The Law Office of Natalia Malyshkina

The Law Office of Natalia Malyshkina At The Law Office of Natalia Malyshkina we provide professional, compassionate, and dedicated service to our clients.

At The Law office of Natalia Malyshkina we provide the most professional and dedicated service to our immigration and business law clients.

As usual, I’m deeply grateful to the San Antonio, Texas USCIS office for their kind, respectful, and professional treatm...
08/22/2026

As usual, I’m deeply grateful to the San Antonio, Texas USCIS office for their kind, respectful, and professional treatment of our exceptional client—and for the quick approval of her employment-based green card! 🥂✨

It was truly amazing to finally meet this stunning client, her loving husband, and their two sons in person after working together virtually for three whole years.

Moments like this remind me why I love what I do! 💙✈️

To top off a fantastic trip, while at the San Antonio airport on my way back to California, I ran into a fellow attorney from Fragomen. It was so delightful to connect and exchange enthusiasm about a proactive approach to immigration law.

Grateful for the connections, and the big wins for our exceptional clients ! 🎉

We want to extend our sincere thanks to San Francisco USCIS for the professional and courteous  handling of our wonderfu...
08/13/2026

We want to extend our sincere thanks to San Francisco USCIS for the professional and courteous handling of our wonderful LGBT clients' cases.

It’s been a lovely week celebrating multiple approvals, including I-751 (Removal of Conditions), I-485 (Adjustment of Status), Naturalization and Asylum cases! We are so proud to stand alongside our community and help secure these life-changing milestones. 🌈✨💼

After working together virtually since 2023, getting to meet our incredible client in person made this week extra specia...
08/13/2026

After working together virtually since 2023, getting to meet our incredible client in person made this week extra special!

Sincere thanks to USCIS for the professional experience throughout the process. Houston, Texas was beautiful, welcoming—and very hot! ☀️🏛️

Yesterday I woke up very early to fly to Seattle for a hearing at the Seattle Immigration Court.It was great finally mee...
07/03/2026

Yesterday I woke up very early to fly to Seattle for a hearing at the Seattle Immigration Court.
It was great finally meeting my client and his wife in person for the first time in the five years we’ve worked together.
I was also impressed by how efficiently the Immigration Judge runs his courtroom.
Happy 250th Independence Day! 🇺🇸

Beautiful article in the Unshackled Ventures newsletter. Worth reading. The Immigrant BetSpaceX lists on the Nasdaq at $...
06/15/2026

Beautiful article in the Unshackled Ventures newsletter. Worth reading.

The Immigrant Bet

SpaceX lists on the Nasdaq at $1.77 trillion, the largest IPO in history. I want to talk about the kid, and the bet on that kid.

Tomorrow morning, SpaceX will list on the Nasdaq under the ticker SPCX. At $135 a share, it will be worth $1.77 trillion, the largest IPO in history.

The headlines will be about the number.

I want to talk about the kid.

At 17, Elon Musk left Pretoria, South Africa, alone. A suitcase and a Canadian passport secured through his mother. No network, no safety net. Nothing to suggest the world was waiting for him.
He worked odd jobs in Saskatchewan, cleaning grain bins and cutting lumber. At 19, he enrolled at Queen’s University. Two years later, he transferred to Penn and entered America the way millions do: on a student visa, with ambition larger than his permission slip.
Look at that timeline again. Every line on it is a bet he placed on himself before anyone else had a reason to.

Has anyone ever asked what was happening in his mind at 17? Why was a teenager willing to leave everything he knew before a single institution had validated him? We obsess over how great careers end. The more interesting question is how they start: with someone deciding, against all available evidence, that he’s worth the risk.
Part of the answer is that he trained himself for it.

As a student in Canada, afraid of what bankruptcy might mean for a future founder, he ran an experiment on himself: a month of living on a dollar a day of food. Hot dogs. Oranges. Bulk pasta. He wanted to know whether total failure could actually destroy him. Once poverty lost its power to blackmail him, maximum risk became affordable.

