Obtaining a Green Card is a dream for many individuals who want to live and work in the United States permanently. However, the process can be complex and daunting, with various categories and eligibility requirements to navigate.
Understanding the different Green Card categories is crucial to determine which one suits your particular situation. The U.S. Citizenship and Immigration Services (USCIS) has established a comprehensive list of these categories to provide options for individuals seeking permanent residency.
Family-Based Categories:
The Family-Based Green Card category allows U.S. citizens and permanent residents to sponsor certain family members for permanent residency. Eligible relationships include spouses, parents, children, and siblings of U.S. citizens or permanent residents.
Employment-Based Categories:
The Employment-Based Green Card category is for individuals who have received a job offer in the United States or who possess extraordinary abilities in their field. There are different subcategories within this category, such as EB-1 for priority workers, EB-2 for professionals with advanced degrees, and EB-3 for skilled workers and professionals.
Diversity Visa Lottery:
The Diversity Visa Lottery, also known as the Green Card Lottery, is a random selection process that grants permanent residency to individuals from countries with low rates of immigration to the United States. Each year, the lottery provides a limited number of Green Cards to eligible candidates.
Refugees and Asylees:
Refugees and asylees who have been granted protection in the United States may be eligible to apply for a Green Card after a certain period of time. These individuals have fled their home countries due to fear of persecution and are seeking safety and a new life in the United States.
Special Immigrant Categories:
There are several special immigrant categories that provide Green Card eligibility to individuals with specific qualifications. This includes religious workers, international broadcasters, Iraqi and Afghan translators, and certain individuals who have been victims of crimes.
It is essential to consult with an immigration attorney or research the USCIS website to fully understand the eligibility requirements for each Green Card category and determine the one that applies to your situation.
Green Card Categories and Eligibility Requirements
Obtaining a green card, also known as a permanent resident card, grants individuals the right to live and work permanently in the United States. There are several categories through which one can apply for a green card, each with its own specific eligibility requirements.
Family-based Categories
One of the most common ways to obtain a green card is through family sponsorship. U.S. citizens or permanent residents can sponsor certain family members for a green card, including spouses, parents, children, and siblings.
Employment-based Categories
Another pathway to a green card is through employment sponsorship. This category is available to individuals with job offers from U.S. employers, as well as those with extraordinary abilities in their fields or who are qualified investors.
Refugees and Asylees
Green cards may be granted to refugees and asylees who have been granted protection in the United States due to a well-founded fear of persecution in their home countries. These individuals can apply for permanent residence after one year of being granted refugee or asylee status.
Diversity Visa Lottery
The Diversity Visa Lottery program makes available 50,000 green cards each year through a lottery system. Individuals from countries with low rates of immigration to the United States are eligible to enter the lottery and potentially receive a green card.
Special Immigrant Categories
There are various special immigrant categories that provide opportunities for individuals with specific qualifications, such as religious workers, international organization employees, and certain juvenile dependents.
Other Categories
In addition to the main categories mentioned above, there are several other less common ways to obtain a green card, such as through the registry provisions for long-time residents or through the Cuban Adjustment Act for Cuban nationals.
It is important to note that each green card category has its own specific eligibility requirements and application processes. It is advisable to consult with an immigration attorney or the U.S. Citizenship and Immigration Services (USCIS) for guidance on which category best suits your situation and how to proceed with the application process.
Family-sponsored Visas
Family-sponsored visas allow U.S. citizens and lawful permanent residents to sponsor certain family members for immigration to the United States and obtain a green card. There are different categories of family-sponsored visas, each with its own eligibility requirements.
Immediate Relatives of U.S. Citizens:
- Spouse of a U.S. citizen
- Unmarried child under 21 years of age of a U.S. citizen
- Parent of a U.S. citizen (if the sponsor is at least 21 years old)
Family Preference Categories:
In addition to immediate relatives, U.S. citizens can also sponsor certain family members under the Family Preference Categories. These categories include:
- Unmarried sons and daughters of U.S. citizens (21 years of age or older)
- Spouses, minor children, and unmarried sons and daughters of lawful permanent residents
- Married sons and daughters of U.S. citizens
- Siblings of U.S. citizens (if the sponsor is at least 21 years old)
It’s important to note that each category has its own set of eligibility requirements and there are numerical limits on the number of visas available each year. It is recommended to consult with an immigration attorney for personalized guidance and assistance with the family-sponsored visa process.
Employment-based Visas
Green Card Categories:
There are several employment-based green card categories that individuals can apply for:
1. EB-1: Priority Workers – This category is for individuals who have extraordinary abilities in the sciences, arts, education, business, or athletics; outstanding professors or researchers; or multinational executives or managers.
