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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Aug 27, 2019

By Kriezelman Burton and Associates

How to Obtain a Green Card

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A green card provides immigrants permanent resident status, even if they are not citizens of the United States. Green cards provide relief for immigrants living in the country, as it is the first step toward obtaining citizenship, and it protects them from deportation. There are a number of ways a person can obtain a green card, although the process is not easy. A Chicago immigration attorney can help the process go as smoothly and as quickly as possible and give you the best chance of getting a green card. Read on to learn the steps you must take to obtain a green card.

Your Eligibility Status

Obtaining a green card through a family member is one of the most popular methods of gaining permanent resident status. If you are a direct relative of a United States citizen, they can file a petition for you to live in the country. You can also obtain a green card if your relative is not a citizen but is considered a permanent resident. This process takes a bit longer and is a bit more complicated, but it is possible.

You can also obtain a green card through your employer. If you are already permanently employed, your employer can fill out Form I-140 and obtain labor certification. If you are not an employee, but an entrepreneur who plans on creating jobs in the United States, you can also obtain a green card. You must also invest $1,000,000 or $500,000 in an employment area, and file Form I-526.

Refugees can enter the United States as refugees, or if an immediate family member is a refugee. If you do enter the country as a refugee, you must apply for permanent resident status within one year of entering America.

Petitions and Visas

The next step in obtaining a green card is determining which petition you must file. The petition filed will depend on whether you are applying for a green card based on a relative or employment. Typically, your family member or employer will file the petition on your behalf. Rarely do applicants file these petitions on their own, although it does sometimes happen.

After the petition is filed, you then need to determine if there is a visa available for you. Certain visas have a limited amount that are distributed each year. There is no limit for those applying for a green card through direct relatives. After the petition is filed, you will receive a Visa Bulletin that will state if there are limitations on the type of visa for which you are applying. The Bulletin will also include instructions on how to check your place in the queue, or line, of visa applicants.

If a visa is available to you, you can then file Form I-485. This form allows you to adjust your status or register as a permanent residency. Filing this form costs $1,070. If you are trying to get a green card through a family member, you can file this form at the same time your relative files the petition. You may have to include supporting documentation with the form, so it is important to read the instructions carefully.

The Last Steps

To obtain a green card, you must have your fingerprints and photograph taken. The USCIS will also perform a background check. In certain cases, the USCIS will also call you in for an interview. Sometimes, the family member who filed the petition is also asked to attend the interview. It is of crucial importance that you attend this interview on the date and time requested and that you bring travel documents, passports, and any other relevant information with you.

After these steps, the USCIS will make a decision on your application. If they deny your application, you can file an appeal. If the USCIS approves your application, they will send further instructions on how to obtain your green card, and when you must renew it.

Call an Illinois Immigration Lawyer Today

A green card holds many benefits for those who wish to remain in the country on a permanent basis. However, the process of obtaining a green card is long and often arduous. A Chicago immigration lawyer can help expedite the process and make it easier on you. If you want to obtain a green card for yourself or file a petition for one on someone else’s behalf, contact Kriezelman, Burton & Associates, LLC. We will walk you through every step of the process and give you the best chance of success. Call us today or contact us online so we can begin reviewing your case.

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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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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.

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How to Obtain a Green Card

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