Green Cards

Family-sponsored green cards are the easiest way to obtain a green card, but it may not be fastest way, depending on what category a relative falls under. For example, Immediate relatives of U.S. citizens (spouses, children, parents) may apply immediately. Visas for other relatives are subject to annual numerical limitations with long wait times for most categories.

U.S. citizens may petition for permanent residence in the U.S. for spouses, children, parents (once the U.S. citizen is at least 21 years old) and brothers and sisters (once the U.S. citizen is at least 21 years old). U.S. citizens may not petition for their grandchildren, nephews and nieces, cousins, and step-grandchildren. U.S. lawful permanent residents (LPRs/green card holders) may petition for permanent residence in the U.S. for spouses and children.
 
Upon approval of the immigration petition, immediate relatives of the U.S. citizens ( and their spouses and unmarried children under the age of 21 and parents) may immediately obtain a green card, either through adjustment of status in the U.S., if they are in the U.S., or consular visa processing, if outside of the U.S.

Other immigrant relatives are divided into the preference categories, based on the closeness of the family relationship to U.S. citizen and LPRs. Each preference category has a annual numerical cap on the number of visas that can be issued. Spouses and children of immigrant relatives are entitled to the same status and the same order of consideration. For most categories, there is a backlog because the number of applications received exceed the number of available visas.

Upon approval of the immigration petition, relatives in preference categories ( and their spouses and unmarried children under the age of 21 and parents) will not have to wait for a visa to become available before they can apply for an immigrant visa. Once the visa is available, just like immediate relatives, they may obtain a green card either through adjustment of status in the U.S., if they are in the U.S., or consular visa processing, if outside of the U.S.

Immigrant employment-based visas is a direct way to obtain a green card in the U.S. However, there are some non-immigrant employment-based visas that can lead to a green card. See Visas.

Most employment-based green cards must be sponsored by a U.S. employer and require a Labor Certification from the Department of Labor to confirm that the U.S. employer has not been able to find a suitable candidate in the U.S.

There are several ways to permanently immigrate to the U.S. through employment, among others, through an offer of permanent employment in the U.S., investment in the U.S., special categories of work, or self-petition for immigrants with extraordinary ability.  

Employment-based immigration is divided into the employment preference categories, based on the professional accomplishments and skills needed by U.S. employers. Each preference category has a annual numerical cap on the number of visas that can be issued. Spouses and children of employment immigrants are entitled to the same status and the same order of consideration. For most categories, there is a backlog because the number of applications received exceed the number of available visas.

Certain employment-based immigrants may be eligible to apply under more than one preference category thereby potentially increasing their chances in getting an approved petition and/or reducing the wait time.

Investment visas fall under the 5th preference category (EB5). A Labor Certification is not required for investor green cards.

Under the EB5 investment program, foreign investors and their spouses and unmarried children under 21 may obtain lawful permanent residence status (a green card) in the U.S. if their investment meets the following requirements:

(1) amount of investment must be a minimum of $1,050,000 million, or $800,000 if the investment is in a rural area or area of high-unemployment;

(2) the investment must be in a “new commercial enterprise” in the U.S. (a business entity that has been formed after Nov. 29, 1990 or a if formed before November 29, 1990, a business entity that has been restructured or reorganized or expanded) or a USCIS approved Regional Center.

(3) the investment must, within 2 years, create at least ten full-time jobs for U.S. citizens, LPRs, or other authorized immigrant workers.

Investing in an EB-5 Regional Center is one of the most flexible way to invest in the U.S. to obtain lawful permanent resident status. Approximately 90% of all EB5 investments are through regional centers because such investments require lower investment amount ($800,000 v. $1,050,000), they meet the EB5 eligibility requirement and create qualifying amount of EB5 jobs, and they are passive, i.e., investors do not need to start and manage the day-to-day affairs of a business.

Regional centers offer investment opportunities in a broad spectrum of industries, such as construction, manufacturing, mining, architectural and engineering services, computer systems design services, store retail, activities related to real estate, etc.

All EB-5 investments must be “at risk”, including investments through regional centers.

Generally, political asylum is the only way to establish lawful permanent residence in the U.S. other than through a family relative, employment, or investment.

While the applicant is waiting for the asylum interview, which may take place in a few month to several years), the applicant can work and study in the U.S. and even travel outside of the county with a travel document (although not recommended).

If the applicant gets married to a U.S. citizen while the asylum case is still pending, the applicant can apply for a green card on the basis of marriage and if approved, withdraw the asylum application.

If the asylum is granted, the asylee may petition to bring his family to the U.S. within 2 years after the asylum status has been granted and may apply for a green card in one year.

The applicant needs to be a lawful permanent residence for 5 years to apply for naturalization to become a U.S. citizen.