At Penn, he and a friend rented a cheap ten-bedroom house and turned it into a weekend nightclub. Five-dollar cover, hundreds of students, a month’s rent earned in one night. Elon sober at the door, managing the cash.

Somewhere in those years, he wrote down the three things he believed would most alter human destiny: the internet, sustainable energy, and space.

He has now reshaped all three.

That’s the pattern, and it started young. As a boy, he was afraid of the dark until he reasoned his way out of it: darkness is just the absence of photons. The fear dissolved under examination. IQ (intelligence quotient) needs AQ (adversity quotient). Adversity didn’t blunt his intelligence. It sharpened it. When something was brutally hard, his curiosity went straight toward the hardness. Why is this so hard? Why does this cost so much? Why has nobody fixed it?

The question became the company.

And this is where the familiar story gets something wrong. Elon Musk was not the classic Silicon Valley dropout. That archetype, the Gates or Zuckerberg, so safe in America that he can walk away from Harvard, was never available to him.

Immigrants don’t get to be cavalier with credentials. The degree is often the foothold. The thing the system demands before it lets you stay.

So he did the work. He finished his coursework at Penn in 1995, moved west to build Zip2, and didn’t wait around for the paper. Stanford accepted him into a PhD program in physics. He left after two days.

He didn’t drop out of the American dream.

He completed the requirements, then ran ahead of the paperwork.
He became a U.S. citizen in 2002. That same year, he took nearly everything he’d earned from PayPal, $100 million of it, and bet it on rockets.

Not investing in rockets.

Building them.

In a factory.

In America.

Everyone thought it was insane. Rockets were for nations. The first three Falcon 1 launches failed. By 2008, SpaceX was weeks from collapse.

The fourth launch reached orbit.

The rest is being priced tomorrow.

Celebrate the ones who said yes

Moments like this have a thousand authors, and most of them never trend.

So name the courage.

Start with Greg Kouri.

In November 1995, Elon Musk was illegible. A 24-year-old immigrant. Degrees not yet in hand. Sleeping in an office with his brother, showering at the YMCA. No pattern to match, no warm-intro graph. Nothing about him would’ve made it through a VC screen today.

Kouri read him anyway.

A Lebanese-Canadian real estate businessman, Kouri co-founded Zip2 with the Musk brothers and put in $8,000 of his own money, more than Elon’s $2,000 and Kimbal’s $5,000 combined.

What was he underwriting? Not a résumé or a market map or any kind of proof. He was underwriting the thing you can only see up close: a person who has already left everything once and is visibly willing to do whatever survival requires.

My guess is Kouri saw what that 17-year-old had seen in himself. He measured it. He believed it. And he didn’t need it wrapped in anything familiar.

That’s the most American thing we do at our best: recognize hunger in a stranger and back it with our own money.

Kouri did it twice: Zip2, then PayPal. He died suddenly in 2012, at just 51, with almost no one knowing his name.

I would have loved to ask him: What did you see across that table in 1995? How did you measure it? What made you say yes before the story had been written?
The first check into one of the greatest founders of our era was written by an immigrant, for an immigrant, when the founder was still invisible to almost everyone else.

Then came the others.

Michael Moritz, himself an immigrant, who backed X.com. Luke Nosek, born in Poland, pushed Founders Fund to wire $20 million into SpaceX in 2008, after three failures, when the company was running on fumes. Steve Jurvetson, the son of immigrants, kept underwriting the impossible.

None of them were rewarded for being right eventually.
They were rewarded for being early. For taking a risk on a person when the spreadsheet said no.

That’s the part worth celebrating loudest, because it’s the part that repeats.

The scarce input was never talent

Here’s the uncomfortable fact beneath the celebration: as America spent decades perfecting software and outsourcing atoms, the founder who built scaled manufacturing on American soil, with rockets in Hawthorne and the first new American car company to reach mass production in nearly a century, was an immigrant.
That’s not an irony.

It’s the thesis.

