Brian Chase Malone

I am Brian C. Malone, a forward-thinking and dedicated immigration attorney with a comprehensive background in various immigration law disciplines. I began pursuing a certificate in Immigration and Citizenship Law and Practice in 2014, which I earned in 2017. Since then, I have handled a diverse and unique set of immigration cases. I consistently go above and beyond in family-based cases, appeals, and representation before various court systems, USCIS, ICE, and CBP.

I am committed to building partnerships based on trust, respect, and honesty, truly embodying a 'client-first' approach with a real-time case management portal that fosters transparency and efficient communication. My bilingual proficiency in English and Spanish, along with advanced translation software, ensures that clients from diverse linguistic backgrounds feel understood and comfortable. Every client receives the attention they deserve, and I implement a unique strategy for each case to navigate the immigration process as efficiently as possible.

My practice extends beyond professional boundaries. My zest and enthusiasm for life help me understand the human experience, relate to people, and learn from their challenging and/or inspiring life stories. This genuine interest in others and the nuances of life in each unique country fuels a compassionate approach to my profession. I am committed to immersing myself in understanding the lives of my clients, the conditions of the countries where they have lived, and even the food and cultural history that makes each client unique. This process is crucial for educating the US government in any case. I frequently undertake pro bono work, demonstrating my dedication to the underserved.

Choose me, 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. Can valid H4 Visa be used for reentry after using I485 EAD for Job in US?

June 3, 2024

A: Hello,

1. If your wife travels outside the U.S., she can indeed use her H-4 visa for reentry, given that it is valid until 2026. The H-4 visa stamp in her passport allows her to travel and reenter the U.S. as long as the visa remains valid and her H-4 status is maintained, which is tied to your H-1B status.

Since she started working using the Employment Authorization Document (EAD) from the I-485 Adjustment of Status (AOS) application, it's important to note that using the EAD for employment does not automatically invalidate her H-4 status. However, it's crucial to maintain the underlying H-4 status, especially if she intends to use the H-4 visa for travel purposes.

2. Your H-1B status is not automatically lost if your wife travels outside the U.S. and reenters using her H-4 visa. Your H-1B status is independent of her use of the H-4 visa or EAD for reentry and employment, respectively.

You can maintain your H-1B status as long as you comply with the requirements of the H-1B program, including working for the H-1B sponsoring employer. If you travel outside the U.S., you should be able to reenter using your H-1B visa, assuming it is valid, without needing to use Advance Parole (AP).

The use of AP is typically necessary for those who have traveled without maintaining a valid nonimmigrant status or for those who do not have a valid nonimmigrant visa for reentry.

3. Since your H-1B status is not impacted by your wife's travel and use of her H-4 visa for reentry, you do not need to switch to using the EAD for employment purposes based solely on her actions.

You can continue to work for your H-1B sponsoring employer under your H-1B status. The decision to use the EAD for employment should be based on your specific circumstances, including any strategic considerations related to your long-term immigration plans, and in consultation with an immigration attorney.

Using the EAD linked to the I-485 application can offer flexibility in employment but also requires careful consideration of the impact on nonimmigrant status.

Hope this helps! I'm an immigration attorney based in Atlanta, so feel free to contact me if you have any other questions. Hope you have a nice rest of your week!

Best,

Brian C. Malone, Esq.

Malone Immigration Law, LLC

Office Phone: (404) 369-1189

Email: brian@maloneimmigration.com ... 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