The best immigration lawyers for a marriage based green card are licensed immigration attorneys who focus on U.S. immigration and nationality law, have extensive experience with spousal petitions, understand USCIS evidence standards, prepare couples for the green card interview, communicate clearly, and offer a personalized plan for the entire process.
Choosing the wrong green card lawyer can lead to avoidable delays, requests for evidence, denials, and unnecessary stress during one of the most important immigration matters in your family’s life. A marriage-based green card allows foreign spouses to live permanently in the U.S., but the immigration process is not just about completing forms.
Applicants must prove the legitimacy of their marriage to USCIS. USCIS may suspect marriage fraud if evidence is lacking, and common reasons for denial include insufficient marriage evidence. Past immigration violations can lead to application denial, criminal history may affect eligibility for a green card, and health issues can result in denial of green card applications.
A top-rated immigration lawyer does more than file paperwork. The right attorney helps a citizen spouse, permanent resident sponsor, and immigrant spouse understand eligibility, supporting documents, interview preparation, timelines, risks, and the best path toward permanent residency. Legal representation is crucial for navigating complex immigration processes, especially when the case involves prior visa overstays, complex histories, consular processing, or adjustment of status.
Here’s what separates top-rated immigration lawyers from general practitioners or document-preparation services:
Instead of leaving you to manage a complex process alone, the right legal team gives you structure, confidence, and a clearer path toward becoming a lawful permanent resident.
Getting the right help does not require guesswork. Use a practical screening process before you hire anyone for your green card application.
Start by confirming that the person offering legal advice is actually qualified. Hire licensed attorneys or DOJ-accredited representatives for legal advice. Verify an attorney’s standing with their State Bar Association to check for disciplinary actions.
Use the AILA Immigration Lawyer Search to locate verified immigration lawyers in your city. Active membership in AILA indicates that an attorney stays updated on immigration policies, which matters because us immigration law, USCIS procedures, and immigration authorities’ expectations change over time.
Also ask how much of the attorney’s practice is dedicated to family immigration needs, marriage based green card cases, adjustment of status, consular processing, K-1 fiancé visas, conditional green card issues, and permanent green card applications.
Read client testimonials, Google reviews, and detailed review platforms carefully. Look for patterns: Did the lawyer respond quickly? Did clients feel prepared for the marriage interview? Were all the documents organized before filing? Did the attorney help avoid delays?
Confirm that the lawyer handles cases similar to your specific immigration case. Case complexity often dictates the choice of an immigration lawyer depending on specific circumstances. Special expertise is required for cases involving prior visa overstays or complex histories.
You should also ask about experience with common risk factors, including criminal history, prior denials, health issues, inadmissibility concerns, previous immigration issues, and insufficient evidence of marriage.
Use the initial consultation to evaluate expertise and compatibility. Consultations with immigration lawyers should focus on individual and family immigration needs, not generic advice.
A strong consultation should explain whether you need adjustment of status, consular processing, or another path. A marriage visa requires a U.S. citizen or permanent resident sponsor. Applicants must submit Form I-130 to establish the marriage. Form I-485 is required for adjustment of status applications. Form I-130 must be filed to start the process. Form I-485 is filed for adjustment of status.
Ask about fees, deadlines, evidence, background check requirements, medical exam requirements, and interview preparation. Look for transparent flat-rate fees for the entire spousal petition process, when appropriate, and make sure you receive a written fee agreement.
Most average practitioners react to problems after they appear. Top-rated immigration attorneys anticipate problems before USCIS officers raise them.
The difference is not just legal knowledge. It is personalized attention, a compassionate approach, and a completed application designed to withstand USCIS review.
Results matter. When evaluating immigration lawyers, look for proof that they have helped couples move from uncertainty to permanent residence with fewer errors and less stress.
Strong client testimonials often mention outcomes like:
“Our attorney explained the whole process, organized the supporting documents, prepared us for the green card interview, and helped us feel confident when we met the immigration officer.”
“We had a prior visa overstay and were worried about denial. The lawyer created a personalized plan, explained the risks clearly, and guided us through the application process.”
Useful case study examples include complex marriage based applications involving limited joint assets, prior immigration violations, consular processing delays, or a foreign spouse who needed to legally work and travel internationally after filing.
