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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Sep 10, 2019

By Kriezelman Burton and Associates

What Happens if You Fail the Citizenship Test?

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To obtain U.S. citizenship, you must first take a citizenship test. The test includes an English portion, which tests your ability to read, write, and understand English. It also includes a civics test, which will test your knowledge of American history and politics. Of course, the goal is to pass these tests. If you do, you could be approved for United States citizenship that day. If you do not pass the test, it is certainly discouraging, but your situation is not hopeless.

10Options After Failing the Citizenship Test Once

If you failed the citizenship test and the USCIS had no other reason for denying your application, such as a criminal record, they will allow you to take the test again. You must only take the portion of the test you failed. If you failed both tests the first time, you will have to take both tests again.

The test is not taken the same day you failed the first test. The USCIS will send you a notification of your second interview in the mail. The date is typically set within 60 to 90 days of your first interview. This allows you some time to study and practice. To help you study, the USCIS has practice tests you can use.

If you feel 60 to 90 days is not enough time, you can apply for a postponement. You must make the request in writing and provide a reasonable explanation of the reason for postponement. You can also simply not attend the second interview and begin the citizenship application process again. If you choose this option, it is important to contact USCIS and inform them of the fact that you will not attend the second interview. If you do not tell them and miss the interview without good reason, the USCIS will deny your application for citizenship.

Options After Failing the Citizenship Test Twice

Failing the citizenship test for the second time seems hopeless, but it is not. If you take the test a second time and still do not pass, you can ask the USCIS for a hearing. To do this, you must file Form N-336 and include a fee or a fee waiver. At the hearing you can provide a statement if you believe the USCIS wrongfully denied your application or wrongfully failed you after your test.

At the hearing, you will also have to take the test for the third time. If you fail the test again, your application for citizenship will be denied. If you still wish to obtain citizenship, you must study and practice and begin the citizenship process over again.

Contact an Illinois Immigration Lawyer Today

Applying for citizenship is difficult, and the tests are not easy for those unfamiliar with the country, or the language. If you want to apply for United States citizenship, contact the Chicago immigration lawyers at Kriezelman, Burton & Associates today. We will walk you through the process and guide you through the process of taking the citizenship test to give you the best chance of success with your citizenship application. Call us today or contact us online so we can begin reviewing your case.

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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 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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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

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What Happens if You Fail the Citizenship Test?

Looking for A Specific Post? Search Below

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10Options After Failing the Citizenship Test Once

Options After Failing the Citizenship Test Twice

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