How to get USA Permanent Residency

by

Obtaining permanent residency in the United States, commonly known as a Green Card, allows non-U.S. citizens to live and work in the country on a permanent basis. There are several pathways to becoming a permanent resident, depending on your circumstances, including family relationships, employment, refugee status, or other special categories. This guide will provide a detailed overview of the main routes to getting U.S. permanent residency.

1. Family-Based Green Card

One of the most common ways to obtain a Green Card is through family relationships. U.S. citizens and lawful permanent residents (LPRs) can sponsor certain family members for permanent residency.

a. Immediate Relatives of U.S. Citizens

Immediate relatives include:

  • Spouses of U.S. citizens.
  • Unmarried children (under 21) of U.S. citizens.
  • Parents of U.S. citizens (if the citizen is over 21).

There is no limit on the number of visas issued to immediate relatives, which means there are no long waiting periods, and the process is typically faster.

b. Family Preference Categories

Other family members can apply for a Green Card through the family preference system. These categories have annual visa limits, meaning the waiting time can be long, especially for applicants from countries with high demand like India, Mexico, and the Philippines. The categories include:

  • F1: Unmarried sons and daughters (21 and older) of U.S. citizens.
  • F2A: Spouses and children (under 21) of lawful permanent residents.
  • F2B: Unmarried sons and daughters (21 and older) of lawful permanent residents.
  • F3: Married sons and daughters of U.S. citizens.
  • F4: Brothers and sisters of U.S. citizens.

Steps:

  1. Petition by Family Member: The U.S. citizen or permanent resident files a Form I-130 (Petition for Alien Relative) to establish the family relationship.
  2. Visa Availability: If you are in a family preference category, you may need to wait until your priority date (the date the I-130 was filed) becomes current in the Visa Bulletin.
  3. Consular Processing or Adjustment of Status: If you’re outside the U.S., you’ll go through consular processing at a U.S. embassy or consulate. If you’re already in the U.S., you can apply for Adjustment of Status using Form I-485.

2. Employment-Based Green Card

Employment-based Green Cards are available to individuals with job offers from U.S. employers or those with extraordinary skills or abilities. There are five main employment-based categories (EB-1 to EB-5).

a. EB-1: Priority Workers

This category is for individuals with:

  • Extraordinary ability in fields such as science, arts, education, business, or athletics.
  • Outstanding professors or researchers.
  • Multinational managers or executives.

No PERM labor certification is required for this category, making it a faster process.

b. EB-2: Professionals with Advanced Degrees or Exceptional Ability

This category is for individuals who:

  • Hold an advanced degree (master’s degree or higher), or a bachelor’s degree plus five years of progressive work experience.
  • Have exceptional ability in the sciences, arts, or business.
  • Qualify for a National Interest Waiver (NIW), which allows applicants to bypass the labor certification if their work is in the U.S.’s national interest.

c. EB-3: Skilled Workers, Professionals, and Other Workers

This category is for:

  • Skilled workers (jobs requiring at least two years of training or experience).
  • Professionals (jobs requiring at least a bachelor’s degree).
  • Unskilled workers (jobs requiring less than two years of training).

Labor certification is required for EB-2 and EB-3 categories unless applying for a National Interest Waiver.

d. EB-4: Special Immigrants

This category includes religious workers, employees of U.S. foreign missions, retired employees of international organizations, and other special categories.

e. EB-5: Immigrant Investor Program

Investors can obtain a Green Card by investing at least $1.05 million (or $800,000 in targeted employment areas) in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.

Steps:

  1. Labor Certification (PERM): In most cases, the employer must first obtain certification from the Department of Labor (DOL), proving that hiring a foreign worker will not negatively affect U.S. workers’ job opportunities and wages.
  2. Petition by Employer: The employer files a Form I-140 (Immigrant Petition for Alien Worker).
  3. Visa Availability: For certain employment categories, especially for individuals from countries with high demand (India, China), the applicant may need to wait for their priority date to become current in the Visa Bulletin.
  4. Adjustment of Status (Form I-485) or Consular Processing: The applicant either adjusts status while in the U.S. or undergoes consular processing abroad.

3. Diversity Visa Lottery (Green Card Lottery)

The Diversity Immigrant Visa Program (commonly known as the Green Card Lottery) makes 50,000 visas available each year to applicants from countries with historically low rates of immigration to the U.S. The program is free to enter, and winners are selected randomly.

Key Points:

  • Applicants must meet certain education or work experience requirements.
  • Only citizens of certain countries are eligible to apply. Countries with high immigration rates to the U.S. (such as India, China, and Mexico) are excluded.

Steps:

  1. Enter the Lottery: Applications are submitted online, usually in the fall, through the Diversity Visa Lottery official website.
  2. Selection: Winners are selected randomly and can proceed with the application for a Green Card, including Form DS-260 for consular processing.

4. Asylum and Refugee Status

Individuals who have fled persecution in their home countries may apply for asylum or refugee status, which can lead to permanent residency.

a. Asylum

  • Individuals already in the U.S. can apply for asylum if they fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
  • If granted asylum, the individual can apply for a Green Card after one year of being granted asylum.

b. Refugee Status

  • Refugees, individuals granted protection while outside their home countries, can apply for permanent residency one year after arriving in the U.S.

5. Green Card for Special Categories

There are several special categories of individuals who can obtain a Green Card, including:

  • Victims of trafficking (T Visa holders).
  • Victims of crime (U Visa holders).
  • Battered spouses, children, or parents under the Violence Against Women Act (VAWA).
  • Special immigrant juveniles (children who have been abused, neglected, or abandoned).

6. Marriage-Based Green Card

One of the fastest ways to get a Green Card is through marriage to a U.S. citizen. Spouses of U.S. citizens are considered immediate relatives, meaning they are not subject to visa quotas, and their application can be processed more quickly.

Steps:

  1. Petition: The U.S. citizen spouse files Form I-130 (Petition for Alien Relative).
  2. Adjustment of Status (Form I-485): If the applicant is already in the U.S., they can file for Adjustment of Status. If outside the U.S., they will undergo consular processing.

If the marriage is less than two years old when the Green Card is issued, the foreign spouse will receive a conditional Green Card valid for two years. To remove the conditions, the couple must file Form I-751 within 90 days before the card expires, demonstrating that the marriage is bona fide.

7. Conclusion

Obtaining permanent residency in the United States involves navigating different pathways depending on your individual situation, such as family relationships, employment, or refugee status. Each category has its own set of requirements and processes, but the ultimate goal is to receive a Green Card, which grants the right to live and work in the U.S. permanently. Understanding which category applies to you and following the correct application steps is essential for a successful outcome.

Leave a Comment