Professional recognitions can also matter. Look for State Bar good standing, AILA involvement, immigration law focus, relevant awards, and transparent case experience. The average processing time is 5-13 months, and processing times for marriage-based green cards range from 5 to 13 months, but strong legal guidance helps reduce preventable setbacks caused by incomplete forms, weak evidence, or inconsistent answers.
Top-rated legal representation is especially important if your case involves risk, urgency, or uncertainty.
A marriage-based immigration lawyer is ideal for:
If you want a stress free process, better organization, and a clear strategy for obtaining immigration benefits, working with an experienced legal team is often the safest choice.
The cost of hiring a marriage based green card lawyer depends on the complexity of your immigration matter, the services included, and whether the case requires standard filing, waivers, appeals, or litigation.
Basic services are usually designed for straightforward cases with standard documentation and no major complications. This may include the initial consultation, review of eligibility, preparation of Form I-130, preparation of Form I-485 when adjustment of status applies, filing assistance, evidence review, and basic interview preparation.
The process involves filing Form I-130 and Form I-485. Applicants must complete a medical exam as part of the process. Proof of a genuine marriage is necessary for application approval, and documentation must prove the marriage is not fraudulent.
For many couples, hiring a lawyer can simplify the documentation process for marriage visas and help avoid common pitfalls in marriage visa applications.
Comprehensive services are best for couples who want full guidance from start to finish. This may include a personalized plan, direct attorney contact, detailed document checklists, mock interviews, RFE responses, consular processing guidance, work authorization planning, travel permit guidance, and ongoing case updates.
This level of support is valuable when the applicant needs to legally work, travel internationally, protect status, or prepare for questions from uscis officers during the marriage interview.
Legal guidance helps avoid common pitfalls in marriage visa applications, especially when a couple is dealing with timing pressure, uncertain evidence, family members abroad, or prior immigration complications.
Complex cases may involve criminal history, prior immigration violations, inadmissibility issues, health concerns, fraud allegations, removal history, or serious evidence gaps. These cases often require custom legal strategies and extensive documentation preparation.
Flat fee arrangements can work for predictable cases. Hourly billing or custom pricing may apply when the case requires waivers, appeals, litigation, or unusual legal work. Look for transparent flat-rate fees for the entire spousal petition process when the scope is clear, but expect more detailed pricing when the risks are higher.
In complex matters, the right attorney can help you understand immigration benefits, government benefits implications, permanent resident requirements, and the steps needed to move toward a conditional green card or permanent green card.
Check the attorney’s license through the State Bar Association and confirm whether there are disciplinary actions. You can also use the AILA Immigration Lawyer Search to locate verified immigration lawyers in your city.
Ask whether the attorney focuses on immigration law, especially marriage based green cards, adjustment of status, consular processing, conditional green card removal, and family-based immigration. Active AILA membership is a useful sign that the lawyer follows current immigration policies.
Be cautious of anyone who guarantees approval, avoids written fee agreements, refuses to explain risks, or pressures you to pay large upfront fees without a clear scope of work.
Avoid unlicensed notarios. Hire licensed attorneys or DOJ-accredited representatives for legal advice. A trustworthy attorney should explain the required forms, all the documents, timelines, fees, potential denial risks, and communication policies before you move forward.
The average processing time is 5-13 months. Processing times for marriage-based green cards range from 5 to 13 months, depending on USCIS workload, local immigration office scheduling, background check timing, evidence quality, and whether the case is handled through adjustment of status or consular processing.
A lawyer cannot control every government delay, but a strong attorney can help avoid delays by filing accurately, submitting complete supporting documents, preparing you for the green card interview, and responding quickly to USCIS requests.
Not always. Some couples with clean records, strong documentation, no immigration issues, and no urgency complete the process on their own.
However, mistakes can be expensive. Applications can be denied for insufficient evidence of marriage. Both spouses must attend the marriage interview. Criminal history may affect eligibility for a green card. Health issues can result in denial of green card applications. Past immigration violations can lead to application denial.
Even in a simple case, a lawyer can review your evidence, prepare forms, explain risks, and help you feel confident before USCIS.
If you are ready to begin your new life in the United States with your spouse, start with qualified legal representation. The right immigration attorneys can guide the entire process, prepare your green card application, organize necessary documentation, and help you pursue permanent residency with greater confidence.
Herman Legal Group offers free consultation availability, multilingual services, and personalized attention for marriage-based immigration matters. Whether you need help with a citizen spouse petition, a permanent resident sponsor case, adjustment of status, consular processing, interview preparation, or complex immigration issues, a dedicated team can help you understand your options.
