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.

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.

The H-1B to Green Card Transition Through PERM Labor Certification

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

One of the main benefits of H-1B status is its tolerance of “dual intent” -- the ability of an H-1B worker to apply for and obtain permanent residence in the US without having to leave the US and wait abroad for an immigration visa to be approved.

“Good Moral Character” and US Citizenship

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

“Good moral character” means more than refraining from committing crimes. Yes, it is true that committing a crime is likely to cast doubt on your good moral character -- but so can other activities such as unpaid debts.

Changing Jobs in Midstream: H-1B Portability

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

If you are in the US in H-1B status, you enjoy a benefit called “H-1B portability” -- subject to certain restrictions, you can change jobs without having to leave the US and start the H-1B visa process all over again.

The Labor Condition Petition (LCA) for H-1B Workers

By |March 12th, 2019|Categories: Articles, Blogs|Tags: , , , |

Before you even apply for H-1B status, for example, you must be cleared by the US Department of Labor to make sure that your employment will not adversely affect US workers.

The Effect of a Criminal Conviction on a US Citizenship Application

By |March 6th, 2019|Categories: Articles, Blogs|Tags: , , , |

If you are a permanent resident seeking US citizenship, your N-400 citizenship application will require you to reveal whether you have ever been arrested for, charged with or convicted of a crime. It’s obviously not good news if you have been convicted of a crime.

Cleveland Still Has Time to Get Into the Immigration Game?

By |November 23rd, 2016|Categories: Articles|Tags: |

Cleveland is increasingly becoming an outlier on the issue of building globally-inclusive communities, attracting immigrants, and creating new jobs by leveraging the entrepreneurial and innovative propensities of the foreign-born.


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