Immigration Law
We can help people deal with the laws and processes that permit persons who are not citizens of the United States to come to the United States to live and work.
Immigration law is comprised of a very complex web of rules, regulations, and exceptions. The information provided in this section is intended to give you a general idea of the law in this area. However, it is extremely important to consult with an attorney who is knowledgeable in immigration law before taking any action, especially in light of rapid changes in this area of law.
Attorney Michael R. Hirman offers a broad range of immigration law services.
- H-1 B Professional Visas
- L-1 Company Transfers
- TN NAFTA Visas
- J-1 Practical Training programs
- O Entertainer and Athlete Visas
- E-2 and EB5 Investor Visas
- E-1 Treaty Traders
- Green Card immediate relative Family visas
- Green Card Lottery Diversity Visa
- Political asylum
- Deportation and Removal Proceedings
- Detention and Bond applications
- Immigration Consequences of Criminal convictions
- Naturalization and Derivative Citizenship
- Student Visas
- Business and Visitor Visas
- Labor Certification and Employment visas
- Religious Workers
Deportation/Removal Proceedings/Detention
The process of deportation/removal can be very frightening for a person not familiar with the legal system in the Immigration Courts. Attorney Michael R. Hirman represents individuals that the U.S. Citizenship & Immigration Service is seeking to deport or remove before the immigration courts and prepare applications for relief on their behalf. Some of the offenses we can help you with are overstays, criminal offenses, illegal entry, illegal work or employment, submission of fraudulent (false) documents, and false claims of U.S. citizenship.
Asylum – Refugee
People with a real fear of persecution because of race, religion, nationality, membership in or identification with a particular social group, or political opinion can apply for asylum or refugee status. Attorney Michael R. Hirman has experience assisting individuals with their asylum applications and before the Immigration Court.
Naturalization
You may be eligible for U.S. Citizenship if:
- You have been a permanent resident for five years; or
- You are the spouse of a U.S. citizen and have been a permanent resident for 3 years; or
- Your parent became a U.S. citizen before your 18th birthday
Attorney Michael R. Hirman can assist clients in applying for U.S. citizenship and deal with the legal issues of physical presence, good moral character, age, knowledge of U.S. history and English, and disability waivers.
We can advise and assist you in the various areas of Family immigration.
Lawful Permanent Residence through Family member:
To be eligible for lawful permanent residence based on a family relationship you must meet the following criteria:
- You must have a relative who is a United States citizen or a lawful permanent resident of the United States who can provide documentation proving their status and is willing to sponsor you for lawful permanent residency
- Your relative must prove they can support you by providing documentation that their income is 125% above the mandated poverty line for their family, including you and all other sponsored family members.
- If your relative is a US Citizen and they can legally prove you share one of the following relationships, you may be eligible for lawful permanent residency
- Husband or wife;
- child under 21 years old;
- Unmarried son or daughter over 21;
- Married son or daughter of any age;
- Brother or sister if you are at least 21 years old; or
- Parents if you are at least 21 years old.
- If your relative is a lawful permanent resident and they can legally prove you share one of the following relationships, you may be eligible for lawful permanent residence
- Husband or wife; or
- Unmarried son or daughter of any age.
There is no quota or limit and, therefore, no waiting list for Immediate Relatives of U.S. Citizens - Unmarried children under 21, Spouse, Parent, Widow / Widower (under certain circumstances). Relatives in the following "preference" categories are subject to limits on the number of visas that can be issued each year.
- First Preference: Unmarried sons or daughters (over age 21) of U.S. citizens.
- Second Preference: a. Spouses and unmarried children (under age 21) of LPRs (lawful permanent resident); b. Unmarried sons and daughters (over age 21) of LPRs (lawful permanent resident).
- Third Preference: Married sons and daughters of U.S. citizens.
- Fourth Preference: Brothers and sisters of U.S. citizens.
Fiancé
Foreign National Entering the U.S. as the Fiancé (e) of a U.S. Citizen K - Fiancé/e of U.S. Citizen A Fiancé(e) of a U.S. citizen is eligible for a nonimmigrant visa in order to marry within 90 days of entry to the U.S.
Permanent Residence through Employment
If you want to become an immigrant (a foreign national who has been authorized to live and work permanently in the United States) based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, the foreign national must fall into one of the categories below:
- First Preference (EB-1 priority workers): aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
- Second Preference (EB-2 workers with advanced degrees or exceptional ability): aliens who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.
- Third Preference (EB-3 professionals, skilled workers, and other workers): aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
- Fourth Preference (EB-4 special workers such as those in a religious occupation or vocation): aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.
- Fifth Preference (EB-5 Employment Creation) If you would like to be granted immigrant status in the United States for the purpose of engaging in a new commercial enterprise, please see Lawful Permanent Residence through Investment. Permanent resident status is available to investors, either alone or coming with their spouse and unmarried children.
Lawful Permanent Residence Through Investment
Permanent resident status is available to investors, either alone or coming with their spouse and unmarried children.
In general, "eligible individuals" include those:
1. Who establish a new commercial enterprise by:
- creating an original business;
- purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
- expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and
2. Who have invested — or who are actively in the process of investing — in a new commercial enterprise:
- at least $1,000,000, or
- at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area; and
3. Whose engagement in a new commercial enterprise will benefit the United States economy and:
- create full-time employment for not fewer than 10 qualified individuals; or
- maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.
Non-Immigrant: Temporary Status
Temporary Visitors
A nonimmigrant is a foreign national seeking to enter the U.S temporarily for a specific purpose. Non-immigrants enter the U.S. for a temporary period of time, and once in the U.S. are restricted to the activity or reason for which their visa was issued. Among other requirements, foreign nationals seeking temporary admission must establish that the purpose of their visit is temporary and the foreign national must agree to depart at the end of his/her authorized stay or extension.
In San Diego and around California the most common types of temporary visas are:
- The NAFTA Professionals
- The TN - Trade NAFTA Professionals
- A special visa category for nationals of Canada / Mexico under the North American Free Trade Agreement.
The information on this website is not intended to be, legal advice or a comprehensive statement of law. You should consult with an attorney for advice regarding your situation. I invite you to contact me and welcome your calls, letters and electronic mail. However, contacting me does not create an attorney-client relationship. In short the information contained here is for informational purposes only. Please do not send any confidential information to me until such time as an attorney-client relationship has been established in any event communication from this site is not deemed confidential. No attorney client relationship is created by simply reading this site, sending email or letter. Communication with the Law Offices of Michael R. Hirman through this web site may not be considered privileged or confidential. This web site is a California Electronic Media Advertisement. It is not intended to be an advertisement or solicitation outside the state of California. The Law office of Michael R. Hirman does not maintain control over any websites linked to this one.