Schedule an initial consultation today and get a clear plan for your marriage based green card journey.
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Client: Family
Client’s Country of Origin: Mexico
Case Type: Removal and Parole In Place
Date of Application: August 2017
Date of Approval: December 2017
Our client retained Attorney Frank Krajenke of Herman Legal Group because he was facing removal proceedings. A native and citizen of Mexico, our client and entered the US in the 1990s. He is also a father of five, with the two elder children enrolled as US Armed Forces members, one of which is stationed overseas in Japan.
Our client was convicted of a removable offense and became subject to return to Mexico along with the custody of his younger children. Pending his removal, our client was concerned about finding new employment to support his family and the growth therapy necessary for his children if returned to his home country. Upon consulting us, Attorney Krajenke assisted in the following matter.
Krajenke aided in reopening the appeal and filed a Petition for Review for the court to review the Immigration Judge’s decision on removal. In addition, because our client is the father of active duty US military members, Krajenke noted that he may be eligible for “Parole in Place” (“PIP”). PIP is an immigration option for families of the US military to obtain an authorized stay. The policy also helps protect US-residing family members from deportation matters and may further enable persons for Adjustment of Status.
With the help of Herman Legal Group counsel, the US appellate court granted our client a Stay of Removal, an exceptional outcome for the matter. In the meantime, our counsel also assisted with filing a PIP application in order to gain our client’s protection from deportation.
While other issues of the case are still pending, the fact that the appellate court granted Stay of Removal and the Board of Immigration Appeals subsequently reopened the appeal is favorable for our client’s future status.
Client: Lawful Permanent Resident
Client’s Country of Origin: Jordan
Case Type: Marriage Green Card/Asylum
Date of Application: March 2016
Date of Approval: Month 2019
In 2016, our client, a citizen of Jordan, entered the US on a visitor visa for personal travel. Shortly afterward, he applied for asylum. During the waiting period of the asylum application, our client united in marriage with a US citizen, and Chief Paralegal Connie Cook of Herman Legal Group assisted with filing for a marriage green card application concurrently with closing the asylum case.
Cook’s tactic to immediately file for a marriage green card application and administratively close the asylum case was extremely beneficial for our client. Firstly, asylum applications and processing are largely more extensive.
The applicant must file lengthy documents, produce fingerprints, background screening, and attend interviews prior to determining asylum approval or denial. In the US, the average timeframe for an asylum application to decision takes six months; however, the USCIS previously stated that due to increased workload priority related to border enforcement, there have been scheduling delays for asylum interviews.
Due to the above circumstances, our client essentially waited on asylum approval for nearly three years. However, with Herman Legal Group counsel, our client’s marriage green card application was filed and approved this year within months.
Furthermore, the asylum interview was just scheduled this year, where Cook attended the interview with our client and administratively closed the case due to the pending marriage green card approval.
Client: Student
Client’s Country of Origin: Armenia
Case Type: I-539; Application to Extend/Change Nonimmigrant Status
While hundreds of applications and thousands of paperwork are filed to the USCIS, it is foreseeable that mistakes or errors may occur from time to time. However, this oversight does not condone putting petitioners at fault for circumstances beyond their control. Our client, a citizen of Armenia, came to the US on a tourist visa. During her visit, she became interested in pursuing an American education. In order to do so, her first step would be to obtain an F-1 student visa. Generally, an immigrant would need to return to their home country’s embassy and apply for a visa there; however, an immigrant with lawful status within the US may file an I-539 Application to Extend/Change Nonimmigrant status if he or she meets the requirements.
In general, it may take months to change to a student visa. During the time that the USCIS is adjudicating the immigrant’s application, he or she cannot go to school in the meantime. If any delays occur, the immigrant’s lawful status is at risk of expiring prior to his or her application’s approval. Subsequently, delays cause further issues with the Service, the immigrant, and the school.
In this case, our client filed her application for a student visa during her B-1 tourist status. The university program she was admitted to record that the original start date for classes was within 30 days of termination of her B-1 status.
Due to delays with the Service evaluating her application, without her knowledge, the university deferred the start date by nearly half a year. This caused the Service to deny her application in light of her B-1 status expiration to occur prior to the program’s start date, which deemed our client ineligible to request a change of status.
