As a non-US national either living in the USA or looking to establish a new life there, you may want to apply for lawful permanent residence, otherwise known as a getting a Green Card. The following guide looks at green card eligibility, from the most popular categories under which to make an application to how to apply.

A green card, or permanent resident card, is the permission provided by US Citizenship and Immigration Services (USCIS) to live and work in the USA on a lawful permanent basis. As a lawful permanent resident you will be given a photo ID card, namely your green card, to prove your status.There are various different ways in which you can obtain a green card, although the highest numbers are issued annually to family members of US citizens and current green card holders, followed by workers from other countries seeking employment in the United States.Other green card routes include the following:

 

• As a special immigrant
• Through refugee or asylum status
• For human trafficking and crime victims
• For victims of abuse
• Through other categories
• Through registry

 

Under the “special immigrant” category you can apply as a religious worker; an Afghanistan or Iraqi national; an international broadcaster; an employee of an international organisation or family member, or NATO-6 employee or family member; and as a special immigrant juvenile (SIJ), ie; you are a child who has been abused, abandoned or neglected by your parent and you have SIJ status.

The “other categories” route again includes various specific subcategories, such as applicants selected for a diversity visa in the Department of State’s diversity visa lottery, otherwise known as the Diversity Immigrant Visa Program.

Finally, under the “registry” category, you may be eligible for a green card where you have resided continuously in the United States since before 1 January 1972.

 

Family-based green card eligibility criteria

 

The family route is where you are applying for a green card on the basis of your relationship with either a US citizen or a lawful permanent resident living in the United States who is prepared to file a petition on your behalf to sponsor you.

If you are the “immediate relative” of a US citizen you may be eligible to apply for a green card. The definition of immediate relative includes the following:

 

• The spouse of a US citizen, including the widows or widowers who were married to a US citizen at the time the citizen died
• The unmarried child under the age of 21 of a US citizen
• The parent of a US citizen where that citizen is over the age of 21.

 

You may also be eligible as a different family member of a US citizen, or as a relative of a lawful permanent resident, although extended family members, such as grandparents, will not qualify for a family-sponsored green card.

To be eligible as a relative other than an immediate relative of a US citizen, you will need to fall into one of the following five immigrant family-based preference categories:

 

• F1 first preference – for unmarried sons and daughters, aged 21 or more, of US citizens
• F2A second preference – for spouses and unmarried children, under 21 years of age, of lawful permanent residents
• F2B second preference – for unmarried sons and daughters, aged 21 or more, of lawful permanent residents
• F3 third preference – for married sons and daughters of US citizens
• F4 fourth preference – for brothers and sisters of US citizens, if the US citizen is aged 21 or more.

 

 

Employment-based green card eligibility criteria

 

The employment route covers a number of different subcategories based, in most cases, on the applicant being sponsored by a US employer to remain in the country indefinitely on the basis of their work.

Under the employment-based green card route, as with the family-based route, there are various immigrant preference categories, namely:

 

• EB-1 first preference immigrant workers – for priority workers such as those with an extraordinary ability in the sciences, arts, education, business or athletics, demonstrated through sustained national or international acclaim; or an outstanding professor or researcher; or a multinational manager or executive who meets certain criteria.
• EB-2 second preference immigrant workers – for members of a profession that requires an advanced degree; or have exceptional ability in the sciences, arts or business; or are seeking a national interest waiver.
• EB-3 third preference immigrant workers – for skilled workers for jobs requiring a minimum of 2 years training or work experience; or workers performing unskilled labor requiring less than 2 years training or experience; or a professional whose job requires at least a US bachelor’s degree or foreign equivalent, and is a member of the profession.
• EB-4 fourth preference immigrant workers – for special workers, including religious workers, broadcasters, armed forces members, and international employees of the US government overseas.
• EB-5 fifth preference immigrants – for immigrant investors, with a $1,050,000 investment threshold in a new commercial enterprise in the United States, or $800,000 in a targeted employment area. The enterprise must also create jobs for 10 qualifying employees

 

Under the EB-2 route, for second preference immigrant workers, a “national interest waiver” refers to where the usual labor certification requirement is waived on the basis that the applicant’s admission into the United States is in the national interest.

 

Applying for a green card eligibility criteria

 

Making an application for a green card from within the United States is known as “adjustment of status”. This is where you change from a temporary or nonimmigrant visa to an immigrant visa. However, you will be barred from adjusting status unless you satisfy the following green card eligibility criteria:

 

• You were lawfully admitted into the United States in the first place
• Your existing nonimmigrant visa status remains valid
• You have not committed any crimes that make you ineligible for a visa
• You have not violated the conditions of your admission.

 

The application process for a green card will usually require completion of two main forms. First, your US sponsor will need to file an immigrant petition on your behalf, typically either Form I-130, Petition for Alien Relative, or Form I-140, Immigrant Petition for Alien Worker.

In the case of an EB-5 application, as an immigrant investor, you will need to file the petition for yourself, using Form I-526, Immigrant Petition by Alien Investor.

Once your petition has been approved by USCIS, you will then be able to file your actual green card application using Form DS-260, Application for Immigrant Visa and Alien Registration, to go through consular processing from abroad, or Form I-485, Application to Register Permanent Residence or Adjust Status from within the United States.

You may also be required to enrol your biometric information, namely, your fingerprints, signature and a photograph of your face, as well attend an interview where you will be questioned in detail about your green card eligibility.

 

How long does a green card application take?

