5 Ways to Obtain a Green Card in the U.S.

Tips
August 30, 2024
A Green Card, officially known as a Permanent Resident Card, represents an immigration status that allows an individual to live and work permanently in the U.S. It is also a precursor to U.S. citizenship through naturalization.
5 Ways to Obtain a Green Card in the U.S.

1 - How to Obtain a Green Card Through Family-Based Immigration

Family-based immigration remains the most significant path to obtaining a green card. Of course, having a close relative who is a U.S. citizen or permanent resident is a prerequisite for this route to permanent residency status.

Only specific types of relationships are eligible for family-based immigration. They are:

  • Immediate Relatives: Spouses, parents, and unmarried children (under 21 years old) of U.S. citizens.
  • First Preference: Unmarried adult children (over 21 years old) of U.S. citizens.
  • Second Preference (2A): Spouses of green card holders, unmarried children (under 21 years old) of permanent residents.
  • Second Preference (2B): Unmarried children (21 years or older) of permanent residents.
  • Third Preference: Married children (of any age) of U.S. citizens.
  • Fourth Preference: Siblings of U.S. citizens who are adults.

There is also a path for fiancés and U.S. citizens to enter the United States for marriage purposes and adjust their status to permanent residents. Family-based immigration can be one of the faster ways to obtain a green card. In addition to documenting the qualifying relationship, there are several requirements to establish eligibility.

2 - Employment-Based Opportunities for Permanent Residency

There are various categories of non-immigrant and immigrant visas related to employment. Non-immigrant work visas are temporary and do not provide a pathway to green card status. However, they can be an excellent springboard to other opportunities that offer permanent status. Immigrant visas offer immigrant status in the United States in the form of a green card.

There are five main categories of employment-based immigrant visas:

  • EB-1: Priority Workers
  • EB-2: Professionals with Advanced Degrees or Exceptional Skills
  • EB-3: Skilled Workers, Professionals, and Other Workers
  • EB-4: Special Immigrants
  • EB-5: Investors

Generally, you will need a U.S. employer to petition for permanent residency. This organization sponsors you throughout the process and usually pays the fees. However, for individuals with extraordinary abilities or significant financial investments, there are some opportunities for self-sponsorship.

3 - Obtain a Green Card Through Refugee/Asylee Status

Refugees and asylees seek to immigrate because they have suffered or fear suffering persecution in their home countries. The distinction between refugee and asylee largely depends on where they apply. Foreign nationals outside the U.S. apply for refugee status, while those who have already reached the U.S. border or interior (either legally or illegally) may apply for asylum.

A refugee or asylum seeker must demonstrate persecution based on one of the five protected grounds:

  • Race
  • Religion
  • Nationality
  • Membership in a particular social group
  • Political opinion

Examples of situations that may qualify as persecution include: political dissidents being imprisoned and tortured or presumed undesirable; shooting at protesters; committing genocide against a particular race; or ensuring that members of a particular religion are excluded from the political process. These situations will generally qualify for asylum or refugee status if the applicant can prove past persecution or a well-founded fear of future persecution. Seeking better economic opportunities is not grounds for an asylum/refugee claim.

Individuals granted refugee or asylum status generally can live and work in the U.S. After one year of residency, they can typically apply for a green card if they continue to meet the definition of asylee or refugee.

4 - Diversity Visa Program Pathway to Permanent Residency in the U.S.

For individuals who are not eligible through one of the paths described above, the most common way to immigrate is through the Diversity Visa Program. This program is commonly referred to as the green card lottery. The U.S. Department of State issues diversity visas to citizens of selected countries with a low number of immigrants to the U.S. in the past five years. The U.S. Congress makes 55,000 diversity visas available each year. However, demand still exceeds supply, so there is a lottery process to select the "winners."

There is no cost to enter the Diversity Visa Program lottery. If you are asked to pay a fee, make sure you are on the official site (dvprogram.state.gov). Many unaffiliated websites claim to apply for you and increase your chances. However, no third party can increase your chances of being selected. This type of visa is not available for Brazilians.

5 - Crime Victims May Qualify for Visas

Certain crime victims, human trafficking victims, and derivative family members may be eligible for a green card under U.S. law. U and T non-immigrant visas may be available for qualified victims who assist in the investigation or prosecution of the crime.

To be eligible for these types of visas, the individual generally must have suffered substantial physical or mental abuse as a result of being a victim. The individual must also assist law enforcement in the investigation of the crime.

Source: Migalhas

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