15 Ways to Get Your Green Card to the U.S.

 

There are many different ways that someone can get their green card to become a permanent resident of the United States (a green card holder).

 

In this article, I will discuss 15 ways to get your green card.

 

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Family Based Green Card Categories

 

There are multiple ways for someone to qualify for a green card based on their relationship with a U.S. citizen or lawful permanent resident.

 

1. Marriage-Based Green Card 

 

If you are in a legitimate (bona-fide) marriage with a US Citizen or a Lawful Permanent Resident (Green Card Holder), you may potentially be eligible to apply for a green card. A legitimate marriage should be one that is bona fide or true. That means the marriage should not have been entered into purely for immigration benefits.

 

2. K1 Fiance Visa

 

The K1 Fiance Visa is a special type of visa that allows the fiance of a U.S. citizen to come to the United States. Once the fiancee is in the United States, if the couple gets married within 90 days, the fiancee can apply for their green card through a process called an adjustment of status.

 

3. Parent of a U.S. Citizen that is at Least 21 Years Old

 

If you are the parent of a U.S. citizen that is at least 21 years old, you may possibly be eligible to apply for your green card through your child. Your U.S. citizen child would need to petition for you by filing a Form I-130 immigrant petition on your behalf.

 

4. Sibling of a U.S. Citizen that is at Least 21 Years Old

 

If you are the sibling of a U.S. citizen that is at least 21 years old, you may possibly be eligible to apply  for your green card based on your relationship to your sibling. Your U.S. citizen sibling would have to petition for your by filing a Form I-130 with USCIS.

 

Employer Sponsored Green Card Categories

 

There are multiple ways to get a green card based on having a job offer to work in the United States.

 

5. EB2 and EB3 Visa

 

An employer sponsored green card is when an employer hires or is able to hire a foreign worker, and through that job offer, they can petition for a green card for the foreign worker.

 

There are several steps involved. The first step is that the U.S. employer must show that they tried to hire a U.S. worker. The U.S. employer must show that they were unable to hire a qualified U.S. worker either because there weren't any qualified, willing and available U.S. workers for the position (or something along those lines). Based on their inability to hire a U.S. worker, the U.S. employer can request authorization from the Department of Labor to hire a foreign worker. This is referred to as the PERM labor certification process.

 

The job must be a full-time job offer and the U.S. employer must pay the foreign worker at least the same amount as a similarly situated U.S. worker (this is called a prevailing wage). This is because the U.S. Government wants to protect U.S. workers and has therefore put forth policies to prevent foreign workers from coming to the United States and working for less than what a U.S. worker would get paid. So the U.S. employer has to pay the foreign worker at least the same amount that a qualified U.S. worker would get paid (or more).

 

The two visa classifications that correspond to the employer sponsored green card process are the EB2 visa and the EB3 visa. The appropriate visa classification (EB2 vs. EB3) will ultimately depend on your job duties. If your position requires an advanced degree, then you will likely fall under the EB2 visa classification. If your position is an unskilled position, you will likely fall under the EB3 visa classification.

 

Self Petition Green Card Options

There are multiple ways to get a green card through self petition. Below, I will discuss 2 of these options: the EB1A and the EB-2 national interest waiver. Through either of these options, someone can apply for their green card on their own without someone else filing a petition on their behalf.

 

6. EB1A 

 

The EB1A green card is for people with extraordinary ability in the sciences, business, athletics or the arts. This green card option is for people at the very top of their field. Through the EB1A green card, someone can apply for a green card without having an employer or family sponsor. To demonstrate extraordinary ability, someone may show evidence of awards, high remuneration, publications, and various other types of evidence.

 

7. EB2 National Interest Waiver (NIW)

 

The EB-2 national interest waiver is another option to obtain a green card through self petition. This green card option is specifically for people who will be coming to the United States to work in a field that is in the national interest of the United States.

 

Investment Based Green Card Option

 

Through the EB5 visa, one can also get their green card by making an investment in the United States.

 

8. EB5 Visa

 

The EB5 visa is a green card option for investors looking to invest in the United States and create jobs for US workers. The minimum investment amount to qualify for an EB5 visa is $800,000. This investment must lead to the creation of 10 full-time jobs for U.S. workers. Through the EB5 visa, someone can qualify for a green card for themselves, their spouse, and their unmarried children under 21 years old.