Our client did not understand why she received denial—she had met all the requirements and produced all necessary documents in order to change to student status and begin her education. Wanting to give up, she approached Attorney Richard Herman seeking advice.
First, Attorney Herman assisted in filing a second application. Additional filings are necessary to provide “bridge” status for the immigrant during the USCIS adjudication process, that way our client would not (1) risk expiration of status; and (2) lose her eligibility for a student visa. Second, Attorney Herman filed to reconsider our client’s denial based on USCIS error. The Service had based its denial on grounds that our client had not provided facts or reasoning in order to reconsider her change of status. However, our client attached many exhibits to the original application.
Therefore, counsel argued that not only did the Service error in misplacing those documents when issuing a denial but also the Service never requested further evidence from our client in order to fairly consider her application.
Attorney Herman provided substantial evidence to display that our client should not be at fault due to the Service’s untimely adjudication of her original application and based on the fact that proper evidence was supplied at the time of the initial decision. After many hurdles and drawn-out patience, our client was finally issued an approval notice to change to F-1 student status. Soon later, she began her American dream.
Client: Family
Client’s Country of Origin: Guatemala
Case Type: I-601A Waiver
Date of Application: Month 2015
Date of Approval: Month 2017
Chief Paralegal Connie Cook of Herman Legal Group assisted our client in the process of visa application. Our client entered the US from Guatemala without inspection for personal travel. During his time in the US, our client connected with a friend established a long-term relationship, and the two became parents to a US-born child.
Following this relationship, his partner sponsored him in filing an I-130 Petition in order to apply for US lawful permanent resident status. However, because our client held an unlawful presence in the country, the process to obtain a visa would become more challenging.
Cook assisted our client in filing an I-601A waiver after the sponsored petition was granted. An I-601A waiver is when the federal government excuses the applicant’s immigration violation under its discretion.
Here, if granted, the waiver would assist with excusing our client’s unlawful presence in the country and allow him to adjust his status. With the assistance of Herman Legal Group counsel, our client’s waiver was accepted for consideration by the Immigration Visa Office in the applicant’s home country.
Our client was then required to return to Guatemala for the interview where he would be considered for waiver. Although not required, our client’s partner insisted on attending the interview with him for support. In conclusion, the Immigration Visa Office decided to approve the I-601A waiver and grant our client his visa allowing him to enter back into the US as a lawful permanent resident.
Client: Immediate Family Member of US Military
Client’s Country of Origin: Mexico
Case Type: Parole-in-Place; I-131 Application for Travel Document
Our client approached Attorney Richard Herman of Herman Legal Group while seeking to obtain lawful status. Based on her background, this goal would be limited and difficult to achieve. Our client, a native of Mexico, originally came to the US as an undocumented minor.
By law, if you enter the States illegally, you cannot adjust your status for lawful permanent residence. Due to these circumstances, our client’s options were to either stay in the US undocumented and at high risk of deportation or leave the country for an extended period of time while applying for a waiver.
Our client’s husband, however, is a US citizen who served in the Navy for five years. During his time of active duty, he received many awards and commendations from Navy officers of higher rankings.
Once he was honorably discharged, he returned to his home in Ohio to live with his stay-at-home wife and their US-born son. Based on his former US military status, Attorney Herman assisted in the preparation of the husband’s sponsorship for his wife, as she is deemed eligible to apply for the Parole in Place program (“PIP”).
PIP is a discretionary option in which an immediate family member of an individual who is or was a member of the US armed forces may be granted lawful residence in 1-year increments. In this case, our client would benefit from PIP as the unlawful entry into the US is not a factor in the USCIS adjudication of applications. If granted PIP status, it would essentially allow our client to live a normal life outside the shadows—it would remove our client’s inadmissibility factor and deem her eligible to adjust her status giving her work and travel authorization.
Our client stressed that she lives in fear every day. Fearing that ICE would one day find her and take her away, she limited attending family outings and even leaving the house in order to avoid any issues. She couldn’t drive her son to school or medical appointments without a license and felt that her hidden status burdens her family.
In order to receive her best chances of obtaining status, Attorney Herman strategized in preparing an application that stressed the most important facts. First, our client proves that she is a person of good moral character.
While she unlawfully entered the country, she was brought to the US as a young child. She is unfamiliar with Mexico and only remembers the hardships that her family went through in order to survive and find opportunity in America. In addition, she has no criminal arrests or convictions.
