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Ricky Malik
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Ricky Malik’s Answers

241 total


  • 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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  • 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

    • Selected as best answer

    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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