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Ricky Malik
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Ricky Malik’s Answers

241 total


  • How long does it take to get a rescheduled interview date

    I had requested for a reschedule of interview for employment based GC in Washington DC field office in December 2015. .

    Ricky’s Answer

    Everyone's experience will vary, but I've got reschedules at the Prosperity office within 3 months or less, but at times its taken longer. A December 15 reschedule sounds like a long time ago, make in infopass appointment and inquire in person. If you have an attorney, have him/her go through the liaison.

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  • What does the Follow-UP interview means? is this appointment for their visa since they asked for passports and photos?

    my family had their interview almost one year ago and now they have a "follow-up interview" at may. They are asked to have their passports and updated photos with them. I am wondering if they are getting their visa this time or no? they have done ...

    Ricky’s Answer

    My experience feels that it may be a good sign that they are asking for passports and updated pictures. These are two things that are required to issue the visa. Hopefully it is for that. If not, then they should ask for an explanation, preferably in writing, and then consider meeting with an attorney if there continues to be delay and confusion to determine if you need legal help.

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  • I own 2 gas stations and can I sponsor a Italian citizen.

    I own 2 gas stations and can I sponsor a Italian citizen.

    Ricky’s Answer

    I will guess that you want to petition and employee who is an Italian Citizen. In a nutshell, there is a complex employment based process that you will have to undergo to "sponsor" him. A lot will depend on the position, and in addition your company will have to show financial solvency. The first step is with the Dept. of Labor (DOL), a step which you will have to pay for as the employer. For this step you will have to conduct a recruitment campaign and once completed, the DOL will determine if there are any willing, able, qualified US workers to fill the position. If not, you move on to the next step with USCIS to show amongst other things that the person qualifies and if you have ability to pay. The last step, which can sometimes be filed at the same time as the second, is for the person to obtain the green card. There are a lot of factors, and I would highly recommend a qualified attorney. I'm giving very general information.

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  • Will I be able to travel freely while applying for a marriage visa and what happens if I leave my present job where my visa is.

    I am a Canadian citizen working in the U.S. on an L1 work visa - I recently married a U.S. citizen and wanted to know about applying for a marriage visa. My L1 allows me to travel freely between the U.S. and Canada, will I have the same freedom to...

    Ricky’s Answer

    As part of the adjustment of status process, you can apply for a travel document (no additional filing fee). Once you have that document, you can travel while it is valid. Processing times vary to get the document but should take about 2-3 months (check USICS.gov for more exact times based on your location). Once you re-enter using that document, you will no longer be in L1 status. I'm assuming there is not a criminal record with my above answer.

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  • How is that going to affect my permanency in the country if my residence expires in 2018? Does having a joint sponsor would help

    I live in Vermont and I've been married to an US citizen for almost 3 years now and got my 2 year residency in January 2016 and I have a joint sponsor because my husband's income was not high enough. I recently found he's been cheating on me with...

    Ricky’s Answer

    You are able to file a self-petition to remove conditions (that means without your husband) if you can prove your marriage was entered into in good faith, or you were subject to abuse or cruelty or you would suffer extreme hardship if you were to be removed from the United States.

    Given you were the victim of what sounds like multiple instances of adultery, I think you will have a viable case on possibly more than one of the grounds. I would suggest meeting an immigration attorney before you take any steps, such as moving out, so you are clear of your options and steps you should take.

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  • Can I get a passport with a pending assult case

    I'm on an assult charge and want to go to Mexico for a family event and need to know if I can get a passport to go

    Ricky’s Answer

    If you are seeking a Mexican passport because you a citizen of Mexico, then that will be a decision of the Mexican Embassy to issue you a new one. They should issue you a passport even if you have a pending or finalized simple assault.
    If you are a U.S. Citizen, the U.S. State Department should also you a US Passport even if you have a misdemeanor assault charge.

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  • Deferred Action

    I have been studying nursing for the past 3 years, I've been here since the age of 7 and I am 21 now. I am studying to be a pediatric nurse because I love to deal with kids and helping them. I have always wanted to go back to my country to help th...

    Ricky’s Answer

    As my colleagues have stated, after you apply for an assuming you are granted Deferred Action, you will have to determine if you want to apply for a travel document (on form I-131). You should with legal counsel carefully determine if your travel is worth the potential risk. Despite the recent ruling in Matter of Arrabally, foreign travel may have future negative consequences for you.

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  • When i file for the deferred action for childhood arrivals how do i file if i am married?

    I was brought to the US w/o inspection at the age of 4.. now I'm 22 yrs old, a high school graduate, and i am married to a US citizen..

    Ricky’s Answer

    You answer all questions truthfully. I don't believe your marital status will adversely impact your application.

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  • What if I entered before the age of 16, but I didn't start school right away. What other evidences can be usefull in my case?

    I started school at the age of 21 because when I first came I didn't have family in this country and no body offered me or told me about school by then. I worked as a baby sitter taking care of two kids; 2 and 5 years old. I don't know what other ...

    Ricky’s Answer

    • Selected as best answer

    Can you get: cell phone bills, medical records, doctor's bills, school transcripts, rent receipts, utility bills, employment records, bank records, church docs, parental information, taxes, paystubs, W-2's, 1099's, money order receipts, children's birth certificates, passport entries, letters between you and another person or organization, title and vehicle registration, DMV records, rental agreements, postmarked letters, receipts, and any other relevant documentation.

    USCIS has stated even letters between you and another person/organization. Also get affidavits from the parents of the kids you babysat. Dont' give up on this. Think hard.

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  • How long can ICE hold a prisoner, my boyfriend has been in jail since August 13,2012

    He is being charged for no license, leaving the scene of an accident and and failing to yeild. He was apppointed a lawyer on August 20,2012. He has been here for 18 yrs and has never gotten in trouble.

    Ricky’s Answer

    Generally, if he is not issued a bond by the criminal magistrate/judge, he will have to wait until his criminal case is completed. Once he is released from criminal custody, either on bond or the conclusion of his criminal case, ICE has 48 hours to pick him up, assuming he has a detainer. The frist opportunity for his release from ICE will be when they pick him up. If they do not release him on a bond/ankle bracelet/recognizance, then they will likely transfer him to one of the ICE detention centers where he will have to seek a bond redetermination before an Immigration Judge. These are extremely difficult cases. I think you should strongly consider hiring an attorney to increase the odds of his release.

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