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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Nov 13, 2018

By Kriezelman Burton and Associates

What You Need to Know About the Family Separation Policy

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As of June of this year, more than 2,000 children have been separated from their parents at the U.S. border, a result of Attorney General Jeff Session’s announcement of the new “zero tolerance” policy, or “family separation policy,” which mandates that all individuals who attempt or who have crossed the border illegally be arrested and criminally prosecuted. While the parents sit in jail, the children are left in cells at the border, alone. At Kriezelman, Burton & Associates, we cannot bear to think of families being separated, much less children from their parents, and we do everything in our power to ensure that families stay together. Sometimes that entails defending clients in a court of law while other times it merely entails educating potential migrants. This post does the latter and provides brief details about the family separation policy.

What is the Family Separation Policy?

The family separation policy is precisely what it sounds like—a policy that supports the splitting up of parents and children should they be found crossing the U.S. border illegally. The concept was introduced in May when Sessions announced that the U.S. would take a stricter stance on illegal immigrants crossing the Mexican border. To emphasize the policy’s purpose, Sessions said, “If you are smuggling a child then we will prosecute you, and that child will be separated from you as required by law.” As if to justify such cruel and inhumane procedures, he further emphasized, “If you don’t like that, then don’t smuggle children over the border.”

From April 19 to May 31, approximately 1,995 children were torn from their parents.

What Has Become of the Children?

Children who are separated from their guardians at the border are not sent to live with family members, as one might expect, and nor are they put in the care of the state. Rather, they are kept in holding facilities run by the Office of Refugee Resettlement within the Department of Health and Human Services. These holding facilities take the form of abandoned warehouses, closed department stores, and converted supermarkets.

What Do the Experts Have to Say of the Policy?

Experts across the board have been citing statistics and findings regarding the harm such a maneuver can pose on a child’s mental well-being. Social workers, psychological experts, pediatricians, mental health groups, and human rights activists alike have been calling the policy “uniformly dangerous, inhumane, and deeply worrisome,” and anticipate that enforcement of the policy will result in long-term deleterious effects and irreversible developmental harm to those affected. Many mental health professionals agree that removing a child from his or her caregiver can create acute distress and hinder a child’s ability to cope and self-soothe in the future, which paves the way for mood conditions, personality disorders, psychiatric disturbances, and post-traumatic stress disorder.

What Can You Do if Your Family Has Become Victim of This Policy?

If you have been separated from your loved ones at the border, you may be feeling hopeless, angry, and alone. These are all completely normal emotions to be feeling. However, know that you are not alone and that you are not hopeless. Our Chicago immigration attorneys at Kriezelman, Burton & Associates, have been fighting for the rights of immigrants and their families for over 40 years, and now we are prepared to fight for you. Contact our office today to discuss your strategy for reunification and possible remedies for your pain and troubles.

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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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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

312-332-2550

What You Need to Know About the Family Separation Policy

Looking for A Specific Post? Search Below

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What is the Family Separation Policy?

What Has Become of the Children?

What Do the Experts Have to Say of the Policy?

What Can You Do if Your Family Has Become Victim of This Policy?