2. EB-2: Professionals with Advanced Degrees or Exceptional Ability – This category is for individuals who have an advanced degree or its equivalent, or possess exceptional ability in the sciences, arts, or business.
3. EB-3: Skilled Workers, Professionals, and Other Workers – This category is for individuals who are skilled workers, professionals with a bachelor’s degree, or other workers with less than two years of training or experience.
4. EB-4: Special Immigrants – This category is for individuals who are religious workers, employees of U.S. foreign service posts, retired employees of international organizations, or other eligible special immigrants.
5. EB-5: Immigrant Investors – This category is for individuals who make a certain investment in a commercial enterprise in the United States and create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years.
Each category has specific eligibility requirements and individuals must meet these requirements in order to apply for a green card in that category.
Investment-based Visas
Investment-based visas are a category of green card options available to individuals who are willing to invest a significant amount of money in the United States. These visas are designed to stimulate the U.S. economy by attracting foreign investors and creating jobs.
There are several investment-based visa categories, each with its own eligibility requirements. The most well-known investment-based visa is the EB-5 Immigrant Investor Program, which requires a minimum investment of $1.8 million or $900,000 in a Targeted Employment Area (TEA).
The EB-5 visa program requires investors to create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of receiving the green card. This can be accomplished by investing in a new commercial enterprise or by investing in a troubled business that is experiencing a net loss.
In addition to the EB-5 program, there are other investment-based visas available, such as the E-2 Treaty Investor Visa and the L-1A Intracompany Transferee Visa. The E-2 visa is available to nationals of certain treaty countries who have made a substantial investment in a business in the United States. The L-1A visa allows executives and managers of foreign companies to transfer to a U.S. branch, subsidiary, or affiliate of their employer.
Overall, investment-based visas provide opportunities for individuals to obtain a green card by making a significant investment in the United States. These visas not only benefit the investors but also contribute to the economic growth and development of the country.
Diversity Visa Program
The Diversity Visa Program, also known as the Green Card Lottery, is a program that provides a pathway for individuals from countries with low rates of immigration to the United States to apply for permanent residency. The program is designed to promote diversity and ensure that individuals from a wide range of countries have the opportunity to immigrate to the United States.
Eligibility Requirements
In order to participate in the Diversity Visa Program, an individual must meet the following eligibility requirements:
- Be a native of a qualifying country:
- The list of eligible countries is determined by the Department of State and is subject to change each year. It is important to check the list of eligible countries before applying.
- Have at least a high school education or its equivalent:
- An individual must have completed a formal course of study equivalent to a U.S. high school education, defined as the successful completion of a 12-year course of elementary and secondary education.
- Meet the requirements for work experience:
- Alternatively, an individual may qualify to participate in the Diversity Visa Program if they have at least two years of work experience within the past five years in an occupation that requires at least two years of training or experience. The Department of State provides guidance on the qualifying occupations.
- Pass the visa lottery screening:
- After meeting the above eligibility requirements, applicants must also go through a random lottery selection process. Not all applicants who meet the eligibility requirements will be selected for a diversity visa.
It is important to note that winning the Diversity Visa Lottery does not guarantee a green card. Winners are still subject to all other eligibility and admissibility criteria and must go through the normal immigration process to be granted permanent residency in the United States.
Refugee and Asylee Adjustment
Refugee and Asylee Adjustment is a category of the Green Card program that allows refugees and asylees who have been granted asylum or refugee status in the United States to apply for permanent residency. This provides them with the opportunity to become lawful permanent residents (LPRs) and eventually apply for U.S. citizenship.
Eligibility Requirements
To be eligible for Refugee and Asylee Adjustment, individuals must meet the following criteria:
- Have been granted asylum or refugee status in the United States
- Have been physically present in the United States for at least one year after being granted asylum or refugee status
- Continue to meet the definition of a refugee or asylee
- Be admissible to the United States, which means not having any disqualifying criminal or security-related issues
- File Form I-485, Application to Register Permanent Residence or Adjust Status
Application Process
Applying for Refugee and Asylee Adjustment involves the following steps:
- File Form I-485, Application to Register Permanent Residence or Adjust Status, along with the required supporting documents
- Pay the necessary filing fees
- Undergo biometrics (fingerprinting and photograph) at a designated Application Support Center (ASC)
- Attend an interview at a U.S. Citizenship and Immigration Services (USCIS) field office
- Receive a decision on the application
| Pros | Cons |
|---|---|
| Eligible to work and live permanently in the United States | Requires meeting specific eligibility criteria |
| Paths to U.S. citizenship | Application process can be lengthy and complex |
| Opportunity to reunite with family members | Strict documentation requirements |
Refugee and Asylee Adjustment is an important pathway for refugees and asylees to establish a permanent life in the United States. By meeting the eligibility requirements and successfully completing the application process, individuals can enjoy the benefits and opportunities that come with obtaining a Green Card.
