Immigration Help by Situation: Find Your Path Forward

1. I'm Facing Deportation or Removal Proceedings

Removal proceedings begin when U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP) files a Notice to Appear with the Executive Office for Immigration Review (EOIR). The NTA sets out the charges against you and schedules a master calendar hearing before an immigration judge. At that first hearing the judge will ask whether you admit or deny the charges, and whether you intend to apply for any form of relief from removal. This is not the time to make your full case — it is the procedural gateway. But decisions made at the master calendar can limit your options for the rest of the case, which is why showing up with counsel is critical.

Relief from removal takes several forms depending on your history and family ties. Cancellation of removal for non-permanent residents requires ten years of continuous physical presence in the United States plus proof of exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child. Cancellation for lawful permanent residents requires seven years of continuous residence and five years as an LPR, and the bars for criminal history are strict. Asylum and withholding of removal protect people who face persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Convention Against Torture (CAT) protection is available even when asylum or withholding is denied. Adjustment of status in immigration court may be available if you have a qualifying family petition approved or pending. Voluntary departure lets you leave on your own, which avoids the statutory bar that a formal removal order triggers, though it does not erase unlawful presence.

Immigration court proceedings are not like criminal court. The burden of proof for most relief applications falls on the respondent (you), not on the government. You must gather and present evidence, call witnesses, and make legal arguments. An experienced immigration attorney who regularly appears before the Chicago immigration court — and who can access your attorney record through EOIR's electronic filing system — can assess which forms of relief you are eligible for and build the strongest possible record. Public court data from RECAP/PACER shows which Chicago-area attorneys have active federal removal defense track records, and our attorney directory surfaces that information on attorney profiles.

A critical warning: notarios, immigration consultants, and document preparers who are not licensed attorneys or DOJ-accredited representatives are prohibited from giving immigration advice. In Illinois, unauthorized practice of immigration law is a crime. If you are in removal proceedings, using an unlicensed consultant instead of a lawyer is one of the most dangerous decisions you can make.

2. I'm Undocumented — I Have No Legal Status

Being undocumented means different things for different people. Some entered the U.S. lawfully on a visa and then fell out of status. Others crossed the border without authorization. Some have been here for decades; others arrived recently. The legal options available depend heavily on exactly how and when you arrived, who your family members are, and whether you have specific characteristics — like being the victim of a crime, having served in the military, or being a survivor of domestic violence.

For immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) who entered the country lawfully — meaning with a valid visa or at a port of entry — adjustment of status is often possible even after a visa overstay or other status violation. The key phrase is "entered with inspection": someone who entered without inspection at the border generally cannot adjust status inside the U.S. unless they qualify under the Violence Against Women Act, a few legacy provisions like INA §245(i), or have received humanitarian parole. A family petition through USCIS combined with an I-601A provisional waiver may allow someone to leave, obtain an immigrant visa at a U.S. consulate abroad, and return legally — but this strategy carries its own risks if significant unlawful presence has accrued.

Other pathways include VAWA self-petitions for people who have been abused by a U.S. citizen or LPR spouse, parent, or child; U visas for crime victims who have cooperated or are willing to cooperate with law enforcement; T visas for trafficking survivors; and asylum if you have a well-founded fear of persecution in your home country. Military parole in place provides a mechanism for some family members of active-duty service members. None of these pathways are fast, and none are guaranteed — but an attorney can tell you which ones are worth pursuing in your specific case.

Regardless of immigration status, you have important legal rights. You have the right to remain silent when approached by immigration agents. You are not required to open your door without a judicial warrant — an administrative form I-200 or I-205 is not a judicial warrant. You should not sign any documents presented by agents without speaking to an attorney. For more on your rights in an enforcement encounter, see our Know Your Rights guide.

3. I'm Seeking Asylum

There are two tracks for asylum. Affirmative asylum is available to people who are not in removal proceedings — you file Form I-589 with USCIS and attend an interview with an asylum officer. Defensive asylum arises when you raise asylum as a defense in removal proceedings before an immigration judge. Both processes evaluate the same legal standard, but defensive asylum involves the adversarial setting of immigration court, where the government attorney can cross-examine your testimony and challenge your evidence. Affirmative cases that are denied by USCIS are typically referred to immigration court for a second review, which can be protective for applicants who have not committed crimes that make them ineligible.

