I have heard that immigration lawyers take a “cookie-cutter” approach to their clients’ cases and attempt to resolve them using simple formulas. But my case is unique. Can you describe your firm’s case management philosophy?
Unfortunately, you are absolutely right that many immigration law firms take a uniform “cookie-cutter” approach to their clients’ cases — but not the Herman Legal Group. At Herman Legal Group, we never forget that every case represents a unique set of fact patterns that must be resolved on its own merits. No two cases are exactly alike, and neither are any two clients. We will provide you with the individualized representation that you require.
On the date that I filed a family-based immigration petition on behalf of my spouse, I was a lawful permanent resident of the United States. I have since become a US citizen. What effect will this have on my case?
Becoming a US citizen could exert a major positive effect on your case — in fact, it might even save your spouse years of waiting time. This benefit applies even if you didn’t obtain citizenship until after the date that you filed the immigrant visa petition.
Under these circumstances, you should submit proof of your US citizenship to the National Visa Center (NVC) so that they can upgrade your spouse’s visa priority date. “Proof” in this case means:
- A copy of the biodata page of your U.S. passport (the page with your photo on it); or
- A copy of your Certificate of Naturalization that states the date that you were naturalized.
Your US citizenship will also positively affect the priority date of any petition you filed on behalf of your spouse’s minor children. You will, however, have to file new documentation for these minor children. Consult an immigration attorney for details.
Is there any special documentation I should file if I decide to retain an immigration attorney to assist me in my dealings with the National Visa Center (NVC)?
If you retain an attorney to represent you, you will need to submit a signed and dated Form G-28. Notice of Entry of Appearance as Attorney or Representative.
I interviewed for an immigrant visa with a US embassy, but I was refused. Can I appeal to the National Visa Center (NVC)?
No, unfortunately, the National Visa Center (NVC) has no authority to overturn the decision of a US embassy or consulate concerning an immigrant visa. Although appealing the denial of an immigrant visa denial is almost impossible, you can file a Motion to Reconsider with the embassy or consulate that denied your visa petition in the first place.
I was issued a US immigrant visa, but I could not make it to the United States by the date that it expired. Can I apply for another visa with a later expiration date?
Yes, you can apply for a new immigrant visa with the US embassy or consulate that issued it in the first place, although they are under no obligation to offer you a new one. You will be required to provide a certain amount of documentation and pay another processing fee before you can receive a new immigrant visa.
I applied for an immigration visa for my relative, who is now facing a life or death medical emergency. Can the National Visa Center (NVC) expedite the process of approving my relative’s immigrant visa?
That depends on whether your relative’s visa priority date is current (whether a visa is available under the current visa quota system). If his or her priority date is current, the National Visa Center (NVC) has the option to expedite processing. If his or her priority date is not current, however, the National Visa Center (NVC) cannot help even in a life or death emergency.