 

The timescales involved for getting a green card can vary significantly depending on the category in which you are applying. For the preference based categories there can be significant wait times of up to several years. This is because the visa numbers are limited for each category on an annual basis.

Although in those categories where the green card eligibility criteria is especially stringent, thereby resulting in low applicant numbers, the wait time can still run into several months. Similarly, even though there is no quota for the immediate relative visa category, an application can take weeks if not months to process.

If you are applying under a preference-based category you will need to visit the monthly “Visa Bulletin” released by the Department of State on its website. This contains up-to-date information on the current availability of immigrant visa numbers, giving prospective applicants some indication of when best to apply.

 

Need assistance?

 

NNU Immigration’s specialist US immigration attorneys can help with all Green Card applications, including advice on eligibility and the application process.

If you have a specific question or require support with your application, please get in touch contact us.

 

Green card eligibility FAQs

 

What is a green card?

A green card is a document that grants permanent residency in the US, allowing the holder to live and work in the US indefinitely. It also serves as a step toward becoming a US citizen.

 

Who is eligible for a green card?

Eligibility for a green card can be based on family relationships, employment, refugee or asylum status, the diversity visa lottery, or special immigrant categories. Each category has specific requirements that must be met.

 

What is the difference between adjustment of status and consular processing?

Adjustment of status is the process of applying for a green card while already in the US. Consular processing is when the applicant applies for a green card from outside the US at a US embassy or consulate.

 

Can I apply for a green card if I am already in the US?

Yes, if you are eligible, you can apply for a green card through adjustment of status without leaving the US. This is common for those who are already in the US on a different visa.

 

What is the Diversity Visa Lottery?

The Diversity Visa Lottery is a program that provides green cards to individuals from countries with low rates of immigration to the US. Applicants are selected through a random lottery system.

 

What happens if my green card application is denied?

If your green card application is denied, you will receive a notice explaining the reasons for the denial. Depending on the situation, you may be able to appeal the decision or reapply if the issues can be resolved.

 

How long does it take to get a green card?

The time it takes to get a green card varies depending on the category of eligibility, the applicant’s country of origin, and current processing times. It can range from a few months to several years.

 

Can I travel outside the US while my green card application is pending?

Yes, but you will need to obtain advance parole before leaving the US to ensure that you can re-enter without abandoning your green card application.

 

Do I need a lawyer to apply for a green card?

While it is not required to have a lawyer, many applicants choose to seek legal advice to navigate the complex application process and ensure all requirements are met.

 

What is the role of the visa bulletin in the green card process?

The visa bulletin, published monthly by the US Department of State, provides information on the availability of visas in various green card categories. It helps applicants know when they can proceed with their application based on their priority date.

 

Glossary

 

Term	Definition
Green Card	A document that grants permanent residency in the US, allowing the holder to live and work in the US indefinitely.
Permanent Residency	The legal status of living and working in the US permanently, typically achieved by obtaining a green card.
Family-Based Green Card	A green card category for individuals who have close family members who are US citizens or permanent residents.
Employment-Based Green Card	A green card category for individuals who qualify based on their job or employment skills, typically through specific preference categories like EB-1, EB-2, and EB-3.
Diversity Visa Lottery	A program that provides green cards to individuals from countries with low immigration rates to the US, selected through a random lottery.
Asylum	Protection granted to individuals in the US who have been persecuted or fear persecution in their home country, potentially leading to eligibility for a green card.
Refugee Status	Protection granted to individuals who have been forced to flee their home country due to persecution, with the possibility of applying for a green card after one year in the US.
Special Immigrant Juvenile (SIJ) Program	A program that provides green cards to children who have been abused, abandoned, or neglected, and who cannot reunite with a parent in their home country.
Adjustment of Status	The process of applying for a green card while already in the US, allowing the applicant to change from a non-immigrant to an immigrant status without leaving the US.
Consular Processing	The process of applying for a green card from outside the US, where the applicant attends an interview at a US embassy or consulate.
Form I-130	The Petition for Alien Relative form, used to establish a qualifying family relationship for a family-based green card.
Form I-140	The Immigrant Petition for Alien Worker form, used by employers to sponsor a foreign worker for an employment-based green card.
Advance Parole	A travel document that allows individuals with a pending green card application to re-enter the US after traveling abroad, without abandoning their application.
Biometrics Appointment	A required appointment where green card applicants provide fingerprints, photos, and signatures for background checks.
Medical Examination	A health check required for green card applicants to ensure they do not have any conditions that would make them inadmissible to the US.
Immediate Relative	A category of family members (spouses, unmarried children under 21, and parents of US citizens) who are eligible for a green card without waiting for a visa number.
Preference Categories	Categories used in family-based and employment-based green card applications that determine the order in which visas are issued based on the relationship or job skills.
Inadmissibility	A legal term describing individuals who are not allowed to enter or remain in the US due to certain factors such as criminal history, health issues, or immigration violations.
USCIS	United States Citizenship and Immigration Services, the government agency responsible for processing green card applications and other immigration benefits.
Green Card Interview	A required step in the green card application process where an applicant is interviewed by a USCIS officer or consular officer to verify eligibility.
Waiver	An exemption that allows an applicant to overcome a ground of inadmissibility, allowing them to still obtain a green card despite certain issues.
Priority Date	The date when a green card petition is filed, used to determine an applicant’s place in line for visa processing in certain preference categories.
Visa Bulletin	A monthly publication by the US Department of State that provides information on visa number availability and priority dates for green card applicants.