Brian Chase Malone

Meet Brian C. Malone, a forward-thinking, dedicated immigration attorney with years of multifaceted experience across immigration law disciplines. Armed with a certificate in Immigration and Citizenship Law and Practice that he began working towards in 2014 and that was earned in 2017, and a diverse and unique set of immigration cases that he has handled ever since, Immigration Lawyer Brian Malone OVER-delivers in family-based cases, appeals, and representation before various court systems, USCIS, ICE, and CBP.

Brian commits to partnerships built on trust, respect, and honesty, truly epitomizing 'client-first' with a real-time case management portal fostering transparency and efficient communication. His bilingual proficiency in English and Spanish, coupled with advanced translation software, ensures clients from diverse linguistic backgrounds feel understood and comfortable. Every client will get the attention they deserve, and we will implement a unique strategy for each and every case so that it will move through the immigration process as efficiently as possible.

But, Immigration Lawyer Brian's practice penetrates beyond the professional. His zest and enthusiasm for life translate into understanding the human experience, relating to other people, and learning from them and their challenging and/or inspiring life experiences. This genuine interest in other people and in the nuances of life in each unique country of the world fuels a compassionate approach to his profession and a commitment to immersing himself in understanding the lives of his clients, the country conditions where they have lived, and even the food and cultural history that makes each client unique and one-of-a-kind. It's important to teach the US government, and this process allows that in any case. Frequently undertakes pro bono work, & his dedication to the underserved is proven.

Choose Brian Chase Malone for an unparalleled immigration law journey; a legal partner beyond measure.

Loyola University New Orleans College of Law

J.D. (2017) | Juris Doctor, Common Law

2014 - 2017

Law School in New Orleans, Louisiana

Honors: Certificate in Immigration and Citizenship Law and Practice

Activities: Student Practitioner with Stuart H. Smith Law Clinic and Center for Social Justice's Immigration Law Clinic from 2016 to 2017. Served asylum seekers at Karnes Family Detention Center in Texas over Spring Break 2015, preparing asylum-seekers for Credible Fear Interviews, Requests for Reconsideration, and Immigration Judge overruling of Negative Credible Fear Findings. Participated in several Know Your Rights Presentations and Immigration-related Legal Clinics in Louisiana and Mississippi.

Tulane University

B.A. (2011) | Sociology; Spanish

2007 - 2011

Work Authorization Always Has a Connection to a Benefit or Application: A Dive into Maria’s Notario Fraud Nightmare

Malone Immigration Law Blog

October 16, 2023

Certificate in Immigration and Citizenship Law and Practice

Loyola University New Orleans College of Law

2017

Certificate in Immigration and Citizenship Law and Practice

Loyola University New Orleans College of Law

2017

Immigration Lawyer Malone specialized in developing a focus on and expertise in Immigration and Citizenship Law and Practice while he pursued his Juris Doctor degree during law school. He also participated as a student practitioner in his school's Immigration Law Clinic, where he represented clients, under clinical supervision, before the New Orleans Immigration Court, USCIS, and Jefferson Parish Juvenile Court (Louisiana).

Certificate in Immigration and Citizenship Law and Practice

Loyola University New Orleans College of Law

2017

Immigration Lawyer Malone specialized in developing a focus on and expertise in Immigration and Citizenship Law and Practice while he pursued his Juris Doctor degree during law school. He also participated as a student practitioner in his school's Immigration Law Clinic, where he represented clients, under clinical supervision, before the New Orleans Immigration Court, USCIS, and Jefferson Parish Juvenile Court (Louisiana).