Humanitarian Programs
Green Card holders are eligible for permanent residency in the United States through various humanitarian programs. These programs are designed to provide protection and relief to individuals who have faced persecution or are in difficult situations.
1. Refugee Status: Individuals who have fled their home country due to fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group may be eligible for refugee status. Refugees are granted legal protection and assistance upon entering the United States, and after one year of residency, they may apply for a green card.
2. Asylee Status: Similar to refugees, individuals who have faced persecution in their home country and have successfully sought asylum in the United States may be eligible for asylee status. Asylees are granted legal protection and are also eligible to apply for a green card after one year of residency.
3. Humanitarian Parole: This program allows individuals who are otherwise inadmissible to the United States to enter temporarily for urgent humanitarian reasons. Once in the United States, individuals granted humanitarian parole may apply for a green card if they meet the eligibility requirements.
4. Special Immigrant Juvenile: This category is for children who have been abused, abandoned, or neglected by one or both parents. If a court determines that it is not in the child’s best interest to be returned to their home country, they may be eligible for a green card as a Special Immigrant Juvenile.
5. VAWA Self-Petition: The Violence Against Women Act (VAWA) allows individuals who have been subjected to domestic violence by a U.S. citizen or permanent resident spouse or parent to self-petition for a green card. This program provides relief and protection to victims of domestic violence.
These humanitarian programs provide a pathway to permanent residency for individuals who have faced persecution, abuse, or other difficult circumstances. The eligibility requirements vary for each program, but they all aim to provide protection and support to those in need.
Marriage-based Visas
Marriage-based visas are green card categories that allow foreign nationals to obtain a permanent resident status in the United States based on their marriage to a U.S. citizen or a lawful permanent resident.
There are two primary marriage-based visa categories:
- Immediate Relative (IR) Category: This category is reserved for the spouses of U.S. citizens. There is no numerical limitation for this category, meaning that spouses of U.S. citizens can obtain green cards without waiting for a visa number to become available. However, both the U.S. citizen spouse and the foreign spouse must meet certain eligibility requirements.
- Family Preference Categories: These categories are for the spouses of lawful permanent residents (LPRs). Unlike the IR category, there is a numerical limitation for these categories, and the availability of green cards is subject to visa numbers being available. The waiting times for these categories can vary depending on the country of origin and the demand for visas.
It is important to note that marriage-based visas require proof of a bona fide marriage, meaning that the marriage must be entered into in good faith and not solely for the purpose of obtaining a green card. Applicants must provide evidence of a genuine relationship, such as joint financial accounts, shared assets, and photographs together.
Additionally, both the U.S. citizen or LPR petitioner and the foreign spouse must meet other eligibility criteria, including age requirements, financial support obligations, and the absence of criminal convictions or immigration violations.
Marriage-based visas offer a path to permanent residency for foreign nationals who are married to U.S. citizens or LPRs. However, the process can be complex and it is recommended to seek guidance from an experienced immigration attorney to ensure eligibility and navigate the application process successfully.
Special Immigrant Visas
Special Immigrant Visas are a unique category within the list of green card categories, designed for individuals who have provided valuable services to the United States government or military. These visas are granted to individuals who meet specific eligibility requirements and fall into one of the following categories:
- SI-A: Certain employees or former employees of the U.S. Armed Forces
- SI-B: Individuals who worked for or on behalf of the U.S. government in Iraq or Afghanistan
- SI-C: Certain Iraqi and Afghan nationals who have worked or provided services for the U.S. government or military
To be eligible for a Special Immigrant Visa, applicants must meet various criteria, such as having worked in a specific role or capacity and having received a qualifying recommendation from a U.S. government or military official. These visas provide a pathway to lawful permanent resident status or green card for individuals who have made substantial contributions to the United States.
Religious Worker Religious Visas
The green card categories include several options for religious workers who wish to obtain lawful permanent residency in the United States. These visas are designed to allow religious workers to enter and work in the U.S. for a temporary or permanent period of time.
R-1 Visa
The R-1 visa is available for foreign nationals who have been offered a job as a religious worker in the U.S. To qualify for an R-1 visa, the applicant must have been a member of a religious denomination for at least two years prior to the application, and they must be coming to the U.S. to work for a religious organization in a ministerial or non-ministerial capacity. The R-1 visa is usually granted for an initial period of three years, with the possibility of extension.
I-360 Special Immigrant Religious Worker Visa
The I-360 visa is available for religious workers who plan to immigrate to the U.S. permanently. To be eligible, the applicant must have been working as a religious worker for the past two years, and their work must be in a qualifying religious occupation or profession, such as a minister, priest, or religious counselor. The I-360 visa allows religious workers to obtain a green card and become a permanent resident of the United States.
