I Want to Be a Permanent Resident of the U.S. … How do I get a Green Card?
The first and most important step to getting a Green Card that will allow you to obtain lawful permanent residence in the United States is to determine eligibility for a Green Card. There are many categories that may make one eligible for a Green Card, they are as follows:
- You are the immediate relative of a U.S. citizen, i.e., you are the spouse, unmarried child (under 21 years of age), or parent of a U.S. Citizen that is at least 21 years of age.
- You are not the immediate relative of a U.S. citizen but are an other relative of a U.S. citizen or the relative of a lawful permanent resident that fits into one of the family-based preference categories as defined by the USCIS.
- Family member of a U.S. citizen if defined if you meet all of these qualifications: unmarried child and at least 21 or older, or are the married child, or are the brother or sister and at least 21 years old or older
- The definition of a family member of a lawful permanent resident according to the USCIS requires that the individual meet the following criteria: you are the spouse of a lawful permanent resident, an unmarried child under 21 years of age of a lawful permanent resident, or the unmarried child of a lawful permanent resident who is 21 years or more
- You are the fiancé of a U.S. citizen or that fiancé’s child, where:
- the person who is admitted to the U.S. as a fiancé of a U.S. citizen (as a K-1 nonimmigrant under the K-1 Visa); or
- the person who is admitted to the U.S. as the child of a fiancé of a U.S. citizen (as a K-2 nonimmigrant)
- You are the widow or widower of a U.S. citizen; specifically that you were married to the U.S. spouse, who was a U.S. citizen, at the time the spouse passed away
- You are a VAWA self-petitioner, a victim of battery or extreme cruelty. Here you must be the abused spouse of a U.S. citizen or a lawful permanent resident in the US, or an abused child (under 21 and unmarried) of a U.S. citizen or lawful permanent resident, or the abused parent of a U.S. citizen
Other Ways to Obtain a Green Card – Employment Based Green Card
There are several categories available which allow those seeking to obtain a Green Card for lawful permanent residence in the United States to obtain a Green Card. These are the categories:
- Immigrant Worker – Immigrant workers are evaluated for Green Cards based upon their preference in three categories.
First preference immigrant workers are those who have a special, outstanding ability in either art, science, education, business, or athletics, or are known for their research or professorship in their field, or for an executive or manager meeting specific criteria.
Second preference workers may qualify for Green Cards as well, these workers are either in a profession which requires an advanced degree or similar to first preference immigrant workers, have exceptional skills in either arts, science or business, or for those looking to acquire a national interest waiver. The last category is the third preference immigrant worker.
Third preference immigrant workers may qualify for a Green Card if they are a skilled worker (a worker in a field for which you must have at least 2 years of training or experience in that field) or a professional in a field which has as a prerequisite either a bachelor’s degree or the equivalent, or as an unskilled worker where the labor you will perform requires under 2 years of experience or training.
- Physicians – If you are a physician and agree to work full-time in a practice in an underserved area of the United States for a period of time that is established, you may be eligible for a Green Card.
- Immigrant Investors – Under the immigrant investor category, you may be eligible for a Green Card if you have or are actively investing a minimum of $1 million (less in certain areas) in a new U.S. based business where the US based business creates or will create a minimum of 10 qualifying employees.
Still More Methods to Obtain a Green Card
A Green Card may be available to you if you fall into one of several special immigrant categories that have been slated to be considered for Green Cards. If you are a religious worker and your work in the U.S. is for a nonprofit religious organization in the U.S. you may be eligible for a Green Card. Certain Special Immigrant Juvenile‘s may obtain Green Cards where due to abuse, neglect or abandonment, the juvenile requires the protection of a juvenile court located within the U.S. Under the special immigrant category individuals from Afghanistan or Iraq who worked as translators for the U.S., or if an Iraqi, were employed by the U.S. in Iraq on or after March 20, 2003 for a minimum of one year; or who worked with the International Security Assistance Force (ISAF) and are Afghan nationals, such individuals may be eligible for a Green Card.
In addition to the aforementioned categories potentially eligible for a Green Card, international broadcasters who will work in the U.S. with the U.S. Agency for Global Media (USAGM), and employees or an international organization, their family members, or a NATO-6 employee or family member may be eligible for a Green Card.
Even More Possibilities for Green Card Status…
Both Asylee’s and Refugee’s may be eligible if meeting certain criteria for Green Card status. Also, human trafficking victims, or certain other victims of crimes may be eligible for a Green Card to become a lawful permanent resident in the US. Victims of abuse may also have Green Card eligibility if a VAWA self-petitioner, a Special Immigrant Juvenile, if falling under the provisions of the Cuban Adjustment Act, or the Haitian Refugee Immigrant Fairness Act (HRIFA). There are even more possibilities for Green Card status. This is a complex area of Immigration law as there are many categories which one may fall into and some of these categories have a great deal of overlap.
Learn more about other immigration matters here:
EB-5 Visa
What is a Schedule A Visa?
Schedule A Visa’s Can be Your Path to Work in the US
The TN Visa Allows Mexican and Canadian…
Working in the US Under the H1-B Visa for Health Care Workers
Employers Can Use PERM to Hire Outside of the US
How Does my Fiancé Get a K-1 Visa?
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