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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Oct 13, 2022

By Kriezelman Burton and Associates

Requirements for Nonimmigrant Visas

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Immigration can be a complex process. Nonimmigrant visas are one of the most popular ways to temporarily secure legal residency in the United States. Students, tourists, business professionals and other individuals may only need to live in the U.S. for a short amount of time and therefore do not need permanent residency. Those seeking temporary residency have several options to select from.

Below, we delve into different types of non-immigrant visa and their requirements. If you need additional assistance choosing a visa, call our Chicago immigration attorney at Kriezelman Burton & Associates, LLC Group to explore possible solutions.

Nonimmigrant Visa Requirements: Who Can Receive One?

A nonimmigrant visa is granted to noncitizen individuals looking to work, study or receive medical treatment in the United States. Immigration law determines the type of visa the person will need, depending on the reason for travel. Typically, the foreign national will apply directly to the embassy or consulate while abroad for a business nonimmigrant (B-1) or a tourist (B-2) visa. However, you will likely need to provide authorized documentation before applying.

Moreover, a visa does not guarantee you may travel freely to the United States. A consular at an embassy abroad will examine your intentions to enter the U.S. The inspection will reveal whether the applicant is eligible for a nonimmigrant visa based on the evidence procured.

In certain cases, it’s possible to stay in the U.S. temporarily without a visa. The Visa Waiver Program grants citizens from 40 designated countries the right to stay in the U.S. for tourism or business purposes for no longer than 90 days. In order to qualify, you must provide all of the necessary biometric data and documentation, which an attorney can help you prepare.

Types of Nonimmigrant Visas

Depending on your reason for travel, you may be eligible to apply for one of the three primary types of nonimmigrant visas:

Visitor Visas. Those planning to temporarily stay in the U.S. for tourism purposes will need a B-1 or B-2 visa if the Visa Waiver Program does not cover their home country. The length of stay is indicated on the I-94 Form, although visitors are allowed to leave and return throughout the period the visa is valid.

Study Visas. Students looking to study in the U.S. will also require a visa. Several options are available, including an F-1 visa, valid for full-time students at high schools, colleges, seminaries and other designated institutions. The spouse or child of an F-1 visa holder may be eligible for an F-2 visa.

Employment Visas. An employment visa grants temporary entry. With an employment visa, you cannot work in the U.S. indefinitely. Your employer will need to petition with the USCIS so you can receive a nonimmigrant work visa. Typically, employees will also need at least a bachelor’s degree and an employer sponsor to obtain a visa for temporary work.

Contact a Knowledgeable Immigration Attorney

If you are hoping to work or study in the U.S. but aren’t sure which visa is right for you, reach out to a Chicago immigration attorney. Kriezelman Burton & Associates, LLC Group provides the insight needed to secure the right visa based on your specific circumstances. Call now for a consultation.

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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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312-332-2550

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Requirements for Nonimmigrant Visas

Looking for A Specific Post? Search Below

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Nonimmigrant Visa Requirements: Who Can Receive One?

Types of Nonimmigrant Visas

Contact a Knowledgeable Immigration Attorney