It’s important to note that eligibility requirements and visa application processes may vary for each green card category. Applicants should consult with an immigration attorney or refer to the official website of the U.S. Citizenship and Immigration Services (USCIS) for detailed information and guidance on obtaining a religious worker green card.
Crime Victim Visas
Crime Victim Visas are a category of green cards available to individuals who have been victims of qualifying crimes in the United States. These visas provide legal status and protection to those who have suffered from severe forms of trafficking in persons, domestic violence, and other serious crimes.
U Visa
The U Visa is available to individuals who have been victims of certain qualifying crimes and have helped, are helping, or are likely to help law enforcement investigate or prosecute those crimes. This visa allows victims to remain in the United States and provides them with work authorization.
T Visa
The T Visa is available to individuals who have been victims of severe forms of trafficking in persons. This includes individuals who have been trafficked for both labor and sex purposes. Victims who receive the T Visa can also have their immediate family members join them in the United States.
Obtaining a Crime Victim Visa can be a complex process with specific eligibility requirements. It is important for victims to consult with an experienced immigration attorney who can guide them through the application process and help them understand their rights and available options.
| Crime Victim Visa | Eligibility Requirements |
|---|---|
| U Visa | Victim of qualifying crime, cooperation with law enforcement, and substantial physical or mental abuse |
| T Visa | Victim of severe forms of trafficking in persons, cooperation with law enforcement, and physical presence in the United States as a result of trafficking |
Widower/widow of U.S. Citizen Visas
The green card categories also include visas for widowers/widows of U.S. citizens. If your spouse was a U.S. citizen at the time of their death, you may be eligible to apply for a green card as a widower/widow.
To qualify for this category, you must meet certain requirements:
- You must have been married to a U.S. citizen at the time of their death.
- Your spouse must have been a U.S. citizen and have filed a petition for you, which was approved before their death.
- You must not have remarried before applying for the green card.
- You must file the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, within two years of your spouse’s death.
- You must be able to demonstrate that you were in a bona fide (genuine) marital relationship with your U.S. citizen spouse at the time of their death.
If you meet these requirements, you may be eligible to obtain a green card as a widower/widow of a U.S. citizen. It is important to carefully follow the application process and provide all necessary documentation to support your eligibility.
Registry Visas
A registry visa is a type of immigrant visa that is available to certain individuals who have been residing in the United States continuously since before January 1, 1972. It is a way for individuals who have been living in the U.S. for a long time without legal documentation to obtain a green card, which allows them to live and work in the country legally.
To be eligible for a registry visa, an individual must meet the following requirements:
- Continuous Residence: The individual must have been continuously physically present in the U.S. since before January 1, 1972. They must not have left the U.S. since that time, with a few limited exceptions.
- Good Moral Character: The individual must have a good moral character, which means they must not have been convicted of certain crimes or engaged in certain immoral activities.
- Eligible Relationship: The individual must be eligible for an immigrant visa based on a qualifying family relationship or employment relationship.
If an individual meets these requirements, they can apply for a registry visa by submitting Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documentation and the necessary filing fees. Once the application is approved, the individual will be issued a green card, granting them lawful permanent residence in the United States.
It is important to note that registry visas are a limited category, and there are a set number of visas available each year. Therefore, it is advisable for individuals who believe they may be eligible for a registry visa to consult with an immigration attorney or a reputable immigration service to determine the best course of action.
International Organization Employees Visas
The United States offers several categories of visas for employees of international organizations. These visas are also known as G visas. They allow employees of international organizations to live and work in the United States temporarily.
There are three main categories of G visas:
- G-1: Representatives of international organizations, such as the United Nations or the World Bank, and their immediate family members.
- G-2: Representatives of a recognized government traveling to the United States to work for a designated international organization, and their immediate family members.
- G-3: Representatives of non-recognized or non-member governments traveling to the United States to attend or participate in meetings of a designated international organization, and their immediate family members.
To be eligible for a G visa, an applicant must meet certain requirements:
- The applicant must be coming to the United States to work for an international organization.
- The applicant must have a residence abroad that they have no intention of abandoning.
- The applicant must possess the necessary skills, knowledge, or experience for the position.
- The applicant must have been approved for a G visa by the international organization.
- The applicant must have the financial means to support themselves and their family members during their stay in the United States.
It is important to note that G visas are non-immigrant visas, meaning they are temporary and intended for individuals who do not have the intention of permanently residing in the United States. However, it is possible for G visa holders to later apply for permanent residency through other immigration pathways if they meet the eligibility criteria.
