Green Cards

Accént Legal the law office of Mark Kowalewski

We provide assistance with obtaining your permanent resident card (immigrant visa/green card) through a K1 visa (fiance), I-485 (adjustment of status) or ds 260 (consular processing).

Green cards are available through family, employment, special immigrant status, refugee or asylee status, human trafficking or crime victims, victims of abuse, and other nuanced categories. Speak with an immigration attorney to review your options.

If your application is successful, you may receive a green card with a work permit.

What is the difference between a long-term permanent residency card, an immigrant visa and a green card?

These are three names that are often interchanged. The identification cards given to long-term permanent residents (LPRs) were at one time, green. A long-term permanent residency is an immigrant visa, meaning the visa of someone intending to immigrate permaently to the United States.

Adjustment of Status and Consular Processing are two processes to receive a green card.

Family Petition

A Family Petition is where a U.S. citizen may petition for certain family members to receive either a Green Card, a fiancé(e) visa or a K-3/K-4 visa based on your relationship. Family based preference categories:

First Preference: Unmarried sons and daughters (21 or older) of U.S. citizens;
Second Preference: Spouses, unmarried minor children, and unmarried sons and daughters (21 or older) of lawful permanent residents;
Third Preference: Married sons and daughters of U.S. citizens;
Fourth Preference: Brothers and sisters of U.S. citizens, provided the U.S. citizens are 21 or older.

The United States Department of State issues a Visa Bulletin each month which provides cut off dates for each category.

Adjustment of Status

Adjustment of Status is a path to permanent resident status (green card). This process is part of the family petition.

Adjustment of Status is similar to Consular Processing, but is used if there was a legal entry to the United States, or if the individual applying after receiving a fiance(e) visa.

An applicant who is the beneficiary of an approved immigrant petition, and has an immigrant visa number immediately available, may interview at their local United States Citizenship and Immigration Services (USCIS) office.

Consular Processing

Consular Processing is a path to permanent resident status (green card). This process is part of the family petition.

Consular Processing is similar to Adjustment of Status, but is used if there was not a legal entry to the United States, or if the individual applying is currently outside the United States.

An applicant who is the beneficiary of an approved immigrant petition, and has an immigrant visa number immediately available, may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident.

Fiance(e) Visa

This visa is available if you are looking to marry but your fiancé(e) is overseas and you want to bring them to the United States to marry one another. Your fiancé(e) enters the United States for 90 days, at which time your marriage ceremony can take place. Once married, your spouse can apply for permanent residence (Green Card) and remain in the United States while the application is in processing.

U Visa

The U nonimmigrant status (U visa) is set aside for victims of crimes, and their immediate family members, who have suffered substantial mental or physical abuse. The victim must have, or is willing to, assist law enforcement officers in the investigation or prosecution of the criminal activity. U-Visa recipients can legally live and work in the United States for four years. After three years of having a U-Visa, recipients can apply for a green card to stay in the U.S. permanently.

T Visa

The T visa is available for individuals who have been victims of trafficking.

Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers use force, fraud, or coercion to compel individuals to provide labor or services, including commercial sex.

Violence Against Women Act (VAWA)

The Violence Against Women Act (VAWA) allows battered and abused spouses (and certain parents and children) to obtain a green card without the cooperation of the U.S. citizen or permanent resident relative who is abusing them. Although commonly filed for victims of domestic violence, VAWA recognizes elder and financial abuse as well.

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Adjustment of Status/ Consular Processing

A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a “Green Card.”

Fiance Visa

In order to obtain a fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S on a fiancé(e) visa.

Violence Against Women Act (VAWA)

The Deferred Action for Childhood Arrivals (DACA) allow some individuals who entered the United States as minors, and either entered illegally or over stayed their visa, to receive a renewable two-year period where they are deferred from deportation and are eligible for a work permit.

U Visa

Deportation (sometimes called “removal”) occurs when the federal government formally removes an alien from the United States for violations of immigration or criminal laws by going through Immigration Court proceedings.

T Visa

T nonimmigrant status is a temporary immigration benefit that enables certain victims of a severe form of human trafficking to remain in the United States for up to 4 years if they have assisted law enforcement in an investigation or prosecution of human trafficking. An example of trafficking may include being employed but the employer not paying wages for time you have worked.

Request for Evidence

A Request for Evidence (RFE) can be alarming. However, these are often an opportunity for clarification on your application package.

Deferred Action Against Childhood Arrivals (DACA)

Interview Preparation

USCIS contacts applicants with an interview time. This interview is another opportunity to use an attorney to protect your interests.

Work Permit

A work permit may be available to you based on your status, circumstances, and your opportunity to submit applications that include a work permit.