The one-year filing deadline runs from your most recent arrival in the United States, not from the date you decided to seek asylum. Two exceptions exist: changed circumstances (a material change in your home country or your personal circumstances that affects your eligibility) and extraordinary circumstances (a serious illness, legal disability, or similar condition that prevented timely filing). These exceptions are narrowly interpreted — do not assume they apply without legal advice. If you are approaching or have passed the one-year mark, consult an attorney immediately, because delay continues to work against you.

Spouses and unmarried children under 21 who are in the United States can be included as derivatives on your I-589 if they entered before you received a final decision. After asylum is granted, you can apply for a green card after one year. Your derivative family members can be granted asylee status and eventually pursue green cards on the same timeline. Employment authorization is available while your case is pending — you can file the Employment Authorization Document (EAD) application after your case has been pending 150 days, and authorization generally issues around the 180-day mark. For a detailed breakdown of the process, see our asylum application guide.

4. I Overstayed My Visa

Your authorized period of stay is determined by your I-94 Arrival/Departure Record, not by the expiration date printed on your visa stamp in your passport. Many people confuse the two. The visa stamp authorizes you to seek entry; the I-94 records how long you may stay once admitted. You can check your current I-94 at the CBP I-94 website (i94.cbp.dhs.gov). Unlawful presence begins accumulating the day after your authorized period expires — not when the visa stamp expires, and not when you next try to travel.

Time spent in the United States before the age of 18 does not count toward the unlawful presence bars. Certain pending applications — including timely filed applications for change or extension of status — may toll (pause) the unlawful presence clock while the application is pending, depending on when they were filed. An attorney can determine precisely how many days of unlawful presence you have accrued and whether any tolling applies.

If you are the immediate relative of a U.S. citizen and you entered the United States lawfully (with inspection at a port of entry), you may still be able to adjust status inside the United States without triggering the bars — because adjustment of status does not require departure. An I-601A provisional waiver is available for people who must leave to obtain an immigrant visa at a consulate abroad; it requires proving that denial would cause extreme hardship to a qualifying U.S. citizen or LPR spouse or parent. The waiver is applied for and approved before departure, providing some certainty before you leave.

5. I Want to Bring Family to the United States

Family-based immigration begins with a Form I-130 Petition for Alien Relative, which establishes the qualifying relationship between the petitioner (the U.S. citizen or LPR sponsor) and the beneficiary (the family member seeking to immigrate). For immediate relatives of U.S. citizens, an immigrant visa becomes available as soon as the I-130 is approved. For everyone else, the petition establishes a priority date, and the family member must wait until that date becomes "current" according to the monthly Visa Bulletin published by the State Department. You can track current and upcoming priority dates on our Visa Bulletin tracker.

The K-1 fiancé(e) visa is a faster path for U.S. citizens engaged to foreign nationals. It allows the fiancé(e) to enter the United States, after which the couple must marry within 90 days. Following marriage, the foreign spouse files for adjustment of status (Form I-485). If the marriage is less than two years old when the green card is approved, the spouse receives a two-year conditional green card and must file Form I-751 (discussed in Section 11) to remove the conditions. For marriages where the petitioner is an LPR rather than a U.S. citizen, the K-1 is not available — the couple must wait in the F-2A preference category.

Age-out protection under the Child Status Protection Act (CSPA) can preserve a child's "under 21" status for immigration purposes even after their 21st birthday, in some circumstances. The calculation is specific to the type of petition and the processing time involved. Every sponsoring U.S. citizen or LPR must file an Affidavit of Support (Form I-864) demonstrating income at or above 125% of the federal poverty line for their household size. Sponsors who cannot meet this threshold can use a joint sponsor. For a detailed walkthrough of the marriage green card process, see our marriage green card guide.