Short Description

Short Description

Sponsoring U.S. citizen child has be to at least 21 years of age.

Biological children  – unmarried children under the age of 21.

Stepchildren – must be less the age of 18 at the time of marriage.

Legitimated children – the legitimation must take place before the age of 18 under the law of the child’s or the father’s residence/domicile.

Out-of-wedlock children – U.S. citizen natural father must have had a bona fide parent-child relationship with the child.

Adopted children – must be adopted before the age of 16. The adopted children must have been in the legal custody or resided with the adopting parents for at least 2 years (except when the child has been battered or subject to extreme cruelty in the adopted family). Siblings of adopted children can qualify if adopted before the age of 18.

Orphans and children adopted under the Hague Convention – must be under the age of 16.

Children born through IVF – a U.S. citizen must be married to the child’s genetic or gestational parent at the time of the child’s birth and both parents are recognized as the child’s parents.

Marriage must be bona-fide. Same-sex marriages and transgender marriages are recognized under immigration law as long as they are recognized as valid in the jurisdiction where they occurred.

Also, there’s no specific minimum age requirement for a sponsoring U.S. citizen or a beneficiary spouse. However, U.S. citizens must be at least 18 years old to sign an affidavit of support (a joint sponsor’s affidavit will not override this requirement).

A surviving spouse of a deceased spouse, whether the surviving spouse is the beneficiary or the derivative beneficiary of the principal beneficiary (including asylees), can self-petition as long as at least one beneficiary was residing in the U.S. when the qualifying relative died.

Under immigration law, “sons and daughters” are children over the age of 21.

Approximate wait time for a visa to become available is 10+ years.

Under immigration law, “children” are unmarried children under the age of 21.

Approximate wait time for a visa to become available is 3 years.

“Sons and daughters” are children over the age of 21.

Approximate wait time for a visa to become available is 11 years.

Under immigration law, “sons and daughters” are children over the age of 21.

Approximate wait time for a visa to become available is15 years.

The sponsoring U.S. citizen has to be at least 21 years of age. Brothers and sisters can be full siblings or half siblings. Adopted children may not sponsor their siblings.

Approximate wait time for a visa to become available is 18 years.

Persons of extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category do not need to be sponsored by an employer (may self-petition), but they must be coming to the U.S. to continue work in their field of expertise. These visas require extensive supporting documentation.

“Extraordinary ability” – level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor
reflected through “sustained national or international acclaim” and extensive documentation of the person’s contribution to his field.

Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. Applicants in this category must has a job offer in the U.S. and must be sponsored by the employer, but a Labor certification is not required.

Internationally recognition in the can be shown by published works, awards, or other achievements.

Certain multinational executives and managers (L1 Visa). Applicants in this category must be sponsored by an employer, but a Labor certification is not required.

Applies to intracompany transferees. A qualifying organization may petition for an person to be admitted temporarily to the U.S. to be employed by a parent, branch, affiliate, or subsidiary of that employer in a managerial or executive capacity, or in a position requiring specialized knowledge if that person has been employed abroad by the qualifying organization for one continuous year within the preceding three years.

Professionals holding advanced degrees, or persons of exceptional ability in the sciences, arts, or business.

Advanced degree – any academic or professional degree above baccalaureate. A baccalaureate degree plus five years of professional work experience can be substituted for a master’s degree, unless the profession requires doctorate decree.

Exceptional ability – degree of expertise significantly above that ordinarily encountered in the arts, sciences, or business. E.g., an average musician v. a nationally recognized musician. Degree, diploma, certificate, or license to practice is not by itself sufficient evidence of exceptional ability.

Applicants in these categories must have a job offer from a U.S. employer and a Labor certification, unless employment is in national interest (a national interest waiver). If the applicant obtains a national interest waiver, the applicant can self-petition.

Skilled workers in short supply, professional holding baccalaureate degrees, and other workers in short supply:

A. Professionals – architects, engineers, lawyers, physicians, surgeons, and teachers;

B. Skilled worker – one who is capable of performing a job which requires at least 2 years of training and experience.

All such workers generally require labor certification.

Special immigrants – religious workers, former employees of US and international organizations, and juveniles who are dependent on a US court or state agency.

Employment creation – investors who will create at least 10 permanent US jobs by investing in a new commercial enterprise benefiting the US economy.

Minimum required investment is $1.8 million, though may be reduced to $900,000 if the investment is in a rural area or an area of high unemployment. Investment must involve a degree of risk. Must have comprehensive business plan and document the source of funds. Conditional LPR status for 2 years, after which investment is reviewed.

Pilot Program – $900,000 investment in CIS-designated “Regional Center.” Conditional LPR status for 21 months.