What is Adjustment of Status?

Adjustment of Status is the process used by certain people already in the United States to apply for a green card without having to leave the country. It allows an applicant to move from a temporary nonimmigrant status to lawful permanent resident status inside the U.S., instead of completing the process through a U.S. consulate abroad, which is known as consular processing.

EWI stands for “Entry Without Inspection.” It describes entering the United States without going through an official port of entry or being inspected by an immigration officer. Even if a person later encounters or is processed by border officers, the original entry is still considered EWI. This is a specific legal concept and is not the same as simply saying someone entered the country “illegally.”

What is Consular Processing?

Consular processing is the procedure used when a person applies for U.S. permanent residency through a U.S. embassy or consulate outside the United States. A qualifying family member or employer files a petition, and once it is approved and a visa is available, the applicant completes the immigrant visa process at the consulate in their home country. After entering the United States on that immigrant visa, the person becomes a lawful permanent resident.

Why Do I Have to Consular Process?

Some applicants must complete their green card process outside the United States because of how they entered the country or their immigration status at the time they apply. People who entered without inspection and certain individuals who are out of status on the filing date are often required to leave the U.S. and apply at a consulate in their home country. There are limited exceptions, such as qualifying for relief under section 245(i), that may allow processing inside the United States.

What is the Ten-Year Bar?

The ten-year bar applies to individuals who accrue more than one year of unlawful presence in the United States and then depart. Once they leave, they become inadmissible and are generally barred from returning for ten years. In some cases, a waiver may be available. If the applicant can show that a U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if they had to remain outside the country, they may qualify for a waiver such as Form I-601 or I-601A.

What are PERM Applications?

PERM is the employment-based labor certification process that many U.S. employers must complete before sponsoring a foreign national for permanent residence. The employer first obtains a prevailing wage determination from the Department of Labor and then conducts specific recruitment steps to see if there are qualified U.S. workers available for the position. If no qualified U.S. workers are found and all requirements are met, the employer can file a PERM application. An approved PERM allows the employer to move forward with sponsoring the employee’s green card.

Habeas, short for Habeas Corpus, is a legal procedure used to challenge unlawful or excessively long detention by the government. In the immigration context, it is often used for people who have been detained for a long time, frequently after receiving a removal order, when the government has not carried out the deportation. Through a Habeas Corpus petition filed in federal court, a judge reviews whether there is legal justification for continued detention and can order the person’s release if the detention is found to be unreasonable.

What Are Removal Proceedings?

Removal proceedings are the formal court process in which the Department of Homeland Security seeks to deport someone it believes is in the United States in violation of immigration law. During these hearings, an immigration judge decides two main questions: whether the person is removable and, if so, whether they qualify for any form of relief that would allow them to stay in the United States. The judge hears evidence and arguments from both sides and issues the final decision.

What is a Master Calendar Hearing?

A master calendar hearing is the first hearing in most immigration removal cases. It is a preliminary hearing where the immigration judge handles scheduling and procedural issues, such as confirming the charges, taking pleadings, identifying any applications for relief, and setting future hearing dates. The judge may also make important decisions at this stage, including whether to schedule an individual merits hearing, deny certain applications, or in some cases order removal if appropriate.

What is Writ of Mandamus?

A writ of mandamus is a lawsuit filed in federal court asking a judge to order a government agency or official to perform a legal duty that has been unreasonably delayed. In immigration cases, it is often used when an application or petition has been pending for a long time without a decision. To succeed, the applicant must show that the agency has a clear duty to act, that the applicant has a right to a decision, and that the delay is not reasonable. If the court agrees, it can order the agency to make a decision on the case.

312-332-2550

CONTÁCTENOS HOY

≡Menu

May 14, 2019

By Kriezelman Burton and Associates

Applying for Citizenship? Stay Away From Marijuana

Looking for A Specific Post? Search Below

Marijuana does not carry the stigma it used to. With states like Colorado and Washington legalizing marijuana in many different forms, and states like Illinois decriminalizing marijuana, people found in simple possession are no longer considered criminals. In fact, people across the country are even beginning to work in the marijuana industry and place their money in marijuana stocks. However, those applying for citizenship must understand the negative impact any activity related to marijuana can have on their application.

USCIS Requirement for Good Moral Character

The United States Citizenship and Immigration Services (USCIS) has many regulations for granting citizenship and helping immigrants with naturalization. One of these requirements pertains to good moral character. Citizen applicants must show that they have good moral character before they are granted citizenship.

For someone to have good moral character means that they will act within the expectations of a law-abiding society and that they will contribute to that society. Generally, the law identifies those with good moral character as honest and respectable people who follow state and federal law.

When it comes to marijuana, the good moral character requirement is a real problem for many applying for citizenship. This is true regardless of the status of marijuana in the state the applicant lives.

Marijuana and the Federal Controlled Substances Act

Although it is true that many states are legalizing marijuana for both medical and recreational purposes, it remains an illegal substance under federal law. It is considered a Schedule I drug under The Controlled Substances Act (CSA) and thus, is not considered to have any medical use.

Possessing, manufacturing, producing, distributing, or dispensing marijuana are all considered federal offenses. The USCIS will not consider anyone who breaks federal law to have good moral character. Committing an offense pertaining to marijuana under federal law can bar someone from being granted citizenship.

