How to obtain a "Green Card"
There are several different ways to obtain a "green card" or Legal Permanent Resident Status (LPR) in the United States. The following are the four most common ways to become a permanent resident:
- Family-Based Sponsorship
A U.S. Citizen or a "Green Card" holder can sponsor an immediate relative for an Immigrant Visa by filing an Immigrant Petition for an Alien Relative. Once an Immigrant Visa Petition is filed and approved, your relative will be able to apply for a "green card". If your relative is in the U.S. they can apply for adjustment of status to a permanent resident. If they are outside of the U.S. they will have to apply for an Immigrant Visa and go through a consular process abroad.
Some relatives cannot apply for a "green card" right away because a visa number is not immediately available to them. The government established what is known as "preference categories" which determine when a visa number will become available for your relative, based on the visa bulletin. However, immediate relatives of U.S. Citizens do not face this problem because an immigrant visa number is always available and a "green card" application can be filed as a one step process with the Immigrant Petition.
Immediate Relatives of a U.S. Citizen who do not have to wait for a visa number:
- Spouse of U.S. Citizen
- Dependant Child under 21 years of a U.S. Citizen
- Parent of U.S. Citizen
All other qualified relatives must wait for an immigrant visa number based on the preference category assigned to them. There are four preference categories which determine what relative qualifies for a visa number and when they can apply for their "green card" (once a visa number is available):
- First Preference Category
Sons and Daughters (21 years +) of a U.S. Citizen - Second Preference Category
Spouse, Dependant Children (under 21 years) and unmarried Sons and Daughters of U.S. Permanent Residents - Third Preference Category
Married Sons and Daughters (21 years +) of U.S. Citizens - Fourth Preference Category
Brothers and Sisters of U.S. Citizens
The preference categories correlate to first in line for a visa. There is a certain amount of immigrant visa numbers available for each preference category each fiscal year. The visa numbers are given out based on the relative's priority date (the date an Immigrant Petition was filed). The priority dates can be monitored on the Visa Bulletin issued every month by the U.S. Department of State. For example, if someone filed an Immigrant Petition in 2006 they will get priority over someone who filed in 2008 in the same preference category. Further, the priority dates are based on the foreign relative's country of nationality.
Once an immigrant visa number is available for your relative, they can apply for their "green card" either through adjustment of status or through consular processing, depending on their situation.
- Employment-Based Sponsorship
Employment based sponsorship is somewhat similar to a family based sponsorship except that an U.S. employer has to sponsor a foreign national for a "green card". Usually more steps are involved in an employment based sponsorship than in a family based one.
First, a foreign national needs to be on a valid work visa (H-1B, TN, L-1 etc.) with a few exceptions. The next step would be for an Employer to initiate a Labor Certification Case (PERM) and undergo recruitment for the position to be filled by the foreign national. This recruitment process is designed to see if there are no qualified and willing U.S. workers to take this position. If the recruitment determines that there are no qualified U.S. workers, the Employer can proceed filing the PERM. Please note that the EB-1 category does not require a PERM and recruitment process nor do certain other qualifying individuals.
After the PERM gets approved, the Employer will file an Immigrant Petition for Alien Worker; either concurrently with the "green card application" if the foreign national has an immediately available immigrant visa number otherwise the Immigrant Petition has to be filed separately.
If the Immigrant Petition was filed separately and approved, the next step would be to file a green card application "green card" (if a visa number is available) through adjustment of status or consular processing depending if the foreign worker is within the United States or overseas. If a visa number is not immediately available after the Immigrant Petition has been approved, then the foreign national has to wait with the filing of the application until a visa number becomes available.
The government established preference categories to determine when a visa will become available for what Employment-based category. Each year there are 140,000 Immigrant Visa's made available.
There are five preference categories but the three most common Employment-based preference categories are:
- Employment-Based First Preference (EB-1)
- Employment-Based Second Preference (EB-2)
- Employment-Based Third Preference (EB-3)
The EB categories are determined for each worker during the PERM process based on the foreign nationals experience, education and job title. To ensure the availability of the employment based visa numbers you can go to the Visa Bulletin Board issued each month by the U.S. Department of State.
Generally, EB-1 and often EB-2 preference categories are current which means there is no waiting time in order to apply for your "green card". However, the EB-3 category, which is the category that most foreign nationals are placed in, has usually a significant waiting time. This waiting time further depends on what country the foreign national is from.
Once a visa number is available a "green card" application can be filed for the foreign national and his/her dependant family with accompanying work and travel permits if necessary.
- "Green Card" Lottery (Diversity Visa Lottery)
Each year, the Department of State gives out 55,000 "green cards" to foreign nationals from a list of selected countries with low immigration rates to the United States. Individuals from those countries can fill out an Application and submit it to the Department of State usually by December 1 of each year. The Department of State will randomly select the winners and pre-determine their eligibility. If the applicant is qualified, the Department of State will contact the winners by mail and provide further instructions on how to obtain their Immigrant Visa and "green card". For more information on the diversity visa lottery please follow the link to the U.S. Department of State website.
- Asylum
Asylum is a form of protection granted to individuals in the United States who have been persecuted or have a credible fear they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion. Individuals who meet this definition and who are already in the United States or who are seeking entry into the United States at a port of entry may qualify for a grant of asylum and be permitted to remain in the United States as permanent residents ("green card" holders). Asylum-seekers may apply for asylum in the United States regardless of their countries of origin and regardless of their current immigration status. There are no quotas on the number of individuals who may be granted asylum each year.
Asylum Applicants must file their applications for asylum within their first year of arrival in the United States (there are limited exceptions to this rule). The asylum application is filed with the regional Asylum Office. At this point, the asylum application will either be granted, denied or the officer will send the asylum application to the Immigration Judge for an Individual Hearing.
Once an asylum application is granted, the asylee may apply for adjustment of status (I-485), work and travel authorization. Also, there are many services out there for asylees to help them get on their feet including, housing and cash allowance, health services, language training, day care and other services. In order to qualify for those services, the asylee must file within 31 days of grant of asylum for government assistance.
