Adjustment of Status (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 Consular Processing (CP) at the U.S. Embassy or Consulate located in or one designated to their home country.
Non-immigrant (temporary) visas are generally available to qualified individuals who wish to travel to and remain in the United States for a finite period of time for a specific purpose, such as to study, undertake employment or for business visits.
Most applicants for temporary admission to the U.S., regardless of age, must have his or her own visa, unless they qualify to enter the U.S. for a short trip for pleasure or business under the Visa Waiver Program. Spouses and unmarried children under the age of 21 may apply to obtain a visa to accompany the principal applicant, but usually employment authorization is not granted to dependent visa holders.
The Board of Immigration Appeals (“BIA”) is the part of the Executive Office for Immigration Review that reviews the decisions of the Immigration Courts and some decisions of the U.S. Citizenship and Immigration Services.
It is an administrative appellate body that is part of the United States Department of Justice. BIA decisions are the final administrative action in a given case. The next stage of appeal after a BIA decision is usually in the U.S. Court of Appeals, (see below) if an appeal is allowed by statute.
There are two ways for a person to become a U.S. citizen. One is by operation of law, generally requiring no action by the individual entitled to citizenship. Examples are birth in the United States or birth abroad to U.S. citizens or nationals.
If you or someone you know is facing deportation it is important to consult an experienced attorney in both criminal defense and immigration issues. We have experience representing non-United States Citizens in both criminal proceedings and immigration proceedings. We are familiar with the immigration consequences of criminal convictions.
We represent our clients in Criminal Court Proceedings, Immigration Court Proceedings, United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) relating to visa issues and necessary waivers.