6. I Have a Work Visa Problem

Employment-based immigration in the United States is built around specific visa categories, each with its own employer requirements, government agency pathways, and transition rules. The H-1B is the most common work visa for specialty occupation workers, but it is also the most contested — the annual regular-cap lottery is held in March, and demand far exceeds the 65,000 regular-cap slots plus 20,000 master's exemption slots. If you are not selected in the lottery, alternatives include cap-exempt H-1B employers (which can sponsor year-round without lottery participation), L-1 intracompany transferee visas for managers and specialized knowledge workers, O-1 extraordinary ability visas, and TN professional visas for Canadian and Mexican citizens under the USMCA. Our H-1B visa guide covers the lottery timeline and employer obligations in detail.

Employment-based green cards follow a layered process. Most employer-sponsored categories require PERM labor certification through the Department of Labor, where the employer must document a genuine search for U.S. workers at the prevailing wage before sponsoring a foreign worker for permanent residence. After PERM, the employer files Form I-140 (Immigrant Petition for Alien Workers) with USCIS. Once an I-140 is approved and has been pending for 180 days, employment portability under INA §204(j) allows you to change employers or positions within the same or similar occupational classification without losing your priority date — a critical protection in the event of a layoff or company restructuring.

An approved I-140 preserves your priority date even if the employer later withdraws the petition, as long as the petition was approved and has been pending for 180 days. This is enormously valuable because EB-2 and EB-3 backlogs for workers born in India or China can stretch 10 to 20+ years. Protecting the priority date across job changes requires careful planning and documentation — do not let a job change undo years of accumulated waiting time without consulting an attorney first.

7. I'm an F-1 Student With Status Issues

F-1 status is maintained through compliance with the rules set by your school's Designated School Official. Full-time enrollment is required every semester except the last semester of your program (when part-time enrollment is permitted if completing degree requirements). Working on campus is generally permitted up to 20 hours per week during the school year; off- campus work requires specific authorization through Curricular Practical Training (CPT), Optional Practical Training (OPT), or USCIS authorization for economic hardship or other special circumstances. Any unauthorized employment — even a small amount — is a status violation that can affect your future immigration options.

Optional Practical Training (OPT) gives F-1 graduates 12 months of work authorization in their field of study. Students in STEM fields may apply for a 24-month STEM OPT extension, for a potential total of 36 months. There is a 90-day unemployment cap during the standard 12-month OPT period and a 150-day cap during the 24-month STEM extension. Exceeding these limits technically violates F-1 status. The cap-gap rule bridges status for F-1 students whose OPT expires between April 1 and September 30 and who have a timely filed H-1B petition for the upcoming fiscal year. For a detailed walkthrough of OPT application and STEM extension, see our H-1B visa guide, which covers the cap-gap period and transition.

If you have fallen out of F-1 status, reinstatement through Form I-539 filed with USCIS is one option. Reinstatement requires that you have not been out of status for more than five months, that you did not intentionally violate status, and that you are currently eligible for F-1 status. Processing takes approximately five months. Alternatively, if you can safely travel, departing the U.S. and re-entering on a new I-20 is sometimes faster and cleaner — but only if you have no significant unlawful presence issues. Always consult your DSO before taking either path.

8. I'm a Crime Victim or Abuse Survivor

The U visa is available to victims of qualifying crimes — including domestic violence, sexual assault, trafficking, robbery, extortion, and many others — who have suffered substantial physical or mental abuse and are willing to assist law enforcement in the investigation or prosecution of the crime. The U visa has an annual cap of 10,000. Because demand far exceeds this cap, USCIS maintains a waiting list, and waits currently extend several years. However, once USCIS determines that a petition is bona fide, the applicant receives deferred action and work authorization while waiting for a U visa number to become available. This "bona fide determination" work permit is a significant development that allows survivors to legally work in the United States while their petition is pending.

The T visa protects survivors of severe human trafficking — both labor trafficking and sex trafficking. Applicants must show they have complied with any reasonable law enforcement requests for assistance, or demonstrate that they would suffer extreme hardship if removed. Unlike the U visa, T visa applicants may qualify even if they have not reported to law enforcement, if they can show trauma or other reasons why such contact was not possible. Up to 5,000 T visas are available annually.

