Getting a Green Card

Once you get a green card, you can legally live and work in the United States. Permanent residency status in the United States is highly sought after. However, not everyone gets their green cards in the same way. There may be different options for you depending on your situation.

This is an overview of U.S. immigrant laws for lawful permanent residency. For more information about getting a permanent resident card, talk to an experienced immigration attorney.

What Is a Green Card for Permanent Residency?

The term green card comes from the color of the lawful permanent residency (LPR) card. A green card/LPR card allows you to work and live in the U.S. A green card is also a pathway to naturalization to become a U.S. citizen. If you stay in good standing as a green card holder, you can later apply for U.S. citizenship.

How Do You Get Lawful Permanent Residency?

The U.S. government handles green card eligibility and applications through the U.S. Citizenship and Immigration Services (USCIS). First, you have to fit into a green card eligibility category. There are different paths to getting a green card in the U.S., including:

• Family-based immigration
• Employment-based immigration
• Refugees and asylees
• Diversity visa lottery
• Victims of violence or trafficking

Immigration laws in the U.S. are constantly changing. An immigration attorney can give you legal advice about green card eligibility and help you through the application process.

Family-Sponsored Green Card

Family sponsorship is the most common way to get lawful permanent resident status. Family sponsorship generally applies to relatives of U.S. citizens and relatives of green card holders. You may qualify for family sponsorship if you fit into one of four main categories:

• Immediate relatives of U.S. citizens: The immediate relatives are spouses, parents of U.S. citizens who are 21 or older, and unmarried children who are under 21.
• Family members of U.S. citizens in a preference category: The preference category includes married children of all ages, unmarried children over 21 years of age, and siblings of citizens who are 21 years of age and over.
• Relatives of green card holders: Those who qualify for this category include unmarried children of the green card holder and spouses.
• Relatives of U.S. citizens who qualify for a special program: These can include non-immigrant fiancés of U.S. citizens and their children, battered children or spouses of U.S. citizens, and spouses of deceased citizens.

Employment-based Green Card

Many foreign nationals get their green cards through employer sponsorship. This is often for workers with advanced degrees or exceptional abilities. If you have a job offer for permanent work by a U.S.-based employer, the employer files an Immigrant Petition for Alien Worker form after obtaining a labor certification.

However, you do not need to have an employer to obtain a work-based green card in all cases. An EB-5 visa is for some investors and entrepreneurs. This requires making an investment in a business that will create new jobs in the United States.

Self-petition is another job-based pathway. This applies to people with “extraordinary ability” or those who can get a National Interest Waiver. Skills in specialized jobs could help you independently secure a green card. Some of these special immigrant categories include Afghan/Iraqi translators, Panama Canal employees, and religious workers.

Asylum and Refugee Status

You can apply to stay in the United States as a refugee or asylum seeker. To qualify, the government evaluates conditions in your home country to determine the level of danger involved if you return.

Diversity Immigrant Visa Program

The U.S. Department of State has an annual visa lottery. The purpose of the program is to promote diversity. It provides a path to immigration for people from nations with lower rates of immigration to the country. The lottery randomly selects eligible applicants. If selected for the diversity visa, you can apply for permanent residency.

Other Green Card Eligibility Categories

There are other, less common, green card categories. These include special immigrants, victims of trafficking or crime victims, abused spouses and children, and Cuban natives. Talk to an immigration attorney to see if you qualify for a green card.

The Green Card Process

In order to become a permanent resident of the United States, you must apply through the USCIS. First, you have to meet one of the eligibility requirements above. File your initial immigration petition (such as Form I-130 Petition for Alien Relative or Form I-140 Petition for Alien Worker).

After approval and securing a visa, you can apply for your green card. File Form I-485 Application to Register Permanent Residence or Adjustment of Status. Most green card applicants will also self-file or have a sponsor file an immigrant petition.

If the applicant is inside the U.S., they apply for adjustment of status with USCIS. Applicants outside the country go through consular processing at their nearest U.S. embassy. Applicants provide fingerprints, photos, and a signature as part of their biometrics appointment. An immigration officer conducts an interview to decide whether you qualify for a green card.

Track your green card application status on the USCIS website. You can also get postal service notifications for your green card, employment authorization document (EAD), or visa.

Getting Legal Help With Your Green Card

If you would like to live and work in the U.S., contact an immigration lawyer to find out about your legal options. An immigration lawyer can evaluate your unique situation and determine the pathway toward permanent residency. Your legal counsel can also help you prepare and file the green card application so that you have the highest likelihood of success.