Immigrants don’t come here to optimize. They come here to build. The crossing itself is the filter. You don’t leave everything you know, navigate a visa system designed to exhaust you, and survive years without a safety net just to arrive risk-averse.

The talent was never the scarce input.

The scarce input was someone willing to bet on it early enough.

The earliest corners

My hope for what comes after tomorrow is specific: that discovery keeps moving earlier.

Not just to the founder with the recognizable name, or the repeat founder already legible to capital. To the one still buried inside someone else's story. The third engineer on the org chart. The international student. The name nobody bolded.

Elon was once that person.

I’ve spent the last decade sitting across from founders at exactly that stage: brilliant, unread, sometimes one visa decision away from invisible. The Kouri kind of yes is still the rarest thing in our business.

Once PayPal made him $100 million, the world could read him. Capital followed. But the rare and precious thing happened before that, when Greg Kouri sat across from an unknown immigrant, saw the adversity, and priced conviction instead of proof.

That moment can’t be screened for. It can only be practiced.
The earlier you’re willing to read someone, the more of the impossible you get to be part of.

Increase the surface area

This is the argument we’ve been making for more than a decade: America doesn’t have a talent problem. It has a surface-area problem.

The trillion-dollar outcomes, the rockets, the factories, the reindustrialization of a continent. They happen only when someone takes the risk before consensus forms.

We saw what happened when a handful of people did that for one immigrant from Pretoria.

Tomorrow, the world prices it.

Now, imagine the surface area widened. Thousands of first checks. Thousands of founders arrive with the same baseline of resilience, waiting only for someone to say yes before the world knows how to value them.

More than half of America’s billion-dollar startups already have an immigrant founder.

That happened with the surface area constrained.

The ceiling is nowhere in sight.

Tomorrow

So tomorrow, when SPCX crosses the tape, celebrate the engineering. Celebrate the audacity. Celebrate the rockets, the cars, the satellites, the factories.

But mostly, celebrate this:

A 17-year-old immigrant bet on America.

A few brave people bet on him.

And every one of us is collecting the dividend: riding rockets we didn’t build, driving cars we didn’t imagine, connected by satellites we’ll never see.

That’s not just his win.

It’s the most American story there is.

And the next one is already here, on a student visa, waiting for a yes.

The next high watermark is illegible today.

It belongs to whoever says yes first.

________________________________________
About Unshackled Ventures: Unshackled Ventures is the only venture capital firm built to back immigrant founders from Day 0 — before they have an entity, a network, or an alternative. By solving immigration first, we are the only capital available at that moment, which gives us access others don’t: before consensus, before capital, before competition.
Since 2014, that structural advantage has proven to be a winning investment strategy across 110 investments in the industries that will define the next decade — healthcare AI, supply chain automation, enterprise infrastructure, space, and cancer therapeutics.

05/28/2026

Navigating the New USCIS Adjustment of Status Policy: What It Means for Your Green Card Journey

As an immigration attorney in San Francisco helping professionals, families, and exceptional talent build their lives in the United States, I’ve always emphasized strategic, proactive planning.

The recent USCIS Policy Memorandum PM-602-0199 (issued May 21, 2026) requires fresh attention. Titled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process,” it reframes how officers should exercise discretion in I-485 adjudications.

While the memo doesn’t change the underlying law or regulations, it signals a heightened scrutiny of adjustment applications, urging officers to view Adjustment of Status (AOS) as an “extraordinary” exception rather than a standard pathway.

I see this new policy as overly vague and broad—relying heavily on older BIA cases that don’t fully align with decades of congressional expansions and established practice.

This vagueness risks inconsistent application and potential unenforceability through litigation. I fully expect there will be robust litigation on this matter, which will likely significantly limit or delay the enforcement of this policy.

Here’s my breakdown of how this affects the categories I regularly handle, distinguishing between truly discretionary areas and those with stronger statutory protections.

