Helpful Articles

Herman Legal Group’s Richard Herman is a vocal advocate for immigrant rights, always staying on top of the latest immigration reforms and practices. Below are some articles written by Richard Herman that may help you gain a new perspective on the issues that today’s immigrants face.

How the USCIS Identifies Frivolous Asylum Claims

By |July 16th, 2019|Categories: Articles, Blogs|Tags: , , |

Claiming asylum has never been the most popular means of entering or remaining in the US. Nevertheless, about 100,000 people apply for asylum in the US every year, representing an increase of at least 1,700 percent over 2007. The percentage of claims that are approved have decreased for the last several years, even as the percentage of claims dismissed as frivolous has risen.

Questions You are Likely to Hear in an Asylum Interview

By |July 14th, 2019|Categories: Articles, Blogs|Tags: , |

Your interview could make or break your application for asylum in the US. Your ability to tell your story in detail, and to answer questions in a manner that is consistent with the written materials you provided as well as outside sources of information, is critical to your changes of success. Your demeanor at the interview will also impact the credibility that the immigration officer attaches to your application.

Income Requirements for Fiance Visa Processing

By |July 10th, 2019|Categories: Articles, Blogs|Tags: , , |

A problem that plagues many fiancé(e) visa sponsors is the requirement that the sponsor’s “stable” gross earnings after business deductions exceed 100 percent of the Federal Poverty Guidelines in order to qualify for sponsorship. This requirement rises to 125 percent once you marry your fiancé(e) and he or she seeks permanent residence. Moreover, these earnings must be “stable” enough to ensure your long-term financial ability to support your fiancé(e).

Affirmative Asylum Claims: How to Prepare Supporting Documentation

By |June 19th, 2019|Categories: Articles, Blogs|Tags: , , , , , |

The sobering reality is that most asylum claims are rejected, and the rejection rate has been increasing for a number of years now. To win your claim, you are going to have to exert your best efforts to ensure that your application is considerably more persuasive than the average asylum application is.

From Fiance Visa to Green Card: How It’s Done

By |June 18th, 2019|Categories: Articles, Blogs|Tags: , , , , , |

A K-1 fiancé(e) visa allows you to enter the US, and it buys you some time (90 days, to be exact) to stabilize your immigration status. Marrying your US citizen partner, however, is not the end of the story -- you are still going to need to change your status to permanent resident in order to remain in the US long-term.

How to Prove Your Claim of Persecution in an Affirmative Asylum Application

By |June 17th, 2019|Categories: Articles, Blogs|Tags: , , , , |

To win your US asylum claim, you are going to have to prove that you were persecuted in your home country, or that you have a credible fear of persecution if you return. Furthermore, you must have been selected for persecution based on your race, religion, nationality, political views, or membership in a social group.

Fiancé Visa Fraud: Avoiding False Accusations

By |June 13th, 2019|Categories: Articles, Blogs|Tags: , , , |

Fiance visa fraud is more common than marriage-based green card fraud for a number of reasons -- because fiancé(e) visas are processed more quickly, because it is easier to establish a legitimate engagement relationship than a legitimate marriage relationship, and because it is easier to simply fail to marry a fiancé(e) than to divorce a spouse.

Marriage to a US Permanent Resident While Residing Abroad: Step by Step

By |May 21st, 2019|Categories: Articles, Blogs|Tags: , , |

As long as you are a permanent resident of the United States, it is possible to bring your spouse to the US on an immigration visa. Because of immigration visa quotas that apply to permanent residence sponsors, however, the process will take considerably longer than it would take a US citizen. The entire process takes two to two and a half years on average, perhaps a few months more.

Marriage to a US Permanent Resident While Residing in the United States: Step by Step

By |May 13th, 2019|Categories: Articles, Blogs|Tags: , , |

If you are a permanent resident rather than a US citizen, it will take you longer to complete the immigration process for your spouse than it would take a US citizen.

Marriage to a US Citizen While Residing Abroad: Step by Step

By |May 8th, 2019|Categories: Articles, Blogs|Tags: , |

If your spouse resides outside the US, it could take 12 to 18 months before he or she is allowed to enter the US. If you are not married yet and you are planning to marry before filing your spouse’s permanent resident application, you might want to consider filing for a fiance visa instead (see below) so that your spouse can enter the US sooner.

Marriage to a US Citizen While Residing in the United States: Step by Step

By |May 5th, 2019|Categories: Articles, Blogs|Tags: , |

If your spouse already resides in the United States, he or she will need to adjust his or her immigration status to permanent residence. It is important that your spouse be in legal immigration status when the application package is submitted and during the entire time the application is pending. The entire process should take about a year or perhaps a bit longer.

The O-3 Visa: Family Members of O-1 and O-2 Visa Holders

By |April 25th, 2019|Categories: Articles, Blogs|Tags: , |

O-3 visas are issued to the spouse and unmarried children (under 21) of holders of O-1A and O-1B visas (granted to people with extraordinary ability in business, education, science, arts or athletics), and to holders of O-2 visas (support personnel for O-1 visa holders)

O-1 Visa to Green Card: Possible Options

By |April 18th, 2019|Categories: Articles, Blogs|Tags: , , , |

The O-1 visa is a “dual intent” visa, which means that if you qualify for a green card, you can transition from O-1 temporary worker status to permanent residence status without any interruption in your visa status and without having to leave the United States.

The O-2 Visa: Support Personnel for O-1 Visa Applicants

By |April 18th, 2019|Categories: Articles, Blogs|Tags: , |

The O-2 visa is a non-immigrant working visa that is granted to the essential support personnel of holders of O-1 visas in certain fields. The visa allows its holder to accompany the O-1 visa holder to the US and perform his duties there (an actor’s agent, for example). The O-2 visa holder’s family may apply for O-3 visas so that they can accompany him.

“Green Cards” For Your Spouse

By |April 15th, 2019|Categories: Articles, Blogs|Tags: , , |

For couples who are already married and the United States citizen or lawful permanent resident spouse would like for their foreign-born spouse to apply for a “green card,” the first step to take is to file the Form I-130, Petition for Alien Relative.

Denial of Your Citizenship Application: Petition for Rehearing (Form N-336)

By |March 21st, 2019|Categories: Articles, Blogs|Tags: , , |

There are a great many reasons why the USCIS might deny your application for citizenship -- conviction of a crime, overdue taxes, delinquent child support payments, being a “habitual drunkard”, adultery and even criminal acts that were never prosecuted can all justify a rejection. Nevertheless, there are ways to fight back if you are not ready to give up.

How Unpaid Taxes and Child Support Obligations Can Affect a Citizenship Application

By |March 20th, 2019|Categories: Articles, Blogs|Tags: , , |

To obtain citizenship, the USCIS must determine that you are a person of “good moral character” after examining your background. Good moral character is a formal requirement with a very specific legal meaning. Unpaid taxes and delinquent child support obligations can definitely affect your chances of being granted US citizenship.


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