VAWA self-petitions (Form I-360) are available to abused spouses and children of U.S. citizens or LPRs, and to abused parents of adult U.S. citizens. The petition is self-filed — you do not need the cooperation or knowledge of the abusive family member. Federal law under 8 U.S.C. § 1367 strictly prohibits USCIS from disclosing the existence of a VAWA petition to the abuser. VAWA-based applicants who are in the United States may apply for adjustment of status after the petition is approved. If you or someone you know is in an abusive situation, the National Domestic Violence Hotline (1-800-799-7233) provides confidential, 24/7 assistance in multiple languages. For free legal help with these applications, see our free legal help guide.

9. I Have DACA

Deferred Action for Childhood Arrivals (DACA) provides a two-year period of deferred action and employment authorization for people brought to the United States as children who meet specific eligibility criteria. DACA is not a lawful immigration status — it is a prosecutorial discretion policy that does not provide a path to a green card or citizenship on its own. DACA recipients who have a qualifying family relationship or employer sponsor should consult an attorney about whether a permanent immigration path exists, because DACA's legal future remains contested and no DACA-specific legalization has passed Congress.

DACA renewal applications must be filed well in advance of the work permit expiration date. USCIS recommends filing 150 to 120 days before expiry, but given the lengthened processing times currently experienced — in some cases four to six months or more — even 150 days may not provide enough runway. If your DACA lapses for fewer than 365 days, you can apply as a renewal; if it has lapsed for more than 365 days, USCIS treats it as an initial application, which is currently barred from approval by court order. Disclose all arrests, citations, and criminal proceedings on your renewal — failure to disclose creates a much larger problem than the underlying offense in most cases.

Travel outside the United States on advance parole is permitted only for humanitarian, educational, or employment purposes and must be approved before departure. Traveling without a valid advance parole terminates DACA and can trigger unlawful presence bars. DACA recipients who received advance parole and returned to the U.S. may have achieved a "lawful entry" for purposes of adjustment of status — this is an actively litigated area and requires specific legal analysis. Check current DACA fee and filing information directly at the USCIS I-821D page, as fees and filing methods have changed and may change again.

10. I Have Temporary Protected Status (TPS)

Temporary Protected Status allows nationals of designated countries to live and work legally in the United States during the designation period. TPS provides protection from removal but does not create a lawful immigration status in the same sense as a visa or green card — the Supreme Court's 2021 decision in Sanchez v. Mayorkas confirmed that TPS is not an "admission" to the United States for purposes of adjustment of status, which significantly limits TPS holders' ability to obtain green cards solely on the basis of their TPS. Separate pathways — such as qualifying family relationships, employment sponsorship, or humanitarian relief — remain available.

TPS designations for specific countries have been the subject of extensive litigation through 2025 and 2026, with outcomes varying by country and administration. Country designation statuses change, and counting on a specific country's TPS remaining available indefinitely is not advisable planning. Stay current with USCIS TPS announcements for your country and re-register during every open re-registration window. Missing a re-registration window forfeits TPS, requiring a new application during the next designation period if one opens.

International travel while on TPS requires a travel authorization document (advance parole on a TPS basis). Whether a TPS-based return to the U.S. constitutes a "lawful admission" for future immigration purposes is a fact-specific and legally complex question that depends on the specific country designation, circuit court precedent, and individual circumstances. If you are considering travel, consult an immigration attorney before departing — the consequences of travel can be permanent and difficult to reverse.

11. I Have a Green Card

Lawful permanent residents hold some of the most secure immigration status available short of citizenship, but LPR status comes with obligations and vulnerabilities that many green card holders do not fully appreciate. A 10-year green card must be renewed on Form I-90 before it expires — an expired card does not mean your LPR status is lost, but an expired card creates practical problems for employment, travel, and financial services. Apply for renewal well before the expiration date; USCIS recommends filing six months in advance.

Conditional green cards are issued for two years when the underlying marriage was less than two years old at the time of approval. The petition to remove conditions (Form I-751) must be filed during the 90-day window immediately before the two-year card expires — not before this window, and not after it. Filing jointly with your spouse is the standard path. If you are divorced or legally separated, widowed, or have been a survivor of abuse, you can file a hardship or abuse waiver without your spouse's participation. A timely filed I-751 automatically extends your LPR status in writing while the petition is pending.

