A green card remains one of the most coveted titles for foreigners who want to settle lawfully and permanently in America. Lawful permanent residents, also called green card holders, have the right to live, work, and settle in the US with full legal rights. If they wish to obtain US citizenship, they can apply through the naturalization process.
To apply for a Green Card, one must be eligible under one of the several categories available under the law. The two most popular categories are – Through Family and Through Employment.
Who Can Apply for a US Green Card Based on Family?
If you have a close family member who is a US citizen or a lawful permanent resident (green card holder), you may be eligible to apply for a US green card.
Immediate Relatives of a US Citizen
This is the fastest route because the immigrant visas for immediate relatives of U.S. citizens are unlimited, so the visas are always available.
You qualify if you are the spouse, an unmarried child under 21, or a parent of a US citizen.
If you are currently in the United States, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. This is called “adjustment of status.”
As an immediate relative, you may file your Form I-485 together (“concurrently”) with the Form I-130, Petition for Alien Relative filed on your behalf, while the Form I-130 is pending, or after the Form I-130 is approved (and remains valid).
Your age can determine whether you are eligible for a Green Card as a “child.” The Child Status Protection Act, often referred to as CSPA, allows certain children who have aged out (become 21 years or older) after an immigrant petition has been filed to still be eligible for a Green Card through their parents.
Other Relatives of a US Citizen or Green Card Holder
These fall under family-based preference categories and usually have longer waiting times. You qualify as a family member of a US citizen if you are their unmarried son or daughter aged 21 or older, a married son or daughter, or a brother or sister.
If your family member is a lawful permanent resident, you may qualify if you are their spouse, an unmarried child under 21, or an unmarried son or daughter aged 21 or older.
Fiancé(e) of a US Citizen
If you entered the US as the fiancé(e) of a US citizen (K-1 visa), or as the child of such a fiancé(e) (K-2 visa), you may also be eligible to apply.
If you are a U.S. citizen who wants to bring your foreign fiancée to the United States to get married, you will need to file a Form I-129F, Petition For Alien fiancée. This is the first step to obtaining a K-1 non-immigrant visa for your fiancée. The K-1 nonimmigrant visa is also known as a fiancée visa.
You are required to either marry a United States citizen within 90 days of entry or to depart the United States. After your marriage to a U.S. citizen who petitioned for you, you must file an Application to Register Permanent Residence or Adjust Status (Form I-485).
If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative, for your foreigner spouse who is abroad, you can file a Form I-129F, Petition for Alien Fiancé(e), for your foreign spouse and their children to obtain K-3 and K-4 nonimmigrant visas to come to the United States to await processing of the Form I-130.
Who Can Apply for a US Green Card Through Employment?
If you have specific skills, qualifications, or are planning to invest in the US, you may be eligible for a US green card through employment.
First Preference — EB-1 Visa: Extraordinary Ability or Top-Level Roles
This is the highest category and is for the most accomplished individuals. You qualify if you have extraordinary ability in the sciences, arts, education, business, or athletics, or if you are an outstanding professor or researcher, or a multinational manager or executive who meets certain criteria. If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.
Second Preference — EB-2 Visa: Advanced Degrees or Exceptional Ability
You qualify if you are a member of a profession that requires an advanced degree, or if you have exceptional ability in the sciences, arts, or business. You may also qualify if you are seeking a national interest waiver — meaning your work is in the interest of the US as a whole.
A U.S. employer must file a Form I-140, Immigrant Petition for Alien Workers, on your behalf, except for petitions based on a national interest waiver, where you may file a Form I-140 on your own behalf. If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.
Third Preference — EB-3 Visa: Skilled, Professional, and Unskilled Workers
This category covers a wider range of workers. You qualify if you are a skilled worker whose job requires at least two years of training or work experience, or a professional whose job requires at least a US bachelor’s degree or its foreign equivalent. Unskilled workers, those performing work that requires less than two years of training or experience, also fall under this category.
Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply with or after you for admission to the United States as lawful permanent residents based on your approval.
Physician National Interest Waiver
Doctors can apply separately under this category. If you are a physician who agrees to work full-time in clinical practice in a designated underserved area for a set period of time and also meets other eligibility requirements, you may be eligible.
To apply for a Green Card as a physician NIW, you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status. Although not required, writing on the top of page 1 of your Form I-485 “NIW-P” will help USCIS properly process your case.
The second-preference employment category (EB-2) allows individuals of exceptional ability and individuals who are members of the professions holding advanced degrees to get a Green Card (permanent residence).
For EB-2s, a job offer and a labor certification is generally required. This requirement can be waived if the petitioner demonstrates that granting the EB-2 petition would be in the national interest of the United States.
One reason USCIS may grant the national interest waiver is that a physician has worked or agrees to work for a period of time in a designated underserved area.
Immigrant Investor: EB-5 Visa
If you are investing or have already invested at least $1,050,000 in a new commercial enterprise in the US or $800,000 in a targeted employment area or infrastructure project, and your investment will create full-time positions for at least 10 qualifying employees, you may be eligible for a green card through this route.
These foreign investors are called “EB-5 immigrant investors” because they are in the employment-based fifth preference visa category. Once USCIS approves your Form I-485 application or upon admission into the United States with an EB-5 immigrant visa, you will be granted conditional permanent residence and family members for two years.
Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies are subject to frequent change without notice. While we strive to provide accurate updates, readers are strongly advised to verify the latest requirements with the official embassy, consulate, or government portal of the respective country. Financial Express is not responsible for any decisions made based on this information. For personalized guidance, please consult a qualified immigration attorney or a certified professional advisor.