Employment-Based and Extraordinary Ability Cases (EB-1A, EB-1B, EB-2 NIW, etc.):

For high-skilled professionals, researchers, and entrepreneurs I represent, employment-based adjustments have long been a reliable route. The memo acknowledges dual-intent categories (like H-1B) but stresses that simply maintaining lawful status isn’t enough on its own for a favorable exercise of discretion.

• Impact: Officers will more closely examine why you didn’t pursue consular processing, any history of overstays, unauthorized employment, or perceived “preconceived intent.” Positive factors like specialized skills, economic contributions, employer letters, and national interest (especially for EB-1A/EB-2 NIW) can help offset this. For most if not all of my clients in this category we will show strong economic benefit to the USA which would positively affect the discretion.

• Discretion Level: Full discretion applies under INA 245(a). However, strong evidence of U.S. benefit should tip the scales. For clients in this category, I believe adjustment of status should continue to be approved in the vast majority of well-documented cases.

What we do: For the exceptional talent that we serve at my law office, we’ll build and proactively file a robust “positive equities” brief/memorandum explaining community ties, publications, tax records, explanation of the economic benefit to the USA, and impact statements along with forms I-485.

H-1B, O-1A, and Other Specialty Workers:

Many of my Bay Area clients transition from H-1B or O-1 to green cards while working at tech firms, startups, and research institutions.
The memo recognizes dual-intent categories like H-1B, but warns that maintaining valid status alone is not sufficient. If you stay in the U.S. after your original visa purpose ended, that’s viewed as a negative factor.

• Impact: Pending I-485s with any status maintenance issues may face RFEs asking “Why AOS instead of consular?” Expect more interview questions on ties abroad vs. U.S. integration. We should be filing I-485s while your H-1B or O-1A has lots of time on it to comfortably finish the I-485 process. We will proactively file a brief explaining why discretion is warranted in your specific case.

• Discretion Level: Highly discretionary, but long-term lawful presence and employer needs are strong positives. We will be filing briefs on discretion with each I-485 application. For most, if not all, of my clients in this category, will have strong arguments on positive economic impact on the USA. I believe Adjustment of Status should continue to be approved in the vast majority of these well-documented cases.

What we do: For professionals and the exceptional talent that we serve at my law office, we’ll build and proactively file a robust “positive equities” brief/memorandum explaining community ties, publications, tax records, explanation of the economic benefit to the USA, and impact statements along with forms I-485.

Family-Based Cases: Spouses and Immediate Relatives:

For U.S. citizen spouses and immediate relatives, Adjustment of Status has historically been more straightforward due to strong congressional intent for family unity.

• Impact: The memo applies, but positive factors like deep U.S. family ties and hardship from separation carry significant weight. Preconceived intent remains a potential issue if entry was on a B-2, for example.

• Discretion Level: Still discretionary, however we see that there may be a difference in the treatment of various types of relatives:
Young spouses - we will submit a strong package based on family ties and prospective economic benefit.

What we do: Include evidence of bona fide marriage, integration, and why leaving would disrupt family life. We will submit a strong brief on family ties and economic impact.

Family-Based for Elderly Parents and Preference Categories
Petitions for parents of U.S. citizens or adult children/siblings fall under preference categories with stricter maintenance-of-status rules.

• Impact: Higher risk if there’s any overstay or status violation. Consular processing may be pushed more aggressively.

• For elderly parents – here we will have to rely only on family ties in many cases. However, in Silicon Valley the parents of my talented clients are often highly accomplished professionals, professors, and researchers. We will work with each family to build a strong case.

• Discretion Level: Discretionary, with emphasis on “unusual or outstanding equities” to overcome negatives.

Recommendation: Prepare comprehensive packages documenting long-term ties and humanitarian factors.

Asylum and Refugee-Based Adjustments:

Asylee adjustments and certain humanitarian categories (e.g., under specific statutes) often have more protections.

• Impact: Many are non-discretionary or less affected if adjustment is the primary pathway. However, general discretion principles still apply where not statutorily mandated. USCIS may issue category-specific guidance later.

