The U.S. green card process is not always the easiest or most straightforward process. This process is often time-consuming and expensive. If you’re going through this process or curious about getting started, you probably have plenty of questions. One of the most important questions to figure out is if you are eligible. Today we’ll look at ways you could qualify for a U.S. green card. 

What is a green card?

The Lawful Permanent Resident Card (or Form I-551) is more commonly referred to as the U.S. green card. The green card gives the holder unrestricted work and residence authorization within the United States of America. Even though this offers unrestricted work and residency, you will still be subjected to the green card renewal process as this card does expire after some time.

This card is highly sought after by those interested in or already living in the U.S. who want to stay permanently. Once an applicant receives this card, they are free to work and live wherever they choose.

Who needs a green card?

Anyone who wants to work or live in the U.S. without restrictions. For example, the U.S. work permit only allows you to work for one company (the one which helped sponsor you) and live in the U.S. for the duration of your job. But with the green card, you won’t be anchored to one job or place.

Who is eligible for a green card?

There are several different categories of eligibility for a green card. Let’s look at some of these below.

Family

If you are the immediate relative of a U.S. citizen, you may qualify for a green card if you meet some of these criteria:

• Spouses of U.S. citizens
• Unmarried children under the age of 21 to U.S. citizens
• Parents of U.S. citizens who are at least 21 years old.

This criteria also applies if you are the immediate relative of a permanent resident of the US.

There are some other aspects that can leave you eligible for a green card due to a family relationship if you were admitted to the U.S. under a K-1 spousal visa. Or if you came to the U.S. on a K-2 visa which is for the children of someone who was admitted under the K-1 visa.

Another case that would make one eligible for this visa is if you were the spouse of a U.S. citizen who passed away. If your spouse was a citizen during the time of your marriage, then you are eligible for a green card.

Employment

You might be eligible for the U.S. green card under the reason of employment if you are a first, second, or third-preference immigrant worker. There are also some other categories that fall under the scope of employment, such as investing or an EB1 national interest waiver, but the deeming eligibility for these can vary and should be discussed with a knowledgeable immigration attorney.

Now, let’s look at the different types of immigrant workers that can qualify for a green card under the grounds of employment.

First preference immigrant worker

A first-preference immigrant worker is someone who has outstanding abilities in certain categories. For example, some of these categories might include arts, science, education, business, or athletics.

Another way that you would qualify as a first-preference immigrant worker would be if you were an outstanding researcher, professor, or multilingual executive/ manager. There is a particular criterion that would qualify you as this, though. To find out more, you’ll want to contact a lawyer.

Second preference immigrant worker

To qualify as a second preference immigrant worker, you’ll need to be a member of a profession that requires an advanced degree. You could also qualify for this if you have great abilities in some select categories. These categories might include business, science, or arts. You could also qualify for this if you are seeking a national interest waiver. 

Third preference immigrant worker

Lastly, we have a third preference for immigrant workers. You will qualify for this if you are a skilled worker. To be considered a skilled worker, your job would need to require a minimum of two years of training or experience. You may also qualify if you are a professional with at least a bachelor’s degree or equivalent. You might qualify if you are an unskilled worker whose job requires less than two years of experience or training.

Special immigrant

If you are interested in qualifying due to a special immigrant reason, here are some of the criteria you would need to meet:

• Religious worker: If you are a member of a religious denomination and are interested in coming to the U.S. to work under a nonprofit religious organization.
• Special immigrant juvenile: If you are a juvenile who seeks protection due to abuse, abandonment, or neglect by a parent or guardian.
• Afghanistan or Iraq national: If you worked for the U.S. government as an Afghan or Iraqi translator. Or if you were an Iraqi who the U.S. government employed for at least one year during or after the date of March 20, 2003.

Asylum or refugee

If you were granted asylum at least a year ago, then you would qualify for a U.S. green card. The same applies if you were admitted as a refugee at least a year ago, then you would also qualify.

Victims of abuse

If you were the spouse or child of a U.S. citizen and were the victim of abuse, you would also qualify for the green card as a VAWA self-petitioner. In addition, if you are a child who was abused, neglected, or abandoned by a parent and you hold the SIJ status, then you also qualify for a green card.

Conclusion

These aren’t all of the ways to qualify for a green card, but these are the most common. The best way to determine whether you qualify for a green card is to speak with an attorney who can help you with the next steps in the process.

Published: 2022-11-16 01:08:58