Change or Extension of Status

If you are residing in the U.S. on a nonimmigrant status you may be able to change your status to another nonimmigrant or immigrant category pursuant to INA Sec.248, 8 U.S.C. Sec.1258. For example, a B1 business visitor may need to stay in the U.S. longer in order to help his foreign employer establish a U.S. branch office. In this case, if the foreign national is to be paid out of the U.S. office, he will need to change his status to a work authorized category, such as L1A or L1B category.

Employment Authorization

Federal Regulations (8 CFR Sec.274a.12-14) established three categories of persons who are eligible to work in the U.S. First, there are persons authorized to work incident to their status (e.g., lawful permanent residents, people who were granted temporary protected status, fiancées). Second, there are persons authorized to be employed, incident to their status, with specific employer (e.g., H-1B, O-1). Finally, there are persons who must apply for employment authorization (e.g., applicant for asylum, withholding or cancellation, persons with final order of removal released under order of suspension).

Advance Parole

Advance parole, or reentry permit (as it is often called) is an advanced permission to reenter the U.S. It can be granted to a person whose adjustment of status application is pending and who must leave the U.S. for a “bona fide business or personal reason.” This includes “travel for any reason which is not contrary to law or public policy.” For persons seeking adjustment of status, advance parole will be granted for multiple entries and for the time period required to complete adjustment, in one-year increments.

Detention & Bond

The local Immigration District Office makes the initial custody and bond determinations. 8 C.F.R. § 236.1(d). Upon issuance of an arrest warrant (Form I-205) by the Immigration and Customs Enforcement (ICE), a foreign national may be arrested and detained by ICE. It should also be noted that “in the event of emergency or other extraordinary circumstances,” ICE can also arrest and detain foreign national for up to 48 hours even without issuing arrest warrants. See 8 C.F.R. § 287.3(d). During or immediately before the expiration of the 48 hours, ICE must make a determination of whether to release the detainee on bond or release the detainee on his or her own recognizance, or continue to detain the alien and issue a Notice to Appear (NTA).

Criminal Relief

There are numerous crimes which can make a non-citizen inadmissible or removable. However, the immigration consequences of criminal convictions can be eliminated through an array of post-conviction remedies.

Nonimmigrant Visa

The United States offers many nonimmigrant visa options. In fact, most foreign nationals can qualify for three or more nonimmigrant visa options. However, the type of visa you initially choose may have a direct impact on your ability to subsequently immigrate to the United States.

Experienced Attorneys Supporting Immigration Services

If you’re looking for a way to connect with a law firm, scheduling a call may be the best option for you. You can talk to a representative about your specific legal needs, and you can get an idea of what the process of hiring a lawyer might look like. Plus, by scheduling a call, you can avoid any potential surprises or delays in the process.