Atlanta Bar Association

Member

2023 - Current

Louisiana State Bar Association  # 38107

Member

2018 - Current

American Immigration Lawyers Association  # 41628

Member

2017 - Current

Activities: Engaged with Military Assitance Program's Pro Bono Representation for Active Duty and Retired U.S. Military Members; AILA Georgia-Alabama Chapter; AILA Carolinas Chapter

Louisiana

Louisiana State Bar Association

ID Number: 38107

Since 2018

11th Circuit

ID Number: EDF# 125700520

Since 2024

• Free Consultation
  Free consultation through a 20-minute phone call to evaluate your case. Free 20-minute phone call may only be used once. Immigration Lawyer Malone provides additional free offers throughout the year, which can vary. Immigration Lawyer Malone also represents one or more deserving pro bono clients at all times, although most pro bono clients are represented through legal pro bono partnerships shared with various nonprofit organizations around the country.
• Credit Cards Accepted
• Rates, Retainers and Additional Information
  Consultations in person require an $80.00 payment to reserve one hour with Immigration Lawyer Malone so that a thorough strategic plan and evaluation can be developed. Any client who hires Malone Immigration Law to represent their immigration process will have his or her consultation fee payment credited towards the total attorney fee, so in-person consultations for future clients of Malone Immigration Law are ultimately free of charge. Charging an $80.00 fee limits each prospective client meeting to individuals who are ready to move forward on their immigration case with an experienced immigration lawyer. This allows Immigration Lawyer Malone to spend more time on the cases and customer service experience for his current immigration clients.

Q. Should I use the 1040 or the 1040NR?

April 16, 2024

A: Hello Sir,

I'm an immigration lawyer based in Atlanta. As my feedback follows briefly after the final hours of tax day here in the U.S., I want to commend you on being proactive and addressing your tax concern several weeks ago. I also want to provide you with some encoragement regarding an issue that I do not see directly addressed. My hope is that my response will provide you with a clear understanding of your concern within the context of immigration.

ISSUE: Whether it directly affects a pending green card case if one mistakenly files the wrong IRS form (i.e. 1040-NR instead of 1040, or 1040 instead of 1040-NR)?

ANSWER: NO

In my capacity as a U.S. Immigration Attorney, I can answer this based on my professional experience. Your residency status for tax purpose is a different issue from your immigration status under U.S. immigration laws. I cannot speak on any particular IRS consequences of filing the incorrect form, but I can share with you that the IRS will not contact the U.S. Department of Homeland Security to discuss your choice of which form to file. In fact, the IRS is notorious for barely communicating with any other department or agency within the U.S. government, at all. The IRS doesn't care what your immigration status is. The IRS only cares whether you pay your taxes, or not.

With that said, I can tell you that what may actually be relevant to an immigration process in this country is any factual error that one provides in a tax filing, and whether it was an intentional decision.

For immigration purposes, the relevant issue is not necessarily which of these IRS forms should be filed. The relevant issue for a green card adjudicator is whether you provided truthful information in whatever form you submitted. Here is an example of what I mean --

If your pending green card is based on your marriage to a U.S. Citizen, marking your filing status as "single" rather than one of the choices that contemplates your marriage may raise concerns in your immigration application and lead to the adjudicator of your application looking into more inconsistencies. A pattern of inconsistencies and fraud are the primary concerns that could arise from tax filings. Someone's inadvertant error in choice of form-type is not a big deal.

And with that said, I want to wish you the best as you patiently wait for your green card to finish processing. If you were astute enough to observe your IRS form choice as an issue worth exploring in the context of your immigration status, I imagine that you have a very strong eye for detail that will serve you well when the officer assigned to your case makes his or her decision. Good luck and feel free to message me if you need clarification of anything I've explained. Have a great week, Sir.

Warmest Regards,

Brian C. Malone, Esq.

Malone Immigration Law, LLC

Office Phone: 404-369-1180

Email: brian@maloneimmigration.com

Website: https://maloneimmigration.com

Booking a Consultation: https://maloneimmigrationlaw.cliogrow.com/book/

Office Address: 3355 Lenox Rd Ste 750, Atlanta, GA 30326 ... Read More

Q. Hello, Can my F2 dependent spouse show her parents' bank statement for financial proof for her F2 visa interview?

April 15, 2024

A: Good evening,

I hope you are doing well, and what an appropriate question to come across just moments following the close of “tax day” here in the U.S.

I'm glad you reached out with your question about the financial proof necessary for your wife's F-2 visa application. I’m sure that your wife appreciates that you are taking proactive measures to ensure that all documentation that supports her F-2 eligibility. It is good that you recognize the importance of your wife’s need to correctly present the appropriate documentation at the consular interview, and very wise of you to seek clarification on this matter on Justia.

