When it comes to establishing permanent residency in the United States, you must first understand the basics of United States immigration law. Immigration laws are the set of federal laws that regulate how a foreigner may qualify for a visa. Immigration laws also deal with the circumstances under which an individual can be deported.
There are many different kinds of temporary and permanent visas that an individual may apply for prior to entering the United States. As such, there is generally a visa that is available that fits your personal situation and the reason that you are seeking entry in the United States.
However, in general permanent residency in the United States is evident by a person possessing a valid green card. The term “green card” refers to what is known officially as a permanent residence card. In other words, a green card is an immigration identity document showing that the card’s named holder has been granted permanent residency in the United States.
As such, individuals who hold green cards are known as lawful permanent residents in the United States. There are several ways in which you may apply for a green card, such as through:
- Your family
- A job offer
- Your employment
- Your status as a refugee
- Asylum status
- The Green Card Lottery, or the Diversity Visa Lottery Program
- Other specific provisions
If you are an individual that wishes to live and work in the United States, you may wish to apply for a green card. So long as you meet certain criteria, you may be able to obtain a green card. The following article explores who is eligible to obtain a green card, as well as the process for obtaining a green card.
What Is a United States Green Card?
As mentioned above, a green card is an immigration identity document that demonstrates the card’s holder has been granted permanent residency in the United States. In other words, a green card grants the holder the ability to live and work in the United States long term.
It is important to note that possessing a green card does indicate that a person is lawfully allowed to permanently live and work in the United States, however that does not mean that the holder is a United States citizen.
In other words, a green card holder cannot vote in national elections, and is not considered a United States citizen for many other purposes. Permanent residence status does allow for the opportunity to apply for U.S. citizenship.
What Are the Eligibility Categories for Obtaining a Green Card?
As mentioned above, there are several categories by which an individual may apply for and obtain a green card. The main eligibility categories for a green card include:
Family-Based
The family-based green card is one of the most common and well-known categories of obtaining permanent residency. Through a family-based green card, immediate relatives of United States citizens, such as spouses, unmarried children under 21, and parents of United States citizens are all eligible to apply for a green card.
Other family members of United States citizens or lawful permanent residents, including unmarried sons and daughters over 21, married children, and siblings of United States citizens may also be eligible.
Widows and widowers of United States citizens who were married to a citizen at the time of their death are also eligible under this category. However, not every family member is eligible for a family-based green card.
Extended-family, such as cousins, grandparents, aunts, uncles are not considered close relatives and are not eligible under this category. Instead, those individuals will have to pursue a green card under another category.
Employment-Based
According to United States Citizenship and Immigration Services (“USCIS”), employment-based immigrant visas are the second most common visa category. Gaining a green card through one’s employment allows foreign nationals to live and work in the United States permanently.
USCIS provides that the five categories for employment-based visa are:
- EB-1: Priority Workers
- Individuals with extraordinary abilities in the sciences, arts, education, business, or athletics
- Outstanding professors and researchers
- Certain multinational managers and executives
- EB-2: Professionals with Advanced Degrees or Exceptional Ability
- Professionals holding advanced degrees (or equivalent degrees)
- Individuals with exceptional ability in the sciences, arts, or business
- EB-3: Skilled Workers, Professionals, and Other Workers
- Skilled workers with at least two years of training or experience
- Professionals with a U.S. bachelor’s degree or its foreign equivalent
- Other workers that perform unskilled labor which requires less than two years of training or experience
- EB-4: Special Immigrants
- Religious workers.
- Certain employees of U.S. foreign service posts.
- Retired employees of international organizations.
- Other specific categories of immigrants.
- EB-5: Immigrant Investors
- Individuals who invest a significant amount of capital in a new commercial enterprise in the U.S. that creates or preserves at least 10 full-time jobs for qualifying U.S. workers
As can be seen, there are numerous different employment-based categories that an individual may seek a green card under. Each year, the United States allocates 140,000 employment-based immigrant visas.
The 140,000 number includes not only the primary applicants but also their eligible spouses and minor children. However, any unused visas from the family-based categories in the preceding year can be added to this total.
Special Immigrant Category
The Special Immigrant Visa (“SIV”) is a visa category that is designed for specific groups of noncitizens who meet certain criteria. Specifically, religious workers, special immigrant juveniles, and certain international employees may be eligible for a green card under this category.
