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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Mar 08, 2021

By Kriezelman Burton and Associates

What is Mandamus?

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Hello everyone. Erin Cobb here. Welcome back to Kriezelman Burton & Associates’ series on immigration terms and abbreviations. Today we are going to be talking about the term mandamus. Formally called a petition of writ of mandamus, mandamus is a type of lawsuit that is filed in federal court as a way to compel an official of the U.S. government to perform his or her duty. In the immigration context, this usually means compelling the U.S. Citizen and Immigration Services (USCIS) to decide an application that has been pending for a very long time.

Now, in this case, your lawyer has to prove three things, among others, to get the court to order the agency to make a decision. One, they must prove that the agency, usually USCIS, has the duty to decide your application. Two, that you have the right to have your application decided. And three, the real issue in these types of cases, whether the delay in making a decision is unreasonable. For example, the court could look to the expected processing times and whether your application falls outside of that, whether you’ve been harmed or there’s been some other effect upon you because of the delay, or if Congress, or the agency itself, has set particular expectations for that application that you’re not meeting.

How does this actually work? Well, the attorney will draft a document called a complaint. This is the first paper that’s filed with the court, which essentially says, “this is our problem and this is how it can be fixed.” Once the complaint has been filed with the court, the attorney has to serve or give copies to the opposing parties. In this case, the opposing parties would be the immigration service and other federal agencies.

After receiving the complaint, USCIS is automatically given 60 days to respond to the complaint. It usually uses this time to investigate why the case is taking so long. At this point, the judge that was assigned to the case will set a status hearing. The agency attorneys and your own attorneys will discuss the case and decide how to move forward. Sometimes, the agency recognizes that the amount of time the application has been pending is unreasonable, and they will just settle the case by deciding the application. Other times, however, the attorneys will wrangle and fight about it, but always through a formal written procedure in front of the judge. It is important to remember that a judge cannot order immigration to grant your application with a mandamus suit. Instead, the judge is ordering the service to decide your application. It is then up to USCIS to grant or deny the application as is appropriate.

As you can tell, the process can be short or can be drawn out. Regardless of the duration of your mandamus suit, it is advised to speak with an immigration attorney to ensure you have the correct information or go through the process in the proper way. Please never hesitate to contact the attorneys at Kriezelman Burton & Associated with any immigration cases. We are here to assist you. Call or fill out our contact form online to schedule a consultation today.

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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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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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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,…

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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.…

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What is Mandamus?

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