David Hirson & Partners, LLP David Hirson & Partners, LLP 2026-06-19T09:40:04Z https://www.hirsonimmigration.com/feed/atom/ WordPress /wp-content/uploads/sites/1604757/2024/10/cropped-favicon-holder-hirson-x-1-32x32.jpg On Behalf of David Hirson & Partners, LLP <![CDATA[What happens after USCIS approves my I-130?]]> https://www.hirsonimmigration.com/?p=50092 2024-08-30T04:30:46Z 2024-09-06T04:29:59Z For beneficiaries inside the U.S. If your relative is already inside the U.S., they can apply for an adjustment of status using Form I-485. They will then attend a biometrics appointment, where officials will take their fingerprints, photos and signatures. USCIS (U.S. Citizenship and Immigration Services) will then schedule an interview for your relative. If USCIS approves your application, your relative will receive a green card, granting them permanent resident status.

For beneficiaries outside the U.S.

If your relative is outside the U.S., USCIS will send your application to the National Visa Center (NVC) for processing. There, the NVC will create your visa case and enter the data from your petition into the system. Once they complete this step, they will send you or your beneficiary a welcome letter containing your case number and invoice I.D. You can use this information to log on to the Consular Electronic Application Center (CEAC) to check your status and manage your case.

What if you or your relative has not received a welcome letter?

If it has been some time since you received the notice of approval and you have not received any welcome letter, consider doing the following:
  • Check your spam or junk mail folders.
  • Verify that the contact information you submitted is correct.
  • Wait for a few weeks. It takes some time for the NVC to send out the welcome letter.
  • Contact the NVC directly through their website.
If you still have not received a welcome letter after these steps, consider seeking assistance from an immigration lawyer who can advise you on the next steps you can take to process your relative’s immigration application.]]> On Behalf of David Hirson & Partners, LLP <![CDATA[When to make an expedite request for my employment-based visa]]> https://www.hirsonimmigration.com/?p=50089 2024-08-12T10:48:46Z 2024-08-16T10:48:15Z make an expedite request to the U.S. Citizenship and Immigration Services (USCIS).

When is it relevant?

An expedite request is a way to ask the USCIS to facilitate an application, petition or other submissions. However, the agency might only accept requests after determining the eligibility and merit of each case. For example, the agency may expedite for safety risks or humanitarian reasons. It can be appropriate, if necessary, to keep someone safe during an emergency. The same may apply to employment-related visa applications if the consequences are grave enough to warrant a request. If an organization or individual risks losing significant amounts of money, making a request could be possible only if they had no part in causing the delay. The request can also be valid if the delay happened because of the agency's mistake.

Knowing how to approach unpredictable situations

Like most causes of employment visa application delays, the contributors can be unpredictable, such as holdups due to sudden events or threats to national security. But if the situation meets specific conditions, these measures, such as an expedite request, might be applicable. Before taking any action, consider seeking legal counsel. It can help determine eligibility and other more appropriate options.]]> On Behalf of David Hirson & Partners, LLP <![CDATA[DHS announces new immigration process promoting family unity]]> https://www.hirsonimmigration.com/?p=50082 2024-08-09T10:55:42Z 2024-08-08T06:18:10Z Process to Promote the Unity and Stability of Families aims to address this. The new process allows some noncitizen spouses of U.S. citizens to request parole and undergo the process without leaving their families.

Who can apply?

You may be eligible for a discretionary grant of parole if you fit these criteria as of June 17, 2024:
  • Staying in the United States with no parole or admission
  • Been continuously living in the U.S. for at least 10 years
  • Legally and validly married to a U.S. citizen
  • Have no disqualifying criminal history
  • Not recognized as a threat to public safety or national security
  • Merit favorable exercise of discretion
The U.S. Citizenship and Immigration Services (USCIS) will start accepting applications on a case-by-case basis on Aug. 19.

What do you need to prepare?