• Discretion Level: Non-discretionary on most approved asylums, discretionary for pending asylum cases. However, people in the pending asylum cases category (at least in Silicon Valley) will likely be able to show either strong community ties or positive economic impact.

What My Firm Is Doing Right Now

We are currently going through all of our pending AOS cases and proactively filing supplemental briefs demonstrating why a favorable exercise of discretion is warranted for our clients. Some clients already contacted us and their briefs are going out this week. Others we are contacting now.

These briefs highlight strong positive equities—economic contributions (patents, scientific articles, business activities), deep family ties, long-term integration, good moral character, religious affiliations, and national interest factors—to present a compelling case under the totality of the circumstances.

Broader Observations from the Immigration Bar

Immigration attorneys across the country are reacting with a mix of caution and resolve. Many view the memo as a “scare tactic” that overreaches by elevating routine AOS use into something suspect, despite Congress’s clear expansions of adjustment over decades.

Final Thoughts and Next Steps

This memo doesn’t eliminate Adjustment of Status—it raises the evidentiary bar for demonstrating why it’s appropriate in your case.
I remain optimistic: well-documented cases with strong equities, especially those benefiting the U.S. economy, families, or national interests, should continue to succeed.

If you have a pending I-485, are planning to file, or are in H-1B/O-1/EB-1/EB-2 status, let’s review your situation proactively.

Document positive factors now—family ties, community contributions, professional achievements, and economic impact.
Immigration law is complex and ever-changing, but strategic preparation has always been key. Reach out for a consultation, and let’s ensure your path to permanent residence is as smooth as possible.


Natalia Malyshkina, Esq. | Immigration Attorney | Helping talent and families thrive in America | San Francisco Bay Area

05/23/2026

Dear friends and colleagues,
Yesterday, on May 21, 2026, USCIS issued a new Policy Memorandum titled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process.”
This memo strongly emphasizes that adjustment of status is no longer treated as a standard process — it is now framed as a discretionary benefit and “extraordinary relief.” For many individuals who are legally present in the United States, this change could make filing for a green card through Adjustment of Status (Form I-485) significantly more challenging.
As an immigration attorney with over 13 years of experience, I have successfully handled hundreds of cases involving discretionary decisions. I know how to build strong, well-documented arguments that highlight the positive factors in your case and address discretion effectively.
That said, many legal experts (including myself) believe this memorandum is likely to face successful court challenges in the near future, as it appears to go beyond a simple policy reminder.
If you or your loved ones were planning to file for Adjustment of Status, I strongly recommend not waiting. Now is the time to review your case carefully and develop a thoughtful strategy.
I’m here to help. Feel free to book a consultation through my website, and we can discuss your specific situation, evaluate your options, and create a clear path forward.
You don’t have to navigate this uncertainty alone.
Warm regards,
Natalia Malyshkina, Esq.
Immigration Attorney

It was lovely spending time with fellow SFLS Alumni Association attorneys. Grateful for the friendships and professional...
05/22/2026

It was lovely spending time with fellow SFLS Alumni Association attorneys. Grateful for the friendships and professional connections.

Today, we would like to express our heartfelt gratitude to Attorney Faye Lee Bresler of San Francisco for entrusting us ...
05/06/2026

Today, we would like to express our heartfelt gratitude to Attorney Faye Lee Bresler of San Francisco for entrusting us with a truly meaningful gift — the Statue of Justice.

Thank you, Faye, for your continued support, inspiration, and friendship. Your legacy continues to guide and uplift all of us in the legal community.

Address

100 PINE Street
San Francisco, CA
94111

Opening Hours

Monday 10am - 7pm
Tuesday 10am - 7pm
Wednesday 10am - 7pm
Thursday 10am - 7pm
Friday 10am - 7pm

Telephone

+14152400083

Alerts

Be the first to know and let us send you an email when The Law Office of Natalia Malyshkina posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Practice

Send a message to The Law Office of Natalia Malyshkina:

Shortcuts

Share