NATO Employees Visas
NATO employees are eligible for certain categories of visas to live and work in the United States. Here are the main categories and eligibility requirements for NATO employees:
- NATO Treaty Alien: Individuals who are members of NATO and are eligible for diplomatic or military privileges and immunities are eligible for this visa category. They must be coming to the United States to work for their respective NATO organization or for the Supreme Headquarters Allied Powers Europe (SHAPE).
- NATO Dependent Visa: Spouses and unmarried children under the age of 21 of NATO Treaty Alien visa holders are eligible for this visa category. They must be coming to the United States to accompany or join their NATO employee family member.
- NATO Nonimmigrant Employee Visa: Employees of international organizations that are part of NATO, such as the North Atlantic Council, the International Staff, and other NATO bodies, may be eligible for this visa category. They must be coming to the United States to work for their respective NATO organization.
It is important to note that each category may have specific requirements and limitations. It is recommended to consult with the U.S. Department of State or an immigration attorney for more detailed information on eligibility and the application process for NATO employees.
Retiree Visas
Retiree visas are a type of green card category that allows individuals who have retired to live permanently in the United States. There are several retiree visa categories available, each with its own eligibility requirements. Here is a list of the most common retiree visa categories:
EB-3: Skilled Worker Category
The EB-3 visa category is available to retired individuals who have a specific skill or occupation that is in demand in the United States. To qualify for this category, individuals must have at least two years of work experience or training in their chosen occupation, and they must have a job offer from a US employer.
EB-5: Investor Category
The EB-5 visa category is available to retired individuals who are willing to make a significant investment in a new commercial enterprise in the United States. To qualify for this category, individuals must invest a minimum amount of capital and create a certain number of jobs for US workers.
These are just a few examples of the retiree visa categories available. Each category has its own specific requirements and eligibility criteria. It is important for individuals to thoroughly research and understand the requirements of the retiree visa category they are interested in before applying.
| Retiree Visa Category | Eligibility Requirements |
|---|---|
| EB-3: Skilled Worker Category | At least two years of work experience or training in a specific occupation Job offer from a US employer |
| EB-5: Investor Category | Significant investment in a new commercial enterprise Creation of a certain number of jobs for US workers |
Adoption-based Visas
Adoption-based visas are a category of green card options available to individuals who have been adopted by U.S. citizens or parents who are green card holders. These visas provide a pathway to permanent residency and eventual citizenship for foreign-born children who have been adopted.
There are several adoption-based visa categories, each with its own specific eligibility requirements:
- Immediate Relative of U.S. Citizen: This category is for children who have been adopted by U.S. citizens and are under the age of 16 at the time of adoption.
- Irregular Adoption: This category is for children who were adopted through a legal process that may not meet the requirements of a traditional adoption.
- Orphan: This category is for children under the age of 16 who have been declared an orphan by a foreign court and have been adopted or will be adopted by a U.S. citizen.
- Special Immigrant Juvenile: This category is for children who have been abused, abandoned, or neglected by their parents and have been declared dependent on the court.
Each adoption-based visa category has its own set of documentation and eligibility requirements that must be met in order to be eligible for a green card.
It is important to consult with an immigration attorney or qualified professional to determine which adoption-based visa category may be applicable and to ensure all necessary requirements are met in the application process.
Obtaining a green card through adoption can be a complex process, but it offers a valuable opportunity for foreign-born children to establish permanent residency in the United States and enjoy the benefits and opportunities that come with it.
Physician-based Visas
In addition to the numerous employment-based green card categories, there are specific visa options available for physicians who wish to live and work in the United States. These physician-based visas are designed to address the shortage of healthcare professionals in the country and provide opportunities for foreign doctors to contribute their expertise.
There are several categories of physician-based visas, each with its own eligibility requirements:
1. J-1 Visa
The J-1 visa program allows foreign medical graduates to participate in an exchange visitor program for medical education or training in the United States. This program aims to promote international cooperation and cultural exchange in the field of medicine. To be eligible for a J-1 visa, physicians must have a sponsorship from an approved exchange visitor program, such as the Educational Commission for Foreign Medical Graduates (ECFMG).
2. H-1B Visa
The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers in specialty occupations. While this visa is not specific to physicians, it is commonly used by healthcare organizations to recruit and hire foreign medical professionals. To be eligible for an H-1B visa, physicians must have completed their medical education and obtained the necessary licenses to practice medicine in the United States.
Note: The H-1B visa has an annual cap, and only a limited number of visas are available each fiscal year. Therefore, it is important for physicians to apply as early as possible to increase their chances of obtaining an H-1B visa.
