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 18, 2026

By Kriezelman Burton and Associates

What Happens If Your Spouse Withdraws Support During the Green Card Process?

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The journey to obtaining a Green Card through marriage is built on the foundation of a shared life and mutual support. When that support is unexpectedly withdrawn by your spouse, it can feel like your entire future in the United States is in jeopardy. At Kriezelman Burton & Associates, LLC, we understand the profound stress and uncertainty this situation creates. A spouse withdrawing their petition is a serious obstacle, but it does not automatically mean deportation. We are here to provide the assured legal guidance you need to explore your options and protect your rights.

How USCIS Verifies a Legitimate Marriage

U.S. Citizenship and Immigration Services (USCIS) invests significant resources into verifying that a marriage is “bona fide”, that is, entered into with the genuine intent to build a life together, not just to obtain an immigration benefit. From the moment you file your initial petition, your case is under scrutiny.

Officers look for evidence of a shared life and also for potential red flags.

Common Verification Procedures: This includes reviewing the extensive documentation you provide, conducting a detailed interview (the Stokes interview) where you and your spouse are questioned separately, and sometimes making unannounced site visits to your home.
Red Flags: Adjudicators are trained to look for inconsistencies. These can include different answers to interview questions, a lack of shared financial documents, significant age or cultural differences, and a history of prior marriage-based petitions.

Proving Your Marriage Was Bona Fide

Even if your spouse withdraws their support, the most critical element of your case remains proving your marriage was entered into in good faith. You must demonstrate that, at the time you were married, you intended to live as a married couple. Strong evidence is your best defense.

Essential documentation includes:

Financial Commingling: Joint bank account statements, joint tax returns, joint credit card statements, and life insurance policies listing each other as beneficiaries.
Shared Residence: A lease or mortgage in both names, utility bills addressed to both of you at the same address, and copies of both of your driver’s licenses showing the same address.
Evidence of Your Relationship: Photographs together over time (with family and friends), travel itineraries from trips taken together, and affidavits from friends, family, and community members who can attest to the legitimacy of your relationship.

Implications of a Withdrawn Petition

When a U.S. citizen spouse withdraws the I-130 petition or I-864 Affidavit of Support, it triggers an immediate review of your case. If the withdrawal happens before your Green Card is approved, USCIS will likely issue a Notice of Intent to Deny (NOID). If it happens after you have received a two-year conditional Green Card, it complicates the process of removing those conditions.

The key is to act quickly. You may still have options available, such as filing a self-petition under the Violence Against Women Act if you have been the victim of battery or extreme cruelty by your spouse. For those with conditional residency, you may be able to file for a waiver of the joint filing requirement if you can prove you entered the marriage in good faith, but it was terminated, or if you would suffer extreme hardship if removed from the U.S.

Contact Us

This situation requires legal representation. The team at Kriezelman Burton & Associates, LLC, is prepared to offer the empathetic support and professional advocacy you need. We will help you understand your rights and build the strongest possible case to secure your future in the United States.

If your spouse has withdrawn support for your Green Card application, contact Kriezelman Burton & Associates, LLC, today.

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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…

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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…

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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…

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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…

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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…

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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…

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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.

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312-332-2550

312-332-2550

What Happens If Your Spouse Withdraws Support During the Green Card Process?

Looking for A Specific Post? Search Below

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How USCIS Verifies a Legitimate Marriage

Proving Your Marriage Was Bona Fide