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.

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Jun 15, 2021

By Kriezelman Burton and Associates

FAQs on International Adoption

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Immigrating to the U.S. can be a confusing process for anyone, but when the immigrant is a child, there can be several additional issues to consider, and lots of questions. At Kriezelman Burton & Associates, LLC, our skilled Chicago immigration attorneys have helped many families successfully navigate the immigration adoption process. Here we address some of the most common questions related to adoption through immigration.

If you or a family member is considering international adoption, our office is available to answer your questions and provide assistance. Please don’t hesitate to contact us.

Can a Child Gain Permanent Resident Status Through Adoption?

Yes, but the manner in which children may enter or gain status in the United States through adoption varies widely. Adoption is very complex since the adoption must comply both with the law of the child’s country and the laws of the United States.

Are There International Laws that Apply to Adoption?

Since 2008, most international adoptions are governed by the Hague Convention. The United States is a party to the Hague Convention, and it entered into force in the United States on August 1, 2008. Every adoption finalized after that date must comply with the Hague Convention, provided the child is from a country that is also a party to the Convention. The Convention provides a number of safeguards to ensure that the child to be adopted is not a victim of trafficking or other illegal practices. Over 80 countries are parties to the Hague Convention.

Can I Adopt a Child from a Country that’s Not a Party to the Hague Convention?

If a child is not from a country that is a party to the Hague Convention, then there are two different options for adoption:

The child has lived with the adoptive parent for two years, and two years have passed since the adoption decree was entered, or
The Immigration Service determines that the child is an orphan, and the adoptive parents meet certain requirements.

To learn more about the requirements for adopting a child who is considered an orphan, please contact an experienced immigration attorney to discuss your case directly.

If I Marry a Foreign National Who Has Children, Will I Need to Adopt Their Children?

If a U.S. citizen marries a foreign national, and that foreign national already has children, the U.S. citizen may be able to petition for both the spouse and the children – no adoption necessary. If the U.S. citizen and the child’s parents were married prior to the child’s 18th birthday, the child is considered a step-child of the U.S. citizen, under immigration law. The U.S. citizen will not usually have to adopt the child to establish a step-relationship.

Contact Our Dedicated Immigration Lawyers

Adding to your family should be a time of joy, and Kriezelman Burton & Associates, LLC is dedicated to helping families who wish to grow through international adoption. To request a consultation, please call our office or complete our online contact form, and we’ll be in touch shortly.

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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.

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312-332-2550

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FAQs on International Adoption

Looking for A Specific Post? Search Below

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Can a Child Gain Permanent Resident Status Through Adoption?

Are There International Laws that Apply to Adoption?

Can I Adopt a Child from a Country that’s Not a Party to the Hague Convention?

If I Marry a Foreign National Who Has Children, Will I Need to Adopt Their Children?

Contact Our Dedicated Immigration Lawyers