3. O-1 Visa
The O-1 visa is reserved for individuals with extraordinary ability or achievements in their field. While this visa is not specific to physicians, highly skilled or renowned doctors who have made significant contributions in their specialty may qualify for an O-1 visa. To be eligible, physicians must provide evidence of their exceptional skills, such as awards, publications, or professional memberships.
4. EB-1 Visa
The EB-1 visa category is reserved for individuals with extraordinary ability, outstanding professors or researchers, and multinational executives or managers. Exceptional physicians who have gained national or international acclaim in their field may qualify for an EB-1 visa. To be eligible, physicians must meet specific criteria, such as national or international awards, documented contributions to their field, and published articles.
These are just a few examples of the physician-based visas available for foreign doctors who wish to live and work in the United States. Eligibility requirements and application processes may vary, so it is important for physicians to consult with an immigration attorney or explore the official U.S. Citizenship and Immigration Services (USCIS) website for detailed information.
Temporary Protected Status Adjustment
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible individuals from designated countries that are experiencing ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions. TPS provides certain benefits, including protection from deportation and work authorization, to individuals who are unable to return to their home countries due to the unsafe or unstable conditions.
There are several categories of individuals who may be eligible for Temporary Protected Status adjustment:
| Category | Eligibility Requirements |
|---|---|
| Foreign nationals currently in the United States | Must be a national of a designated country and meet all other eligibility requirements set by the U.S. Citizenship and Immigration Services (USCIS). |
| Foreign nationals outside the United States | Must be a national of a designated country and satisfy all other eligibility requirements set by the USCIS. They must also apply for TPS through a U.S. embassy or consulate. |
| Individuals with a pending asylum application | Must have an underlying asylum application that is currently pending with the USCIS or the Executive Office for Immigration Review (EOIR). |
| Individuals in removal proceedings | Must have a pending removal proceeding before the Immigration Court or the Board of Immigration Appeals (BIA) and be eligible for TPS. |
| Dependent family members | Dependent family members of individuals who are granted Temporary Protected Status may also be eligible for TPS adjustment. |
It is important to note that the eligibility requirements for Temporary Protected Status adjustment may vary depending on the designated country and the specific circumstances of the applicant. It is recommended to consult with an immigration attorney or the USCIS for accurate and up-to-date information.
Victim of Abuse Visas
One of the categories for obtaining a green card is through the Victim of Abuse Visas. This category is specifically designed for individuals who have suffered abuse from a U.S. citizen or a lawful permanent resident.
There are two types of visas available under this category:
1. U Visa
The U visa is available for victims of certain crimes who have suffered mental or physical abuse as a result of the crime. To be eligible for a U visa, the victim must meet the following criteria:
- Must have suffered substantial physical or mental abuse as a result of a qualifying crime in the U.S.
- Must possess information about the qualifying crime and be willing to assist law enforcement agencies in the investigation or prosecution of the crime.
- Must have been helpful, is being helpful, or is likely to be helpful to law enforcement in the investigation or prosecution of the crime.
- The crime must have violated U.S. laws or occurred in the U.S.
If approved, the U visa provides a path towards obtaining a green card for the victim and certain family members.
2. T Visa
The T visa is available for victims of human trafficking, who have been brought to the U.S. due to force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery. To be eligible for a T visa, the victim must meet the following criteria:
- Must be a victim of a severe form of trafficking in persons.
- Must be physically present in the U.S. due to trafficking.
- Must comply with any reasonable request for assistance in the investigation or prosecution of human trafficking, unless under the age of 18.
- Must demonstrate that he or she would suffer extreme hardship involving unusual and severe harm if removed from the U.S.
If approved, the T visa provides a path towards obtaining a green card for the victim and certain family members.
It is important for victims of abuse to consult with an immigration attorney to understand the eligibility requirements and the process of applying for a green card under the Victim of Abuse Visas category.
Transfer of Status Visas
Green card categories are the various ways in which foreign nationals can obtain lawful permanent resident status in the United States. One of these categories is the transfer of status visas.
Transfer of status visas are available to individuals who are already in the United States on a temporary nonimmigrant visa, and wish to switch to lawful permanent resident status.
To be eligible for a transfer of status visa, applicants must meet certain criteria. They must have maintained their nonimmigrant status and be in the United States legally. Additionally, they must have a valid job offer from a U.S. employer and meet any specific requirements associated with the particular visa category they are applying for.
Transfer of status visas provide a way for individuals to transition from temporary visa status to permanent residency in the United States. This can be an attractive option for those who have established themselves in the country and wish to make it their permanent home.
It’s important to note that the process for obtaining a transfer of status visa can be complex and time-consuming. It’s recommended to seek guidance from an experienced immigration attorney to ensure that all eligibility requirements are met and the application is properly completed.
If you are currently in the United States on a temporary nonimmigrant visa and wish to obtain permanent resident status, a transfer of status visa may be an option for you. Consult with an immigration attorney to determine the best course of action for your specific situation.
Parolee Visas
Parolee Visas are a list of green card categories that provide eligibility for individuals who have been granted parole into the United States. Parole is a discretionary authority given to the Department of Homeland Security (DHS) to temporarily allow individuals who are otherwise inadmissible to enter or remain in the United States for urgent humanitarian reasons or significant public benefit.
There are several categories under which individuals granted parole may be eligible for a green card:
- Parolee Spouse of a U.S. Citizen: A parolee who is married to a U.S. citizen may be eligible for a green card through marriage. The U.S. citizen petitioner will need to file an immigrant petition on behalf of the parolee spouse.
- Parolee Child of a U.S. Citizen: A parolee who is under 21 years old and unmarried may be eligible for a green card as the child of a U.S. citizen. The U.S. citizen parent will need to file an immigrant petition on behalf of the parolee child.
- Parolee Parent of a U.S. Citizen: A parolee who is the parent of a U.S. citizen who is at least 21 years old may be eligible for a green card. The U.S. citizen child will need to file an immigrant petition on behalf of the parolee parent.
- Parolee Widow(er) of a U.S. Citizen: A parolee who was married to a U.S. citizen at the time of the citizen’s death may be eligible for a green card as a widow(er) of a U.S. citizen. The widow(er) will need to file an immigrant petition within two years of the citizen’s death.
It is important to note that the eligibility requirements for each category may vary and additional documentation and evidence may be required. It is recommended to consult with an immigration attorney or the U.S. Citizenship and Immigration Services (USCIS) for specific guidance on applying for a green card as a parolee.
T-Visas
T-Visas are a category of nonimmigrant visas intended for victims of human trafficking. These visas provide legal status and protection to those who have been subjected to severe forms of trafficking in persons.
There are several categories of T-Visas, each with its own eligibility requirements:
- T-1 Visa: This visa is for individuals who have been trafficked into the United States and are willing to assist in the investigation and prosecution of the traffickers.
- T-2 Visa: This visa is for immediate family members (spouse, children under 21, or parents) of T-1 visa holders, who are also victims of human trafficking.
- T-3 Visa: This visa is for children (under 21) of T-1 visa holders, who are also victims of human trafficking.
- T-4 Visa: This visa is for parents of T-1 visa holders, who are also victims of human trafficking.
In order to be eligible for a T-Visa, applicants must meet certain requirements, including being physically present in the United States due to trafficking, being present in the United States as a result of trafficking, and being able to demonstrate that they would suffer extreme hardship if removed from the United States.
T-Visas provide victims of human trafficking with the opportunity to escape their captors, obtain legal status in the United States, and start a new life free from exploitation and abuse.
U-Visas
The U-Visa is a special category of green card that is available to victims of certain crimes who have suffered substantial physical or mental abuse and are willing to assist law enforcement in the investigation or prosecution of those crimes. To be eligible for a U-Visa, individuals must meet the following criteria:
- They must have knowledge of and be helpful in the investigation or prosecution of a qualifying crime;
- They must have suffered substantial physical or mental abuse as a result of the qualifying crime;
- They must be admissible to the United States or able to obtain a waiver of any applicable grounds of inadmissibility (such as criminal activity or previous immigration violations);
- They must have been helpful or be likely to be helpful in the investigation or prosecution of the qualifying crime;
- The qualifying crime must have violated U.S. laws or occurred in the U.S.;
- They must have been the victim of a qualifying crime, which includes offenses such as domestic violence, sexual assault, human trafficking, and other serious crimes;
- They must obtain a certification from a certifying agency confirming their cooperation in the investigation or prosecution of the qualifying crime.
If approved, U-Visa holders are granted a temporary legal status in the United States, as well as the ability to work and travel. After three years, they may be eligible to apply for a green card and become a lawful permanent resident.
It is important for individuals who believe they may qualify for a U-Visa to consult with an immigration attorney to navigate the application process and ensure their rights and protections are preserved.
Veteran Visas
If you have served in the military of the United States, you may be eligible for a veteran’s visa. There are several categories of veteran visas that provide opportunities for veterans to obtain a Green Card and become permanent residents of the United States.
The following is a list of the categories of veteran visas:
| Category | Description |
|---|---|
| VA1 | Visa for veterans who have served in the U.S. Army. |
| VA2 | Visa for veterans who have served in the U.S. Navy. |
| VA3 | Visa for veterans who have served in the U.S. Air Force. |
| VA4 | Visa for veterans who have served in the U.S. Marine Corps. |
| VA5 | Visa for veterans who have served in the U.S. Coast Guard. |
To be eligible for a veteran visa, you must meet certain requirements, such as having an honorable discharge from the military and meeting any specific criteria for the category of visa you are applying for. Additionally, there may be limited visa availability in some categories.
If you are interested in applying for a veteran visa, it is recommended to consult with an immigration attorney or contact the U.S. Department of Veterans Affairs for more information and guidance on the application process.
Cancelled or Expired Visas
When applying for a green card, it’s important to understand that certain visa statuses may render you ineligible for permanent residency. One such status is a cancelled or expired visa.
If your visa has been cancelled or expired, it means that your authorized stay in the United States has ended, and you no longer have legal immigration status. This can occur for a variety of reasons, such as overstaying your visa, engaging in unlawful activities, or violating the terms of your visa.
Consequences of a Cancelled or Expired Visa
If your visa has been cancelled or expired, you may be considered “out of status,” which can have significant implications for your immigration prospects. It can make it extremely difficult to obtain a green card or other forms of legal immigration status.
Furthermore, having a cancelled or expired visa can result in your removal from the United States. Immigration authorities may initiate removal proceedings against you, leading to deportation.
Regaining Legal Status
If your visa has been cancelled or expired, there are options available to regain legal immigration status. For example, you may be able to apply for a visa extension, change your visa status, or apply for a green card through a family member or employer.
However, it’s important to note that regaining legal status after a cancelled or expired visa can be a complex and challenging process. It’s highly recommended to consult with an immigration attorney who can guide you through the necessary steps and requirements.
Overall, it’s crucial to maintain a valid visa status throughout your stay in the United States in order to have the best chance of obtaining a green card and achieving permanent residency.
Humanitarian Parole Visas
Humanitarian parole visas are a category of green card that allows individuals to enter and stay in the United States for a temporary period due to compelling humanitarian reasons.
Eligibility Requirements:
1. Compelling Reason
Applicants must have a compelling reason to enter or remain in the United States. This can include urgent medical treatment, family reunification, or other similar circumstances.
2. Documented Evidence
Applicants must provide documented evidence to support their case for humanitarian parole. This can include medical records, letters of recommendation, or other supporting documentation.
It is important to note that humanitarian parole visas are temporary and do not provide a path to a permanent green card. Individuals granted humanitarian parole must depart the United States once their approved period of stay has ended.
If you believe you may qualify for a humanitarian parole visa, it is recommended to consult with an immigration attorney or seek guidance from the United States Citizenship and Immigration Services (USCIS) for more information on the application process and requirements.
Employment Creation Visas
Employment Creation Visas, also known as EB-5 visas, are a category of green cards that are designed to promote job creation in the United States. These visas are available to foreign entrepreneurs who invest a certain amount of capital in a new commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers.
There are two main categories of Employment Creation Visas:
1. Direct Investment: Under this category, an individual must invest at least $1.8 million in a new commercial enterprise, or $900,000 in a targeted employment area, which is an area with high unemployment or a rural area. The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a conditional permanent resident.
2. Regional Centers: Regional Centers are organizations that are designated by the U.S. Citizenship and Immigration Services (USCIS) to promote economic growth in specific regions. Under this category, an individual must invest at least $900,000 in a new commercial enterprise associated with a Regional Center. The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a conditional permanent resident.
It’s important to note that Employment Creation Visas have specific eligibility requirements and the application process can be complex. Additionally, there is a limited number of visas available each year, so it’s advisable to consult with an immigration attorney for guidance and assistance.
Disclaimer: This article provides general information only and is not intended to be legal advice. Please consult with an immigration attorney for personalized guidance and assistance.
Q&A:
What is a green card?
A green card is a document that gives foreign nationals the legal right to live and work permanently in the United States.
How can I get a green card?
There are several ways to get a green card. Some common categories include employment-based green cards, family-sponsored green cards, and diversity lottery green cards.
What are the eligibility requirements for an employment-based green card?
The eligibility requirements for an employment-based green card vary depending on the specific category. Generally, applicants must have a job offer from a U.S. employer and meet certain education or work experience requirements.
Can I get a green card through my family?
Yes, if you have a close family member who is a U.S. citizen or a permanent resident, they may be able to sponsor you for a green card. The exact requirements depend on the specific family relationship.
What is the diversity visa lottery?
The diversity visa lottery, also known as the green card lottery, is a program that allows individuals from countries with low rates of immigration to the United States to apply for a green card. Winners are selected randomly through a computer-generated lottery process.
What is a Green Card?
A Green Card, also known as a Permanent Resident Card, is an identification card that proves an individual’s permanent resident status in the United States.
What are the different categories for obtaining a Green Card?
There are several categories under which an individual can apply for a Green Card, including family-based, employment-based, refugee or asylee status, and special programs. Each category has its own eligibility requirements.