The green card is a legal document that confers permanent residence status. People may obtain one through employment, family or national interest waivers.
Each category has its own wait times, which are determined by whether the candidate lives inside or outside the United States and which process they use (adjustment of status or consular processing). Green card eligibility categories also vary by age, work experience, and education.
Immediate Relatives
The Immigration and Nationality Act sets out categories for family visa sponsorship. Immediate relatives are spouses, unmarried children under 21, and parents of U.S. citizens. This group is not subject to yearly limits on the number of visas available, so these people are often able to get their green cards relatively quickly.
However, the sponsor must file a Form I-130 to start the process, and there may be waiting times depending on how many people are ahead of your relative in line. If your sponsor becomes a citizen during the green card application process, this will automatically change your relative’s category to immediate relatives and reduce or eliminate any waiting time. This group also doesn’t have to face the same bars as the family preference groups, such as those related to overstaying a visa or working illegally in the United States. This can save you significant processing and interview wait times. Getting a green card from an immediate relative can also be done in-country, without having to go through consular processing.
Family Preference
If your family members do not fit into the immediate relatives category, they can apply for a green card through family preference categories. This is a much more complicated process and there are many different categories that your family might fall under. These categories are based on the relationship to the sponsoring family member. Family preference is limited by annual quotas so there are often wait times.
The first preference category is F1, which is for unmarried sons and daughters of US citizens age 21 and older. The second preference category is F2, which is for spouses and minor children of green card holders. The third preference category is F3, which is for married sons and daughters of US citizens, regardless of age. The fourth preference category is F4, which is for brothers and sisters of US citizens.
This type of green card can be granted to either an immigrant who lives in the United States or one who is seeking a green card through consular processing abroad.
Employment-Based
There are several employment-based green card categories, and each has its own subcategories. The first three categories — EB-1 for individuals of extraordinary ability, EB-2 for skilled workers, and EB-3 for multinational managers or executives — typically require an employer to sponsor you. The EB-5 immigrant investor category, however, allows you to self-petition if your business is in an underserved area.
Other employment-based categories include the O visa for artists, entertainers and athletes; the R visa for religious workers; and the T visa for victims of crime, abuse or human trafficking who assist law enforcement in their cases. Generally, you must be employed in a field that requires advanced degrees or have significant experience to qualify under an employment-based category. You also must have not committed crimes that would make you inadmissible to the United States. Exceptions to these rules are possible. You can get a green card through employment-based categories if you are already in the United States, but it is more challenging to do so if you are outside the country.
Investors
If you have enough money to invest in a new commercial enterprise in the United States and create jobs for American workers, you may qualify for an immigrant investor (EB-5) visa. The EB-5 visa also gives your family green cards, provided that they are accompanying you as the principal EB-5 investor.
Generally, you need to invest $1.8 million or, if investing in rural settings or high unemployment areas (“targeted employment areas”), that figure drops to $900,000. The investment capital can come from any source, and it is not necessary to have a management role in the business, but it must be lawfully obtained.
The EB-5 visa gives your family permanent residency, and after about five years you can apply for naturalization, becoming a U.S. citizen. Your spouse and children under 21 can get conditional and then unconditional green cards as your accompanying family members. This is a great path to citizenship for people with large sums of money.