A pending green card application often represents hope, the culmination of months or years of work toward a more secure life in the United States. Many applicants also assume that filing this petition with U.S. Citizenship and Immigration Services (USCIS) creates a kind of legal shield for them and/or provides them with legal status in the U.S. Be aware: it does not.
At Kriezelman Burton & Associates, LLC, our Chicago-based immigration attorneys have represented thousands of individuals in everything from green card applications to removal proceedings. We understand the difficulty of determining your legal status in the eyes of USCIS and U.S. Immigration and Customs Enforcement (ICE), especially when an application is pending and has not been approved. The questions below address what every applicant should understand in these moments.
Simply filing an application for adjustment of status or an immigrant visa petition does not suspend ICE’s authority to arrest and detain a noncitizen. While a pending Form I-485 (Adjustment of Status application) allows the applicant to enter a period of “authorized stay” and prevents the accumulation of unlawful presence, it does not grant any official legal status. Furthermore, ICE retains the authority to place individuals in removal proceedings at any stage of the application process.
Certain circumstances can significantly raise the likelihood of detention, even for applicants actively pursuing a green card. These can include:
This depends on the specific facts of the case. In some circumstances, an immigration judge has the authority to consider adjustment of status as a form of relief within removal proceedings. In others, the application may be terminated or require separate action.
Relevant factors include:
An immigration attorney can assess whether adjustment of status remains a viable option inside or outside of removal proceedings.
Detention does not necessarily mean deportation. Several legal tools may be available:
In most cases, rapid legal intervention is what makes the difference between release and deportation.
The intersection of pending applications and ICE enforcement is legally complex and high-stakes. A misunderstanding or incorrect legal strategy at this stage can result in detention, removal, and a bar to future immigration benefits.
The attorneys at Kriezelman Burton & Associates, LLC have advocated for immigrants since 1974 in immigration court, federal court, and before USCIS. If you or a loved one is facing this situation, do not delay. Contact our office or schedule a confidential consultation online to discuss your case.
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Exceptional Legal Representation I want to sincerely thank Kevin Raica for handling my case so efficiently. From our very first meeting, he demonstrated confidence and a clear plan for moving forward, which put us at ease right away. He kept the process moving and resolved our case in a timely manner. His professionalism and dedication made a stressful situation much easier to navigate. I have already recommended his services to…
Kriezelman Burton & Associate are Excellent immigration law firm that understands and guide one through any immigration cases. Attorney Khiabett is one of their best attorneys you can trust, she understands, patient, attentive, and gives honest advice about any immigration case her client has. I HIGHLY recommend the law firm to anyone having immigration concerns. Thank you for all you do.
Outstanding experience and successful Green Card approval with Kriezelman Burton & Associates, LLC! The immigration process can often be stressful and overwhelming, but working with Kriezelman Burton & Associates, LLC in Chicago made the entire journey smooth, transparent, and successful from start to finish. I want to express my deepest gratitude to Justin Burton for his exceptional professionalism, strategic guidance, and confidence from day one. Knowing my case was in…
Kevin Raica literally saved my life. He helped me out of a dangerous situation that my previous attorney had put me in. After 17 years without status and 6.5 years of working with my previous attorney, I had experienced so many denials that I had completely lost hope. When I met Kevin, everything changed. He genuinely cared about my situation and gave me hope when I couldn’t see any for…
We sincerely thank the entire team for the professionalism, responsiveness, patience, and dedication shown throughout our case. From our very first visit, Justin reassured us that everything would be all right. Thank you, Khiabett, for your expertise, professionalism, and calm guidance before and during the interview, which greatly reduced our stress and gave us confidence. We also deeply appreciate Kamila's hard work, patience, and responsiveness throughout the process. For sorting…
I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…

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