Trips outside the United States of six months or more can raise questions about whether you have abandoned your U.S. residence. A trip of one year or more breaks the continuous residence required for naturalization. If you need to be abroad for an extended period, file Form I-131 (Application for Travel Document) to obtain a reentry permit before you leave — this allows absences of up to two years without losing LPR status, though it does not preserve the continuous residence required for naturalization. Any criminal conviction — even a misdemeanor — should be reviewed by an immigration attorney before you travel internationally, because certain offenses can trigger removal proceedings at a port of entry even for long-term LPRs.

12. I Want to Become a U.S. Citizen

Naturalization transforms lawful permanent resident status into U.S. citizenship, bringing full voting rights, a U.S. passport, the ability to sponsor a wider range of family members, and permanent freedom from removal. The standard path requires five years of continuous residence as an LPR (three years if married to and living with a U.S. citizen throughout that period), with physical presence in the United States for at least half of that time, and continuous residence in the same state for at least three months before filing. You must demonstrate the ability to read, write, and speak English and pass a civics interview, with exceptions discussed below.

Several exemptions and modifications apply. Applicants who are 50 years old and have been LPRs for at least 20 years, or who are 55 years old with at least 15 years as an LPR, are exempt from the English language requirement but must still pass the civics test in their own language. Applicants who are 65 or older and have been LPRs for at least 20 years may take a simplified version of the civics test. Applicants with a physical or developmental disability that prevents them from learning English or civics may file Form N-648 to request an exception from those requirements. For a comprehensive look at the process and what to study for the interview, see our naturalization guide.

Good moral character is assessed for the statutory period (five or three years). Certain criminal convictions — particularly aggravated felonies — permanently bar naturalization. Others create rebuttable presumptions against good moral character. Male applicants who were required to register with the Selective Service and failed to do so between ages 18 and 26 face a difficult-to-overcome bar. If your N-400 is not adjudicated within 120 days of your naturalization interview, you may petition the federal district court for a hearing on your application under INA § 1447(b) — and our attorney directory identifies attorneys who have litigated naturalization delay suits in federal court based on PACER data.

13. My Application Was Denied or My Case Was Delayed

When USCIS denies an application, the denial notice will explain the reason and your appeal options. For most USCIS decisions, a Form I-290B motion to reopen or motion to reconsider must be received by USCIS within 30 calendar days of the denial (33 days if the notice was mailed). A motion to reopen asks USCIS to reconsider its decision based on new facts or evidence that was not previously available. A motion to reconsider argues that the denial was based on an error of law or policy. Some decisions can also be appealed to the USCIS Administrative Appeals Office (AAO). Sometimes refiling a new application is strategically preferable to appealing — particularly when circumstances have changed or the denial identified curable deficiencies.

Immigration judge decisions in removal proceedings are appealed to the Board of Immigration Appeals (BIA). The BIA deadline is absolute: the appeal brief must be received by the Board within 30 calendar days of the immigration judge's oral decision. There is no grace period for mailing delays. BIA decisions can be further appealed to the federal circuit court — for Illinois, the Seventh Circuit Court of Appeals. Federal immigration litigation requires a licensed attorney admitted to federal court practice. Public federal court data shows which Chicago-area attorneys regularly appear before the Seventh Circuit and federal district courts in immigration cases, and this data appears on attorney profiles in our directory.

Delay is a different problem from denial. USCIS processing times have stretched significantly in recent years, and many applicants wait well beyond the published processing time estimates. Remedies for unreasonable delay include mandamus actions in federal district court, which ask a judge to order USCIS to act on a pending application. For naturalization specifically, INA § 1447(b) provides a statutory right to file in federal district court after 120 days of USCIS inaction following the naturalization interview. These are not guaranteed remedies, but attorneys who regularly file mandamus suits report that USCIS often responds with a decision (positive or negative) once litigation begins.

Frequently Asked Questions