You can start preparing your evidence of eligibility, which includes the following valid documents:
  • Legal proof you’re married to a U.S. citizen, like your marriage certificate
  • Proof of identification, such as your passport and driver’s license
  • Government-issued documents with your name, date of birth and photo
  • Proof of your spouse’s citizenship, like their passport or naturalization certificate
  • Proof that you’ve continuously stayed in the United States in the past 10 or more years, which can include lease contracts, school records, medical records and insurance policies
Evidence of eligibility you can prepare for your noncitizen children include:
  • Proof that they’re a child of a noncitizen parent, like a birth certificate or adoption decree
  • Legal proof that their noncitizen parent married a U.S. citizen
  • Proof that they’ve been staying in the U.S. as of June 17, 2024
The USCIS warns applicants of immigration scams and recommends only seeking legal support from immigration law attorneys. Consulting an experienced attorney is advisable to ensure you meet all legal requirements.]]> On Behalf of David Hirson & Partners, LLP <![CDATA[Criminal record does not lead to automatic visa denial]]> https://www.hirsonimmigration.com/?p=50077 2025-05-27T10:30:42Z 2024-07-23T09:22:14Z What is “inadmissibility”? There are grounds for inadmissibility or reasons someone cannot enter the United States. Certain criminal offenses can potentially interfere with your visa application including:
  • Aggravated felonies such as drug trafficking, violence and firearms offenses
  • Crimes involving moral turpitude (CIMT) like theft, fraud and domestic violence
  • Other offenses such as multiple DUIs and petty thefts
Not just convictions can cause issues. Arrests, including dropped charges and outstanding warrants, can raise concerns for consular officers. The impact on your application depends on the specific crime and the surrounding circumstances. Questions to consider include:
  • How severe was the crime?
  • What was the intent behind it?
  • When was it committed, and have there been other offenses since?
  • How old were you when it happened?
More serious offenses can permanently disqualify you from obtaining a visa.

Living and working in the US is still possible

The good news is that all hope is not lost. Suppose your criminal record falls under an inadmissibility category. In that case, you might be eligible for a waiver of inadmissibility, a request to overlook or forgive your past criminal record and grant you legal entry. Obtaining a waiver, however, often requires strong justification for overcoming the inadmissibility ground. Consulting with an immigration attorney before starting your application can be crucial.]]> On Behalf of David Hirson & Partners, LLP <![CDATA[Understanding the different types of family visas]]> https://www.hirsonimmigration.com/?p=50073 2024-07-23T06:57:03Z 2024-07-11T06:37:46Z Immigrating with a Criminal Record For many people, immigrating to the United States represents the ultimate “fresh start.” Immigrating to the United States might mean finally living closer to family members, the chance to start in a new line of work, or the chance to further one’s education. Are these exciting opportunities out of reach for people who have a criminal record? Sometimes, but not always. For people who are only just embarking on their immigration journey, criminal records will immediately impact whether they are eligible to even enter the United States. In legal terms, reasons that someone may not be permitted to enter the country at all are called grounds of inadmissibility. While there are many different grounds of inadmissibility, which can be related to anything from health to finance, criminal activity itself can trigger various grounds of inadmissibility. This means that a careful analysis of any criminal history is needed to determine if someone can enter the United States. For example, prostitution, money laundering, and human trafficking each trigger their own grounds of inadmissibility, even where there is no conviction. Therefore, if you have any history of arrest for one of these crimes, it may make you ineligible to enter the United States even if the charges were dropped or dismissed. There are also a few grounds of inadmissibility which could be triggered by a variety of crimes. For example, the notoriously unclear “crime involving moral turpitude” ground can be triggered if you’ve been convicted of, or have admitted to, the elements of a crime that involves something like immoral behavior. The confusing nature of crime-related inadmissibility grounds means that it is critical to discuss any past arrests, citations, or charges with your immigration attorney, regardless of how the case was resolved. For immigration purposes, even expunged records do not ever go away. The good news is that waivers exist for some crime-related inadmissibility grounds. That means that even if your criminal record triggers one of these grounds, the time that has passed since the incident, your rehabilitation, and your U.S-based family needs might allow you to overcome the inadmissibility. If you have criminal issues in your past, the lawyers at David Hirson and Partners, LLP can help you assess the impact of your criminal record and the options that are available to you. With office in Newport Beach, California, we are here to help you navigate these complicated issues.]]> On Behalf of David Hirson & Partners, LLP <![CDATA[What is a DACA consideration?]]> https://www.hirsonimmigration.com/?p=50057 2024-06-12T06:45:27Z 2024-06-19T06:45:15Z you entered the country as a child and stayed since then. Without any real reason to consider you a threat to national security, you could have options to remain and work in the country lawfully, such as through Deferred Action for Childhood Arrivals (DACA). If the DHS considers you for DACA, you can stay in the country and become eligible for employment authorization as long as you renew every two years.

