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Green Card Qualifications

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AMERICAN DREAM

Green Card Qualifications

Do I Fit One of the Narrow Categories to Apply for a Green Card?

Green Card Qualifications

A green card enables its holder to enter, live, and work in the United States for their entire life as a permanent U.S. resident. It’s also required to have one if you are looking to gain naturalized citizenship later in life. Green card holders are also known as lawful permanent residents (LPRs). 

The green card application process is difficult, especially since a non-U.S. citizen may not have a firm grasp of the American legal jargon. Consulting with a permanent resident attorney in Los Angeles like Grey Immigration Law will provide an advantage in going through this lengthy process.

As of 2019, there are an estimated 13.9 million green card holders living in the United States, and they have all gone through the green card application process. The first step is to have a sponsor, whether it’s a family member or employer, submit an immigrant petition to the USCIS. 

Then, you must acquire an immigrant visa number, and these numbers exist in limited quantities; even if the USCIS approves your petition, it’s not guaranteed that a number is available. The good news is that you can bypass this process and proceed to the next step immediately if the person sponsoring you is an immediate relative. If you do not have this luxury, you may be placed on a long waiting list. A lawyer based in Los Angeles may be able to help you expedite this process due to their connections and expertise on the subject.

Thirdly, you must adjust your status with the USCIS or apply for an immigrant visa at the nearest U.S. consulate in your country. 

Since this is a lengthy and complicated process, you have other options to live in the U.S. while your green card is pending. You can apply for a temporary work visa, which will allow you to work in the U.S. If you’re wanting to travel to the U.S. while your green card is still pending, then you can apply for an advance parole document. 

To apply for a green card, you must be eligible under one of the categories listed below.

Immediate Family Members

Immediate relatives are given priority when it comes to qualifying for U.S. green cards and receiving them quickly. In fact, there is an unlimited amount of green cards available for immediate family members. An immediate relative is defined as 

  • Spouses of U.S. citizens 
  • Parents of U.S. citizens, if the U.S. citizen child is at least age 21 
  • Stepchildren and stepparents of U.S. citizens
  • Biological and adopted children of U.S. citizens, if the adoption took place before the child reached age 16. Both must be under the age of 21.
  • Fiancé of a U.S. citizen (K-1 nonimmigrant)
  • Widow or widower of a U.S. citizen

Employment

If you are hired by a company based in the U.S., they can sponsor your green card. If you are a first preference immigrant worker, you have an extraordinary ability in the arts, sciences, education, business, or sports industry. 

A second preference immigrant worker would have a profession that requires an advanced degree or have exceptional ability in the sciences, arts, or business. This is also given to those seeking a national interest waiver. 

A third preference worker would be a skilled worker (meaning 2 years of experience or education are required for the position), a professional (meaning that your role requires a college degree), or an unskilled worker (meaning you will perform unskilled labor requiring less than 2 years training or experience).

Refugee or Asylee Status

If you have been a refugee or held asylum status for at least one year, you may be eligible to become an LPR. This kind of category requires several different applications, so it’s a good idea to reach out to a permanent residency attorney to ensure that you are completing them correctly.

Human Trafficking and Crime Victims

In an effort to combat human trafficking, those who are survivors of human trafficking can be given green cards in exchange for information on those who trafficked them. Adults and children may be eligible to obtain this as a reward for assisting law enforcement. They will not be held liable for anything illegal they may have done while a victim of human trafficking.

Green Card Lottery

Also known as the diversity immigrant visa, this visa is aimed at diversifying the American immigrant population. 55,000 immigrant visas are given out through the lottery annually by selecting applicants from countries with low numbers of immigrants in the previous five years. Given the desirability of entering the green card lottery, millions of hopeful immigrants apply each year. 

There is no charge to enter the lottery, but many fall victim to scams run by agencies that say they can accept additional fees to increase the chances of winning. If you feel you may have been scammed, reach out to a immigration lawyer in Los Angeles like Grey Immigration Law.

Finding Help

These are only a part of the many kinds of immigrants that are eligible for a green card. The categories are hyper-specific, and you may need a professional to help you achieve the American Dream. Since this process is so complicated, many immigrants seek legal help for permanent residency from professionals like Grey Immigration Law. For over 25 years, David Grey has been helping those in need immigrate to the country for a better life. You can start by scheduling a free evaluation regarding your immigration status.