Although a stay-at-home mother, our client’s husband provides that she served as “his rock” through hard times on the naval ship and supported him during three deployments. In addition, counsel provided evidence of extreme hardship if our client were to be deported.
Our client’s husband stressed that although he brings in the income, our client overall takes care of the family. She handles the finances, takes care of school and medical scheduling, and all paperwork that comes with it. If deported, our client’s family would have to go with her, leaving them subject to not receiving proper education and medication necessary to their specific disabilities and health issues.
Under these circumstances, our client’s PIP application was quickly granted. She was happy and relieved with the outcome in the sense that she may now live with her family without risk. The overall process took under two years, and our client is now able to adjust her status.
Client: Family
Client’s Country of Origin: Burkina Faso
Case Type: I-485 Application for Marriage Visa/Asylum
Date of Application: October 2018
Date of Approval: June 2019
Our client, a citizen of Burkina Faso, came to the US originally seeking asylum. During his time in the states, he obtained work and delivered medication to pharmacies around town. While on the job, he met a woman technician and became drawn to her. Soon later, they began talking and started a relationship, and eventually, the technician became his wife.
Once the two united in marriage, our client considered applying for a marriage green card. However, he was still on pending asylum status. Our client retained Herman Legal Group counsel to receive guidance on what steps to take in order to obtain lawful permanent residency as quickly and efficiently as possible. Attorney Erin James assisted with the foregoing matter.
Because asylum cases may take months to years before an interview date is assigned, Attorney James knew how to stagger the process. She helped our client file an I-485 application for a marriage visa and informed a couple of the interview process.
The asylum interview was scheduled first. Attorney James attended that interview with our client, along with the letter stating that the client has a pending marriage green card application, and requested to administratively close the asylum case, which was closed that day.
In light of concerns of marriage fraud, the USCIS conducts strict interviews seeking answers in specificity and unanimity. At our client’s interview, complications arose. Due to a language barrier, our client could not comprehend all questions posed by the officer. As a result, our client was not providing concrete answers. The interview became tough as the officer grew frustrated, impatient, and began searching for flaws in the marriage.
In the end, our client relieved the tension and told authentic stories about the marriage that eventually got the officer enjoying them. Within a few days, the couple was approved for a marriage visa.
Our client and his wife were very happy about the outcome.
Navigating immigration processes can be stressful, especially when personal life events intersect with legal matters. One situation many applicants face is marriage while an asylum case is pending. Understandably, people wonder how marriage might affect their asylum application, immigration status, or future opportunities in the United States. While every case is unique, understanding the general rules and possibilities can help applicants make informed decisions and avoid unnecessary complications.
Yes, you can legally marry while your asylum case is pending. Being in the asylum process does not prevent someone from getting married in the United States, as long as the marriage complies with state laws. Marriage is considered a personal and legal decision that does not automatically interfere with your right to pursue asylum.
However, the immigration consequences of marriage depend largely on who you marry and what your immigration goals are moving forward. For example, marrying a U.S. citizen may open different pathways than marrying someone who also has temporary or uncertain immigration status.
One of the most common situations involves asylum applicants marrying U.S. citizens. In this scenario, the U.S. citizen spouse may file a family-based immigration petition on behalf of the asylum seeker.
If the petition is approved, the asylum applicant may become eligible to apply for adjustment of status to obtain lawful permanent residence (a green card). In some cases, applicants choose to continue their asylum case while pursuing the marriage-based green card process. Others may decide to withdraw the asylum application if the family-based pathway becomes viable.
It is important to understand that immigration authorities will closely examine the marriage to ensure it is genuine. Couples are usually required to provide documentation proving that the relationship is legitimate, such as shared financial records, photographs, and proof of living together.
Another possibility is marriage between two individuals who both have pending asylum applications. In this situation, the marriage itself does not typically change the status of either case. Each applicant’s asylum claim will continue to be evaluated individually based on the evidence and circumstances presented.
However, in certain cases, one spouse may be able to be added as a derivative beneficiary to the other spouse’s asylum case if the marriage occurred before the asylum decision is finalized. If the principal applicant is eventually granted asylum, the spouse included in the case may also receive asylum status.
Because timing can be important, couples in this situation should understand the relevant rules before making changes to their applications.
Marriage does not automatically harm an asylum claim, but it may raise questions about the applicant’s intentions or immigration plans. Immigration officers may review whether the marriage affects the applicant’s eligibility for asylum or whether the relationship appears to be primarily for immigration benefits.
