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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Litigation

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The federal courts may be useful to seek review of a Department of Homeland Security action or simple failure to act. The federal courts have the power to order the Department to take action on long-delayed applications or petitions. This is an especially useful tool with the Immigration Service, where applications sometimes linger in the system for years on end for no known reason. In addition, the federal courts have the power to review some decisions of the Department of Homeland Security, and even some of the decisions of the Board of Immigration Appeals. Federal courts may be the only recourse when a family member is detained for a lengthy period of time. Our attorneys are experienced litigators in the federal courts.

Delay Litigation:

Under federal law, an agency of the U.S. government is required to complete a matter presented to it within a “reasonable” time. U.S. Citizenship & Immigration Services is an agency, and is therefore required to issue decisions on application within a “reasonable” time. Sometimes, the length of time it takes the Immigration Service to decide an application falls far outside of what can be considered “reasonable” or what is normal for that type of case. In those cases, the delay may be resolved by seeking a “writ of mandamus” from a U.S. District Court. Though the court cannot grant or deny an immigration-related application, the court may be able to order the Immigration Service to do its job, and complete adjudication of the application within a certain brief period of time.

Our attorneys are experienced, federal court practitioners. We have sought time and again to hold the Immigration Service accountable, and worked within the court system to force the Immigration Service to issue decisions in delayed cases.

Federal Appeals:

In some cases, where a person was ordered removed and her applications denied by the Immigration Court, and then again by the Board of Immigration Appeals, she can seek additional review by a federal Court of Appeals. This is called a “Petition for Review.” The Courts of Appeals are limited to hearing only a small number of issues. The process is formal and particular.

Petitions for review filed in the nation’s prestigious Courts of Appeals require experienced appellate counsel. Our attorneys have filed petitions for review, drafted and filed briefs, negotiated with opposing counsel, argued before panels, and brought cases to successful conclusions throughout the United States. We have represented clients before the Seventh, Second, Sixth, and Ninth Circuit Courts of Appeals.

Other federal court actions:

Federal courts also have the power to review denied naturalization applications, to review the Department of Homeland Security’s failure to act in accordance with federal regulations, and to review some custody determinations of foreign nationals by the Department of Homeland Security.

Contact the Chicago Immigration With The Experience You Need On Your Side.

If you’re working toward citizenship, Kriezelman Burton & Associates can help. Call us at 312-332-2550 or fill out our online form to schedule a consultation. Contact us now to learn more about how a Chicago, IL, immigration attorney can help you or your family. For a sampling of our appellate work, please see the following opinions:

Niam v. Aschroft, 354 F.3d 652 (7th Cir. 2004)
Abdelqadar v. Gonzalez, 413 F.3d 668 (7th Cir. 2005)
Tabaku v. Gonzales, 425 F.3d 417 (7th Cir. 2005)
Giday v. Gonzales, 434 F.3d 543 (7th Cir. 2006)
Hashish v. Gonzales, 442 F.3d 572 (7th Cir. 2006)
Skorusa v. Gonzales, 482 F.3d 939 (7th Cir. 2007)
Zeqiri v. Mukasey, 529 F.3d 364 (7th Cir. 2008)
Hamdan v. Mukasey, 528 F.3d 986 (7th Cir. 2008)
Patel v. Holder, 563 F.3d 565 (7th Cir. 2009)
Rama v. Holder, 607 F. 3d 461 (7th Cir. 2010)
Stanojkova v. Holder, 645 F.3d 943 (7th Cir. 2011)
Pouhova v. Holder, 726 F.3d 1007 (7th Cir. 2013)

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5-Star Rating | Based on 200+ Satisfied Customer Google Reviews

Outstanding Immigration Attorney – Worth Every Penny I cannot recommend Justin highly enough as an immigration attorney. My case was extremely difficult and complex, and from the very beginning, Justin demonstrated an exceptional level of knowledge, professionalism, and dedication. He took the time to fully understand every detail of my situation and explained the entire legal process clearly and honestly, which gave me confidence during a very stressful time. While…

Hoffman

I highly recommend this law firm! They are always honest right from the initial consultation. They don't take cases just for the money. My family member was a victim of an ICE raid in Michigan on November 17th and returned home on December 30th. It could have been faster, but everything happened during the holidays (Thanksgiving and Christmas). Maya Flores was recommended by another lawyer, and the entire team has…

Iris A.

I just wanted to take a moment to thank you for all your help and professionalism throughout my green card and citizenship process. Your guidance has made everything much easier to understand, and I truly appreciate how patient, thorough, and responsive you’ve been with every question I had. I’m very grateful for your support and the quality of your work. I would gladly recommend your services to anyone who needs…

Boyan S.

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…

Sarah P.

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.

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312-332-2550

312-332-2550

312-332-2550

Litigation

Chicago Immigration Litigation Attorneys

Delay Litigation:

Federal Appeals:

Other federal court actions:

Contact the Chicago Immigration With The Experience You Need On Your Side.

Meet The Attorneys

Justin R. Burton

Erin C. Cobb

Matthew S. Kriezelman

Lauren E. McClure

Jeffrey A. Kriezelman

Brittni Rivera

Kevin Raica

Nicole Provax

Khiabett Osuna

Maya Flores

Sheila McNulty

Andrea Ochoa

Jennifer Peyton

Isabella Siragusa

What Our Clients Say

Hoffman

Iris A.

Boyan S.

Sarah P.

Jordan K.

Daniel P.

Angie S.

Amit G.

Carmen H.

Lesia B.

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