It is important to understand that the law does not require a criminal conviction in order to bar someone citizenship based on marijuana offenses. In some instances, citizenship is barred when a person admits to a marijuana offense. Anyone who benefits financially from a spouse’s or parent’s trafficking of marijuana could also be barred from citizenship. This holds true even if the spouse or child did not personally participate in the act of trafficking.

Need Help with Your Citizenship? Contact a Chicago Immigration Attorney

Applying for citizenship is an extremely exciting time. As a citizen, you will enjoy the same protection and rights as all other American citizens. However, this is not a process you should go through alone. An Illinois immigration attorney can give you the best chance of success with your application.

If you are applying for citizenship to the United States, call Kriezelman, Burton, & Associates at (312) 332-2550. We know how exciting this time is, and we want to help ensure the celebration continues. Call us today or fill out our online form if you have questions about your immigration status, or need help with your eligibility for naturalization. One of our attorneys will discuss your case with you in complete confidentiality, and advise on the next steps to take on your way to becoming an American citizen.

Six Reasons to Hire a Chicago Immigration Attorney

How to Bring Your Fiancé or Spouse to the United States

Lo que dicen nuestras clientas

Calificación de 5 estrellas | Basado en 200+ reseñas de clientes satisfechos en Google

My experience with Kriezelman Burton & Associates was excellent. We worked with Jennifer Peyton, for removal proceedings due to being detained by ICE. Jennifer worked diligently and was responsive. Jennifer was supportive throughout the whole process and showed compassion. With the help of Jennifer and the help of the firm, we were able to get the removal proceedings stopped and received permanent residency. I am so thankful for Kriezelman Burton…

Sarah P.

The Best human being to have your back when you really need it!!! Mr Burton's professionalism and sharpness saved my family....!!!!!

Jordan K.

I cannot say enough amazing things about Kriezelman Burton & Associates and Attorney Jennifer Peyton. They are truly a godsend. Jennifer worked day and night on my brother’s case, and her dedication never wavered for a single moment. She consistently communicated with my sister-in-law and me, making sure we understood every step of the process and always keeping us informed. She built an incredibly structured and solid case for my…

Daniel P.

I recently had the privilege of working with Attorney Brittni Rivera of Kriezelman, Burton & Associates on a habeas corpus case. From the very beginning, she demonstrated exceptional knowledge, integrity, and attention to detail. She was consistently responsive—always just an email away—and made me feel supported through every step of the process. Her guidance brought clarity during a very difficult time, and I am truly grateful for her dedication and…

Angie S.

So many immigration firms in Chicago who do you choose? I can tell you with certainty this is the place to go for you and your loved ones. My wife came over across the border under the Biden years. Our application was sent in, in May and by November we got approved for her 485. This law firm handles many cases of all different kinds so they just know what…

Amit G.

My God, if I could give 10 stars, I would. My family and I are so grateful, first and foremost to God and to attorney Brittni Rivera, who helped us free my husband. He was detained by ICE in Chicago and transferred to Michigan. The process after hiring attorney Brittni Rivera took only 15 days, when I was given about a month. It was incredibly fast and effective.

Carmen H.

Our family is sincerely grateful to attorney Nicole M. Provax from Kriezelman Burton & Associates, LLC for her professionalism, dedication, and support, as she guided us through every step with care and understanding. Thanks to her guidance, our case reached a positive outcome. We truly appreciate everything she has done for our family and highly recommend her and the firm.

Lesia B.

I am grateful for the guidance and support we received from Kriezelman Burton & Associates. Attorney Andrea was AMAZING, always helpful, responsive, and kept us updated with every new development(even at late hours). We first reached out to her when someone close to us was detained by ICE while working construction inside a friend’s house. Andrea immediately stressed the importance of filing a habeas corpus petition as soon as possible,…

Kristina T.

We are incredibly grateful for the guidance and support we received from Kriezelman Burton & Associates during our family’s Green Card petition process. We had a very complicated case that several other lawyers could not take on, but that was not the case with Kriezelman Burton & Associates. From the beginning, our Attorney Mr. Kevin Raica made us feel heard, supported, and confident that our case was in good hands.…

Joe B.

Highly recommend Attorney Erin Cobb and her entire team. Extremely knowledgeable, compassionate, and urgent to serve and solve any issue.

Edwin S.

See More Reviews

¡Programe una consulta!

Publicidad de abogados. Esta información está diseñada solo para información general. La información presentada no debe interpretarse como asesoramiento legal formal ni como la formación de una relación abogado/cliente. Los resultados y testimonios anteriores no son garantía ni predicción del resultado de su caso, y no deben interpretarse como tales. Los resultados pasados no pueden garantizar el rendimiento futuro. Cualquier resultado en un solo caso no pretende crear una expectativa de resultados similares en asuntos futuros porque cada caso involucra muchos factores diferentes, por lo tanto, los resultados diferirán caso por caso. Al proporcionar información de contacto, los usuarios reconocen y dan su consentimiento explícito para ser contactados a través de los métodos de comunicación proporcionados, incluido SMS. Se pueden aplicar tarifas por mensajes y datos. La frecuencia de los mensajes puede variar. Responda STOP para optar por no participar.

312-332-2550

312-332-2550

312-332-2550

Applying for Citizenship? Stay Away From Marijuana

Looking for A Specific Post? Search Below

Categories

Archives

Search

USCIS Requirement for Good Moral Character

Marijuana and the Federal Controlled Substances Act

Need Help with Your Citizenship? Contact a Chicago Immigration Attorney

Related Posts: