AOS takes place when an investor is already in the U.S. on a non-immigrant visa and applies to have their status “adjusted” to an immigrant category. By contrast, if the investor and their dependents are located outside the U.S., the family must go through CP at the U.S. Embassy or Consulate located in or one designated to their home country. In some instances, an investor can choose another consulate located outside of their birth country if they maintain a connection to that country, such as maintaining residency.
The applicant or any of the dependents may be denied individually on the grounds of “inadmissibility”.
What is Inadmissibility?
An investor who is inadmissible is not permitted to enter or remain in the U.S. after inspection by an immigration or consular officer. Grounds for inadmissibility include: health-related considerations, unlawful presence, fraud or misrepresentation, criminal grounds, national security reasons, likelihood of becoming a public charge to the U.S. Government, or lack of labor certification. Even if admitted lawfully to the U.S. on a nonimmigrant visa, an investor could become inadmissible based on acts committed while in the U.S. and could be subject to removal.
Waivers are available, but in limited circumstances for the above ground of inadmissibility. Waivers are also available for applicants from the travel banned countries: Iran, Nigeria, Syria, Venezuela, Yemen, Somalia, Libya, North Korea, Eritrea, Kyrgyzstan, Myanmar, Sudan, and Tanzania. Please contact MSA Global to discuss waiver opportunities or other options that may benefit persons from the above countries.