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Ricky Malik
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Ricky Malik’s Answers

241 total


  • 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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  • 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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