Immigration FAQ

A green card is known as a permanent resident card and allows you to work and live in the United States permanently. There are different categories of green cards, and they may be available to certain family members of citizens or lawful permanent residents, certain employees, victims of abuse or those under asylum or refugee status, and other categories of persons. Once you obtain a green card, you may qualify to undergo the naturalization process to become a United States Citizen.

Once you obtain a green card, you have the same rights as other permanent residents to live and work in the United States indefinitely. However, green cards must be renewed every 10 years generally. The exception to this rule applies to those who have a marriage-based green card and have been married for less than two years upon obtaining status as a permanent resident. Known as a conditional green card, holders of these must file a petition plus proof of a bona fide marriage within 90 days prior to the two-year anniversary of obtaining permanent resident status. Once the petition is approved, the holder of the conditional green card will be granted the green card to be renewed every 10 years.

Failure to renew a green card can result in issues with obtaining employment, renewing a license, or re-entering the country. Additionally, failure to file a petition to remove conditions of a conditional green card can result in deportation or removal proceedings being initiated against you.

When deportation proceedings are initiated, the United States Immigration and Customs Enforcement, otherwise known as ICE, will issue a Notice to Appear. The notice will provide reasons why an alien should be removed or deported. You will be served with the notice, and it will be filed in Chicago’s Immigration Court. A hearing will take place, and a judge will determine whether the information in the notice is correct. If the judge finds the information is correct, the alien will be removed.

If you have questions or need assistance in submitting any immigration petitions and supporting documents, an attorney with experience in immigration law can help. Call Sverdloff Law Group. Our staff is available to help those in the Chicago and southern Wisconsin areas and speak Ukrainian and Russian. Contact us and schedule your consultation today.

A filing fee is required for many immigration forms. If you do not submit the correct fee, USCIS will reject your form.  Please click here to view the fee schedule.

Sverdloff Law Group is a full-service immigration law firm handling U.S. immigration matters nationwide and abroad. Our practice includes ICE detention and immigration bond, habeas corpus litigation for unlawful detention, mandamus and Administrative Procedure Act lawsuits for USCIS delays, removal defense in Immigration Court, asylum (affirmative and defensive), VAWA self-petitions, T visas, U visas, TPS, humanitarian parole, family-based immigration, adjustment of status, K-1 fiancé(e) visas, employment-based immigration including EB-1, EB-2, EB-2 National Interest Waiver, EB-3, L-1, and H-1B, waivers of inadmissibility, FOIA requests, employer I-9 audits and compliance, stays of removal, appeals, and complex federal court immigration litigation.

Yes. Immigration law is federal. Sverdloff Law Group represents clients throughout the United States and abroad in immigration matters involving USCIS, Immigration Court, ICE, CBP, U.S. consulates, and federal courts.

Yes. ICE detention and bond representation is a core part of our practice. We represent detained individuals nationwide in bond proceedings, custody redeterminations, habeas corpus actions, and removal defense.

You should contact an experienced immigration attorney immediately. ICE detention cases are extremely time-sensitive, and early legal intervention can affect bond eligibility, detention length, and available relief.

Yes. Immigration detention is civil, not criminal. Many individuals detained by ICE have no criminal record or only minor immigration violations.

An immigration bond allows certain detained individuals to be released from ICE custody while their immigration case proceeds.

Bond eligibility depends on detention category, immigration history, manner of entry, prior removal orders, and criminal issues. Some individuals are subject to mandatory detention and are not eligible for bond.

Yes. Bond may be denied based on flight risk, immigration history, or statutory detention provisions even without criminal convictions.

Yes. ICE may transfer detained individuals across state lines, sometimes without notice, which can affect court jurisdiction and legal strategy.

Habeas corpus is a federal court action challenging unlawful physical detention by ICE or the Department of Homeland Security.

Habeas may be appropriate in cases of prolonged detention, denial of bond eligibility, unlawful custody, failure to release after bond, or violations of due process.

No. Habeas corpus is a separate federal court matter and requires a separate retention agreement and additional legal fees.

A mandamus action asks a federal court to compel USCIS to adjudicate an application that has been unreasonably delayed.

Mandamus may be appropriate for adjustment of status, family petitions, removal of conditions, naturalization, asylum applications, employment-based petitions including EB-1, EB-2, EB-2 NIW, EB-3, L-1 and H-1B matters, EADs, advance parole, and post-interview cases with no decision.

No. Mandamus compels USCIS to make a decision, not to approve the application.

We handle asylum, VAWA self-petitions, T visas for victims of trafficking, U visas for victims of qualifying crimes, TPS, humanitarian parole, and related humanitarian relief.

Affirmative asylum is filed with USCIS. Defensive asylum is raised in Immigration Court during removal proceedings.

Yes, with limited statutory exceptions.

Adjustment of status allows eligible individuals already in the United States to apply for lawful permanent residence without leaving the country.

Yes. Adjustment of status may be based on family-based or employment-based petitions, including EB-1, EB-2, EB-2 National Interest Waiver, and EB-3, subject to eligibility and visa availability.

A K-1 visa allows a foreign fiancé(e) of a U.S. citizen to enter the United States for the purpose of marriage within 90 days of entry.

Yes. We handle EB-1 extraordinary ability, EB-2, EB-2 National Interest Waiver, EB-3, L-1 intracompany transferee visas, and H-1B specialty occupation cases.

Yes. Employment-based cases are frequently delayed and may be appropriate for mandamus litigation when delays become unreasonable.

Yes. Sverdloff Law Group assists employers nationwide with I-9 audits, internal compliance reviews, training, risk assessment, and responses to ICE Notices of Inspection.

A FOIA request seeks immigration records from USCIS, ICE, CBP, or EOIR.

They help identify prior entries, removal orders, enforcement actions, and immigration filing history.

Yes. We handle appeals to the Board of Immigration Appeals in appropriate cases.

Yes. In limited circumstances, we may seek stays of removal or emergency relief in Immigration Court or federal court.

If ICE comes to your home, you have the right to remain silent and you do not have to open the door unless ICE presents a valid judicial warrant signed by a judge. You may ask officers to slide the warrant under the door or hold it up to a window for review. An ICE administrative warrant, including Form I-200 or Form I-205, is not a judicial warrant and does not require you to open the door. If ICE does not have a valid judicial warrant, you may state that you do not consent to entry and that you wish to speak with an attorney.

Sverdloff Law Group offers both free and paid consultations depending on case type, urgency, and stage of the process. New humanitarian filings such as asylum, VAWA, T visas, and U visas may qualify for a free initial consultation. New USCIS filings, employment-based matters, federal litigation, employer compliance matters, and cases already in progress generally require a paid consultation.

No ethical attorney can guarantee outcomes in immigration law.