For example, if an asylum applicant suddenly abandons their claim after marriage to pursue a different immigration pathway, officers may review the timeline carefully. Transparency and proper documentation are important to avoid misunderstandings during the process.
In addition, applicants should always notify immigration authorities of significant life changes when required, including changes in marital status. Keeping records accurate and updated helps prevent delays or complications later.
Because immigration law is complex, marriage while an asylum case is pending can create legal scenarios that vary depending on personal circumstances. Factors such as entry history, immigration status of the spouse, and the stage of the asylum process can all influence the available options.
Consulting an experienced immigration attorney can help applicants understand whether continuing the asylum case, pursuing family-based immigration, or combining both strategies is the best approach. Professional guidance can also help ensure all paperwork is filed correctly and deadlines are met.
Marriage is an important life decision, and it does not have to be postponed simply because an asylum application is in progress. In most cases, individuals are free to marry while their asylum case is pending. However, the immigration consequences depend on the details of the situation and the long-term plans of the couple.
Understanding how marriage while an asylum case is pending may affect immigration options can help applicants move forward with clarity. By staying informed, maintaining proper documentation, and seeking legal advice when needed, couples can navigate both their personal and immigration journeys more confidently.
Client: Non-Immigrant Temporary Visitor
Client’s Country of Origin: Canada
Case Type: Request for Entry into the US as B2 Temporary Visitor; Humanitarian
Date of Application: August 2018
Date of Approval: February 2019
Herman Legal Group is retained by many Canadian clients and works with many Canadian immigration lawyers, too. In this case, our client, a citizen of Canada, comes from a wealthy, successful family. However, as a young man, he suffered from serious medical issues that consumed his day-to-day life. After seeking medical institutions and trying several treatments in Canada, nothing worked. Our client’s family burdened in distress over their son’s health. Finally, they came across a medical clinic located in Utah that would treat our client’s needs, and after trial, the clinic’s assistance was found successful.
Our client originally came to the US on a B-2 tourism visa in order to receive his medical treatment. For B-2 nonimmigrant visas, the applicant is admitted into the US for temporary duration for a specific purpose.
In this case, our client’s sole purpose to enter the US was to obtain treatment. However, our client was unaware that his admittance was limited to a six-month duration. Our client stayed at the medical facility for over the amount of time his visa was granted by 18 months.
This means that he was technically present as an undocumented immigrant in the states for over a year. Unaware of this issue, our client returned to Canada, and a few years later attempted to re-enter the US for treatment. Officials at the border denied his entry due to his overstay in the past, which deemed him legally inadmissible.
Furthermore, the officers instructed our client to file an I-192 Application for Advance Permission to Enter as a Nonimmigrant based on his urgent need for medical treatment. Immediately, our client filed the form and paid all fees there at the border. Six months went by without our client receiving treatment and still waiting upon approval of his application.
Fortunately, our client’s family knew Attorney Richard Herman and asked for his help. In immigration law, it is a difficult task to establish a successful case to waive a client’s inadmissibility when little to no evidence is present. Despite this circumstance, Attorney Herman provided his expert assistance in order to help our client attend to his serious health matter.
Attorney Herman assembled as much supplementary evidence in order to establish that our client is entitled to receive a temporary visa. The USCIS sets the standard in assessing an immigrant’s entitlement to a B-1/B-2 temporary classification:
“The consular officer must assess if the applicant: (1) has a resident in a foreign country, which they do not intend to abandon; (2) intend to enter the US for a period of specifically limited duration; and (3) seeks admission for the sole purpose of engaging in legitimate activities relating to business or pleasure.”
Upholding these requirements, counsel provided affidavits of our client and his family explaining the past overstay for treatment with no intention of violating US immigration laws—other than his prior overstay for intensive medical aid, our client has no other criminal convictions.
In addition, counsel established that our client had no intention to become a US permanent resident by demonstrating his residence and sole-employment in Canada, and showing that our client never attempted to work during his previous stay within the US. Attorney Herman also provided evidence that our client has sufficient funds and resources to subsidize his medical bills and temporary stay, therefore he will not become subject to the reliance on US welfare.
Lastly, Attorney Herman contacted congressional offices in Utah in order to obtain official good moral references and documentation from the medical clinic stating our client’s need for treatment is critical.