Who is eligible?

To qualify for DACA, you must have entered the country as a child and meet other vital conditions, including the following:
  • You were under 16 years old when you came into the country
  • You stayed in the country since June 15, 2007, until filing your DACA request in person
  • You did not have a lawful immigration status since June 15, 2012, until filing your request
  • You attend school or have completed high school
  • Your criminal history proves that you are not a public safety or national security threat
Other criteria could apply based on your circumstances, such as whether you are a veteran or have met other age requirements appropriately.

Understanding visa options for employment

DACA consideration is a typical option for undocumented individuals who want to stay and work in the country, but it may not be an ideal solution. Employment visas could be more appropriate if your circumstances involve other factors, considering your documentation requirements. When needing clarification about these arrangements, consider seeking legal counsel. Experienced guidance could help clarify your situation and address your worries about deportation.]]> On Behalf of David Hirson & Partners, LLP <![CDATA[The ‘hardship waiver’ and how it can help you]]> https://www.hirsonimmigration.com/?p=50058 2025-05-27T10:23:49Z 2024-06-11T05:02:41Z Hardship waivers could be an option It may be possible to overcome the obstacles of inadmissibility through forms I-601 and I-601A. These are known as hardship waivers or waivers of unlawful presence for entry. They require you to explain how a living relative in the U.S. would experience great hardship if you were not allowed to enter the country. You can demonstrate hardship in two ways:
  1. What would happen to your loved one if you could not enter the U.S., such as their poor health conditions or financial dependence on you.
  2. The effect it would have on them if they had to follow you back to your native country, such as the effect of violence, war or discrimination occurring in that area.
It is important to understand that obtaining a waiver does not automatically mean you can get a visa. It allows you to become eligible to apply for a visa, even if you are in the U.S. unlawfully.

How do you prove hardship?

You will need to provide solid evidence that your loved one would suffer great hardship without your presence. Depending on the reason for hardship, you can prove it by obtaining evidence such as:
  • Medical records
  • News reports documenting events in your native country
  • Experts endorsing your situation and your arguments
  • Financial documents proving dependency
The U.S. has strict immigration laws which could make it difficult to enter the country. With the right steps and clear guidance, you may be able to achieve your goals and be with the people that you love.]]> On Behalf of David Hirson & Partners, LLP <![CDATA[How long does a K-1 fiancé(e) visa last?]]> https://www.hirsonimmigration.com/?p=50055 2024-05-21T06:13:40Z 2024-05-28T06:13:07Z Choosing to marry a non-U.S. citizen comes with a bunch of legal things you need to know about. Getting a K-1 visa, also known as a fiancé(e) visa, is just the first step. Once you've got that in hand, you need to go through immigration and follow the terms of the visa. These include things like not committing crimes and not violating the terms of admission to the U.S. But remember, a K-1 visa has certain time limits. When that limit is up, it can be challenging to try and extend it.

