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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Ene 23, 2026

By Kriezelman Burton and Associates

How Can You Stop or Delay a Deportation Order?

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Receiving a deportation order is a deeply distressing and frightening experience. The feeling of uncertainty can be overwhelming, not just for you but for your entire family. At Kriezelman Burton & Associates, LLC, we understand the profound anxiety that comes with facing removal from the United States. We are here to provide the assured, professional legal guidance you need. An order of removal is a serious legal matter, but it is not always the final word. There are legal avenues that can be pursued to stop or delay deportation, and our team is dedicated to exploring every option for you.

Options for Fighting a Removal Order

Navigating the legal system after a deportation order has been issued requires immediate and strategic action. Several mechanisms exist that may allow you to remain in the U.S. temporarily or even permanently. It is critical to consult with an experienced immigration attorney to determine which path is best suited for your specific circumstances.

Filing a Motion to Reopen

A Motion to Reopen asks the Immigration Judge or the Board of Immigration Appeals (BIA) to reconsider their previous decision. This is not simply a request for a second chance; it must be based on new facts or evidence that were not available at the time of your original hearing.

When is it useful? For example, if you have recently married a U.S. citizen, become eligible for a new form of relief, or if circumstances have changed drastically in your home country, making you eligible for asylum. A motion must typically be filed within 90 days of the final removal order, though exceptions exist.

Applying for a Stay of Removal

A stay of removal is a temporary hold on your physical deportation. It does not erase the deportation order, but it stops ICE from removing you from the country while you pursue other legal remedies. An administrative stay can be filed directly with ICE, while a judicial stay can be requested from a federal court.

How it works: If you have filed a Motion to Reopen, you can also file for a stay of removal. This ensures you are not deported while the judge considers the new evidence in your case. Securing a stay provides critical time to build a stronger legal defense.

Requesting a Bond Hearing

If you are detained by ICE, you may be eligible for a bond hearing. A bond is a sum of money paid to the government to secure your release from detention. At a bond hearing, an Immigration Judge determines if you are a flight risk or a danger to the community.

Why it matters: Being released on bond allows you to fight your case from outside of detention, making it easier to gather evidence, consult with your attorney, and continue supporting your family. Your attorney can present evidence of your community ties, employment history, and family responsibilities to argue for a reasonable bond amount.

Considering Voluntary Departure

In some situations, it may be strategic to request voluntary departure. This allows you to leave the United States at your own expense within a specified time frame, typically up to 120 days. While it means you must depart, it avoids the harsh legal consequences of a formal deportation order, which can include a bar on re-entry for many years. This option preserves your ability to apply for a visa to return legally in the future.

Navigating these options requires an in-depth understanding of immigration law and procedure. The attorneys at Kriezelman Burton & Associates, LLC, provide the empathetic support and legal representation needed to resolve these complex challenges. We will meticulously review your case, advise you on the best course of action, and fight tirelessly to protect your future in the United States.

If you or a loved one is facing a deportation order, do not wait. Contact Kriezelman Burton & Associates, LLC.

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Outstanding Immigration Attorney – Worth Every Penny I cannot recommend Justin highly enough as an immigration attorney. My case was extremely difficult and complex, and from the very beginning, Justin demonstrated an exceptional level of knowledge, professionalism, and dedication. He took the time to fully understand every detail of my situation and explained the entire legal process clearly and honestly, which gave me confidence during a very stressful time. While…

Hoffman

I highly recommend this law firm! They are always honest right from the initial consultation. They don't take cases just for the money. My family member was a victim of an ICE raid in Michigan on November 17th and returned home on December 30th. It could have been faster, but everything happened during the holidays (Thanksgiving and Christmas). Maya Flores was recommended by another lawyer, and the entire team has…

Iris A.

I just wanted to take a moment to thank you for all your help and professionalism throughout my green card and citizenship process. Your guidance has made everything much easier to understand, and I truly appreciate how patient, thorough, and responsive you’ve been with every question I had. I’m very grateful for your support and the quality of your work. I would gladly recommend your services to anyone who needs…

Boyan S.

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.

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312-332-2550

312-332-2550

312-332-2550

How Can You Stop or Delay a Deportation Order?

Looking for A Specific Post? Search Below

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