With that said, regarding your question, to give you a response that is applicable to the nuances of your particular circumstances, I have some questions for you. Please feel free to respond to these in a private message to me if you’d prefer, and I’m happy to discuss this here on the Q&A forum or privately.

First, may you tell me a bit more about how you demonstrated sufficient financial support for YOURSELF when you applied for your F-1 visa? Is your tuition fully or partially covered by a scholarship or tuition assistance of any kind?

Further, it would be helpful to know whether there were specific documents or statements used, such as bank statements or affidavits of support, and who provided these documents for YOU. How old are you and what level of academia are your studies in?

With respect to your wife’s F-2 eligibility, has anything been specified regarding her ability to access enough financial resources to fund herself during the duration of her F-2 status?

Are you suggesting the bank statement of her parents because her parents will serve as her sole financial resource while she is in the United States? Are you funding her time here in any capacity? Is she, herself, funding her time here in any capacity? Honestly, if you want to message me privately and provide more extensive substance to give me a clear idea of what has been done in the case and what the overall status of financial resources looks like, I can give you much more precise feedback.

On this forum, I’m happy to give you feedback, but just as a disclaimer: as all cases vary, you understand that I’m responding to your inquiry with the limited information available in what you wrote above. You understand that I am unable to provide tailored feedback that contemplates the surrounding factual circumstances.

RESPONSE: As a general principle to follow, I’d encourage you and your wife to consider showing any financial means or access to finances from as many angles as possible. Unless there is a lump sum of money in the bank account that your wife has immediate access to, you should take the approach of showing all income sources and then enough evidence from each source to demonstrate that income as being consistent and reliably available. If the bank account you mentioned has one large amount of money that is dedicated to your wife’s use, and her parents will not withdraw from the account while she is in the U.S., think about adding personal sworn statements, directly from her parents as owners of the account, that describe the availability of funds for their daughter to access while she is in the U.S. on F-2 status and the measures they will take to ensure that the entire amount of money needed by your wife will continue to be available during that time. If the full amount of funding for your wife is in that bank account, but the bank account is actively drawn from by her parents or her parents debit purchases from that account, the consistency of funds available in the account should be addressed. Consider including multiple statements over a period of time that illustrate the consistency of funds available, and also any patterns of spending from the account.

Thank you in advance for providing your responses. I hope you found this helpful and relevant to your inquiry. Best of luck to you and your wife. ... Read More

Q. Hi lawyers, working 3/4 full time jobs at same time has any impact on n400. Any client experience/advice?

January 28, 2024

A: Hello,

Wow! This won’t have any impact on your n-400, although it could potentially serve as positive attributes in support of your “Good Moral Character” (GMC) if there are any negative GMC issues (usually criminal convictions) that are present in your application. And it will be evidence of your positive GMC certainly that you’re paid up on taxes, and the fact that you work that much is more than enough evidence to support your continuous physical presence in the U.S. because there’s no possible way you could be working that much and manage to live outside the country or have any chance of being physically outside the country for more than 50% of the last 3/5 years, depending on your basis for applying to naturalize as a US Citizen. Depending on your particular circumstances it could serve as positive evidence of rehabilitation, hypothetically, if there was a specific reason why you are working that much that relates to any negative attribute present within the facts of your present eligibility to naturalize.

I’m very impressed by your hard work, and I hope you will have a chance to enjoy some personal and/or family time soon. This part of course is speaking from my personal capacity, and is not legal advice. You are a dedicated and driven individual to be able to work so much, and I admire that. With that said, make sure you are taking breaks and letting yourself have the rest and mental health days that you need to continue thriving.

I wish you the best in your final stage of your personal immigration law process (as an application, at least!). And I wish you happiness and blessings as your journey of life continues on afterwards. God speed. Feel free to email me if you what some quick general advice. I’m highly experienced and knowledgeable within the realm of the N-400.

Warm Regards,

Brian C. Malone, Esq. ... Read More