Additionally, Employees of the United States’ government abroad that have served for at least 15 years and whose services are deemed in the national interest may also apply under this category.
Humanitarian Category
The humanitarian category of visas includes several visa programs that are designed to assist individuals in urgent need of protection or aid.
The main types of humanitarian visas available and their eligibility criteria include:
- Refugees:
- This category is for individuals outside their home country who are unable or unwilling to return due to persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion
- Asylum:
- This category is similar to refugee status, but is reserved for individuals already in the United States or are seeking entry at a port of entry who fear persecution in their home country
- Temporary Protected Status (“TPS”):
- This category is for nationals of certain countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions that temporarily prevent safe return
- Humanitarian Parole:
- This category is for individuals who need to enter the United States for urgent humanitarian reasons or significant public benefit, but is typically only granted for a limited period of time.
- U Nonimmigrant Status (U Visa):
- This category is for victims of certain crimes who have suffered substantial mental or physical abuse and are helpful to law enforcement in the investigation or prosecution of criminal activity
- T Nonimmigrant Status (T Visa):
- This category is for victims of human trafficking who are in the United States due to trafficking and who assist law enforcement in the investigation or prosecution of human trafficking cases
- Violence Against Women Act (VAWA) Self-Petition:
- This category is for victims of domestic violence, child abuse, or elder abuse by a United States citizen or lawful permanent resident family member
- Special Immigrant Juvenile Status (SIJS):
- This category is for children who have been abused, abandoned, or neglected and are under the jurisdiction of a juvenile court in the United States
Diversity Visa Lottery
The Green Card Lottery, or the “Diversity Visa Lottery Program”, is a United States immigration program that grants approximately 50,000 green cards each year to applicants from selected countries. The applicants are randomly selected by a computer-generated drawing.
An applicant that is selected under the Visa Lottery Program is given a chance to apply for lawful permanent resident status in the United States. That status then allows the foreign national to live and work permanently in the United States.
Additionally, permanent residents may also bring along their spouse and any unmarried children who are younger than 21 years of age to the United States. A common misconception that a Green Card Lottery “winner” is automatically granted a permanent visa or green card. However, that is untrue, because the winner is only given the opportunity to apply for a green card, not given the green card itself.
What Is the General Green Card Application Process?
The general green card application process involves the following steps:
- Determine Your Eligibility:
- First, you must confirm that you qualify under one of the green card eligibility categories listed above
- File an Immigrant Petition:
- Next you must file an immigrant petition, which will generally be done by a sponsor filing an immigrant petition on your behalf.
- Common forms include:
- Form I-130 (Petition for Alien Relative)
- Form I-140 (Immigrant Petition for Alien Worker)
- Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
- Form I-526 (Immigrant Petition by Alien Entrepreneur)
- Petition Reviewed:
- Next, USCIS will review your petition. If approved, your application will move to the National Visa Center (“NVC”) for further processing
- File Green Card Application:
- If you are in the United States already, you will need to file Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS
- If you are outside the United States, you will need to apply for an immigrant visa through consular processing at a United States embassy or consulate
- Biometrics Appointment:
- You will then need to attend a biometrics appointment to provide fingerprints, photos, and a signature
- Interview:
- Next you will need to attend an interview with USCIS (if you are applying from within the United States) or at a United States embassy or consulate (if you are applying from abroad)
- Decision on Green Card Application:
- USCIS or the consulate will then make a decision on your green card application. If approved, you will receive your green card (if you are already in the United States) or an immigrant visa (if you are abroad)
- Those with an immigrant visa will receive their green card by mail after they arrive in the United States
Do I Need a Lawyer for Help With Establishing Permanent Residency?
As can be seen, the process for applying for and obtaining a green card is not always straightforward. As such, if you have any questions regarding the process of obtaining a green card, it is in your best interest to consult with a local green card lawyer. LegalMatch can assist you in setting up an initial consultation with an experienced immigration attorney in your area.
They can help inform you of the process of obtaining a green card. Additionally, a lawyer can also help you determine if you are eligible for permanent residency and help guide you through the application process. Finally, a lawyer will also be able to represent you in court, as needed, should any other legal issues arise or your initial application be denied.