The clock starts ticking at six months

The K-1 visa is only good for up to 6 months from the date of issue. That gives your fiancé(e) enough time to pack up, say their goodbyes and start their new life in the U.S. Once they’re in the country, another countdown begins. You've got 90 days to tie the knot. This 90-day period is non-negotiable—you can’t ask for an extension. This means you need to plan your wedding and make sure that it happens within this 90-day window.

What happens if you miss the deadline?

If you don't get married within 90 days, your fiancé(e) and any kids they have (on K-2 visas) need to leave the U.S. This is because the K-1 and K-2 visas automatically expire after 90 days. But, if you marry your U.S. citizen fiancé(e) after the 90 days, you might still be able to get a Green Card by filing Form I-130. Trying to get a Green Card after the deadline can be a bit more complicated, though.

You should get help with all immigration matters

With all these strict timelines and possible legal headaches, it's really important to know all the rules and deadlines that come with the K-1 visa. If you find yourself in a tricky situation, it might be a good idea to reach out to an attorney. They can look at your specific situation and help you meet all the requirements and deadlines.]]> On Behalf of David Hirson & Partners, LLP <![CDATA[Navigating challenges in the EB-1 visa application process]]> https://www.hirsonimmigration.com/?p=50051 2024-05-07T05:58:31Z 2024-05-14T05:58:13Z Securing this type of employment visa can be complicated. Aside from legal hurdles, the application process also involves stringent criteria that require exceptional achievements and comprehensive proof from applicants.

Proving your qualifications

EB-1 is for individuals who have demonstrated extraordinary skills in areas like science, arts, research, business or athletics. A strong resume alone may not be enough when applying for this visa. You must also meet the stringent criteria set by the U.S. Citizenship and Immigration Services for individuals with extraordinary ability or outstanding achievements.  Your application must include thorough documentation showing a pattern of recognition and achievement that sets you apart from your peers. This may include awards, leadership roles in notable organizations or significant contributions to your field.

Handling delays

If the USCIS finds your initial documentation lacking, they may issue a request for evidence (RFE). This can significantly delay your process. The best way to avoid this is to minimize the chances of getting an RFE in the first place. However, if you do receive an RFE, it would be wise to address the concerns with additional evidence and clarifications as soon as possible. 

Staying on top of legal changes

Immigration law can change. Staying updated on these modifications can significantly impact the outcome of your application. Consider working with an immigration lawyer to help you stay informed about changes that will help you create the best strategy for your application. The application process for an EB-1 visa can be challenging, but with the right preparation and guidance, you can successfully overcome these hurdles.]]> On Behalf of David Hirson & Partners, LLP <![CDATA[The two processes for seeking a spousal visa]]> https://www.hirsonimmigration.com/?p=50053 2024-05-06T04:43:02Z 2024-05-10T20:24:38Z Adjustment of status Spouses seeking family visas through the adjustment of status process must have an H-1B employment visa, F-1 student visa or some other visa that allows them to live legally in the United States. They must also maintain their valid immigration status for the duration of the application process. If this is not possible, they must leave the United States and seek a spousal visa through the consular processing procedure. This has become more of an issue in recent years as processing times have grown longer.

Consular processing

Spouses should leave the United States and go through the consular spousal visa process if their student or employment-based visas expire. If they remain in the United States after their visas expire, they could be barred from reentering the country for up to 10 years. Spouses may be able to avoid being barred by applying for a “waiver of inadmissibility” before they leave the country. Consular processing is also a good option if spouses wish to spend some time in their home countries before settling down in the United States.

Country of residence and immigration status

The foreign spouses of U.S. citizens or permanent residents can obtain spousal visas through either the adjustment of status of consular processing procedures. The adjustment of status process is followed when spouses are already living legally in the United States. If spouses live abroad or their student or employment-based visas expire, they can obtain spousal visas from overseas through the consular process.]]>