By meeting these requirements, our client was approved for B-2 status. Not only was Attorney Herman able to have the USCIS waive the inadmissibility factor due to the inadvertent overstay of visa, but our client was able to continue receiving medical aid from a creditable US medical clinic and potentially save his life.
Client: Lawful Permanent Resident
Client’s Country of Origin: Panama
Case Type: Criminal and Removal
Date of Application: August 2010
Date of Approval: February 2019
Our client retained Attorney Frank Krajenke of Herman Legal Group after sitting with a criminal conviction for three years. Our client left Panama and came to the US as a child with lawful permanent resident status. In 2010, he pled guilty to low-level charges arising from a domestic violence issue and was sentenced to complete probation. Nearly three years later, our client fulfilled the court orders but did not anticipate the removal consequences that followed.
Our client consulted with Attorney Krajenke, informing him that he was not advised of immigration consequences that would result from the plea. In addition, our client stated that no interpreter was present at the hearing, he was never told by former counsel that he would be deported and stated he would not have pled otherwise.
In 2013, Herman Legal Group counsel filed a motion to vacate the plea on constitutional grounds of failure of former counsel to advise of immigration consequences. Years had passed, and the opposing counsel sought to dismiss based on the passage of time.
In February 2019, Attorney Krajenke appeared in court and found out that the motion had been denied; however, after spending time speaking to the judge, the judge became receptive to our client’s argument and reversed her initial decision to deny the motion, permitting our counsel to withdraw plea. Furthermore, our client pled to an amended low-level charge without grounds for removal.
While this case required time and patience, the outcome is substantially successful for our client. Not only is it critical to retain an immigration lawyer, but it is also key for lawyers to analyze the courtroom and judge in order to grasp what may be most favorable for their client.
Client: Nonimmigrant Temporary Visa Holder
Client’s Country of Origin: India
Case Type: I-130 Petition for Alien Relative; Marriage to US Citizen
Date of Application: July 2018
Date of Approval: February 2019
Our client, a citizen of India, was present within the US as an international student. During his study, he met a US citizen woman and fell in love. After some time, the couple united in marriage. The couple then was faced with adjusting our client’s nonimmigrant status, establishing their marital relationship, sponsoring our client for eligibility to become a lawful permanent resident—all before his student visa expires.
The couple consulted with Herman Legal Group counsel at the office located in Buffalo, New York. For timely purposes, they concurrently filed forms I-130 Petition for Alien Relative and I-485 Application to Adjust Status.
They provided a plethora of evidence in order to establish a bona fide marital relationship to avoid any hiccups in the process. Two months later, they were scheduled for their interview with USCIS officials. The couple proceeding to attend the interview and felt confident that all would go well and even brought many supporting documents to show the presiding officer.
Later that year, our clients received documents in the mail requesting more evidence in order to finalize the adjudication of their applications. The USCIS raised the issue that the couple did not supply valid documents regarding our client’s legal divorce in a prior marriage that occurred overseas in India.
The Service provided that, for specific religions, the US Department of State’s Visa Reciprocity Schedule for Indian states that certified copies of divorce decrees of Christian, Hindu, Parsi, and Sikh divorces must be obtained and supplied (for immigration purposes). Furthermore, a certificate from the Kazi, the Muslim religious leader, must be provided to document the divorce that occurred.
The Service basically concluded that because our client’s application did not include this very specific document, his previous marriage was not validly terminated, therefore he did not meet the requirements to show a legally terminated marriage to proceed with his current marital relationship that sponsors his visa application.
A great wave of turmoil engulfed our client: Why was my application denied when my previous marriage was in fact legally terminated? Why wasn’t I asked for this document at my interview? What happens now?
Attorney Richard Herman assisted with the matter—he addressed that our client and counsel were unaware of the specific information regarding the Visa Reciprocity Schedule was necessary to the original filing of the application, therefore it was inadvertently omitted. Attorney Herman also provided that our client had brought this certificate to the initial interview, but did not bring it to the attention of the officer as it was unrequested.
However, we then submitted to the Service a certificate from the Kazi establishing that the prior marriage was terminated under the laws of India. In addition, we also submitted supporting evidence, such as a notarized statement issued from the Kazi attesting to the validity of the certificate as well as an expert statement issued from a licensed attorney in India attesting to the validity of the divorce decree. Overall, our client’s application to adjust status was approved successfully and on time while remaining in legal status.
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