Ways to Obtain a Green Card

By Asim Clinch, Immigration Attorney at Clinch Law Firm

For many people who want to live and work in the United States, a Green Card means permanent residency and is the first major step towards becoming a U.S. citizen. Holding a Green Card allows an individual to reside in the U.S. indefinitely, provides a work permit, and grants access to many social benefits.

There are several ways to obtain a Green Card, and each method may vary depending on the applicant’s personal, family, or professional situation. In this article, we will discuss the most common ways to obtain a Green Card in detail:

1. Family-Based Green Card
2. Employment-Based Green Card
3. Investment-Based Green Card (EB-5 Program)
4. Green Card through Refugee or Asylum Status
5. Diversity Visa Program (DV Lottery)
6. Green Card through Fiancé Visa (K-1)

If you have any questions related to this topic, feel free to reach out through the comment section below, send me a message directly on LinkedIn, or contact me through Clinch Law Firm’s website!

1. Family-Based Green Card

One of the most common ways to get a Green Card is through family connections. If you have a U.S. citizen or Green Card-holding relative, this method may be right for you. However, the duration and likelihood of approval for family-based applications depend on the degree of the family relationship.

Family-Based Green Card Categories:

• Marriage to a U.S. Citizen: Foreigners who marry a U.S. citizen can apply for a Green Card through marriage. This process is typically faster than other methods, but proof of a genuine relationship is crucial. The applicant must provide documents and evidence of shared life. Upon approval, a two-year conditional Green Card is granted, after which a permanent Green Card can be applied for.
• Immediate Relatives of U.S. Citizens: U.S. citizens can file for their parents, children under 21, and siblings. Applications for immediate relatives are processed faster because they are not subject to annual quotas.
• Family Members of Green Card Holders: Green Card holders can apply for their spouses and unmarried children. These applications usually take longer to process compared to those sponsored by U.S. citizens.

2. Employment-Based Green Card

For those working in the U.S., another way to obtain a Green Card is through employer sponsorship or applying under the extraordinary ability category. This method is ideal for qualified professionals and individuals who have received a job offer.

Employment-Based Green Card Categories:

• EB-1 Category (Individuals with Extraordinary Ability): This category is for individuals with extraordinary abilities in the fields of science, arts, education, business, or sports. It also includes outstanding professors, researchers, and executives of multinational companies. EB-1 applications are processed faster than other employment-based applications.
• EB-2 Category (Advanced Degree Professionals): EB-2 is for professionals with at least a master’s degree or individuals with exceptional expertise in their field. National Interest Waiver (NIW) applicants also fall under this category, where the individual’s work serves U.S. national interests, and employer sponsorship is not required.
• EB-3 Category (Skilled Workers and Professionals): EB-3 is for skilled workers with at least two years of experience, professionals with a bachelor’s degree, and unskilled workers. Employer sponsorship is usually required for this category, and the application process can be longer.

3. Investment-Based Green Card (EB-5 Program)

Investors can obtain a Green Card by making a substantial investment. The EB-5 visa requires a minimum investment of $1.8 million (or $900,000 in designated economically distressed areas) and the creation of at least 10 full-time jobs for U.S. workers.

EB-5 Program Requirements:

• The investment must directly or indirectly create at least 10 jobs.
• After approval, the investor receives a two-year conditional Green Card. If the investment and job creation are maintained during this period, the investor can apply for a permanent Green Card.

4. Green Card through Refugee or Asylum Status

Individuals who have been granted refugee or asylum status in the U.S. can apply for a Green Card after residing in the country for one year. This type of application is often made by those fleeing persecution, coming from war zones, or experiencing serious human rights violations.

5. Diversity Visa Program (DV Lottery)

The U.S. government holds a Green Card lottery every year for immigrants from certain countries. This program allows people from underrepresented nations to immigrate to the U.S. as permanent residents. To apply, candidates typically need to have a high school diploma or relevant work experience.

DV Lottery Eligibility Requirements:

• The applicant must be from an eligible country with a low immigration rate to the U.S.
• A high school diploma or at least two years of work experience within the last five years is required.
• Participation in the DV Lottery is free, but millions apply each year, so the odds of winning are limited.

6. Green Card through Fiancé Visa (K-1)

Individuals engaged to U.S. citizens can enter the country with a K-1 fiancé visa. This visa requires the couple to marry within 90 days of arrival, after which the foreign spouse can apply for a Green Card.

K-1 Visa Requirements:

• The applicant must prove they are engaged to a U.S. citizen.
• The couple must provide evidence of their intent to marry.
• The marriage must take place within 90 days of entering the U.S.

Conclusion

There are many different ways to obtain a Green Card, and the process can be complex depending on the applicant’s individual circumstances. Whether through family, work, investment, or even the DV Lottery, each method requires different steps and documentation. To ensure a successful application, it’s important to seek guidance from a professional.

At Clinch Law Firm, we are ready to assist you throughout the Green Card application process. If you have any questions or are ready to start the process, please contact us. For professional support, detailed information, and consultation services, reach out to us at clinchlaw.com, via email at info@clinchlaw.com, or on LinkedIn.