How to Qualify for an American Green Card

Qualifying for a green card requires having the appropriate visa first.

There are multiple ways to qualify for a green card; through family, work, lottery or as a refugee. Each qualifying measure holds its own regulations and application procedures. There is no universally easy way to get a green card; rather, the easiest way is to follow the path that fits your personal situation. In all cases immigration, is not immediate, and can take anywhere from a few months to five years to finalize. Iit is crucial to remain honest, as any scam or fraud is easily detectable by the authorities.

Instructions

1. Receive a permanent job offer. Work in the United States is divided in two categories; immigrant and nonimmigrant. Nonimmigrant work visas are temporary and cannot turn into a green card. All nonimmigrant work visas commence with the filing of I-129 Petition for Alien Worker; if your work visa requires I-129, then you are nonimmigrant and do not qualify for a green card. If your employment is permanent, then your immigration begins with your employer filing I-140 Immigrant Petition for Alien Worker. In the case of an I-140 petition, the visa is permanent and the holder qualifies for a green card.

2. Marry an U.S. citizen. If you are engaged or married to an U.S. citizen, you are legally qualified to obtain a green card. Those who are engaged to an U.S. citizen must enter the United States on a K-1 Fiancé(e) visa and marry within 90 days of entering in order to obtain a green card. Those who are already married can enter the United States on a K-3 nonimmigrant visa and wait for a green card or enter as a family member on an I-130 Immigrant Family Visa. Fiancé(e) visas are not available for fiancé(e)s of green card holders.

3. Obtain a family petition. As with marriage, family members of U.S. citizens qualify for a green card granted they are the child (under 21), spouse or parent of an U.S. citizen. Non-immediate “preference” relatives include the unmarried or married child (above the age of 21) and sibling of an U.S. citizen. The second category of family members do not qualify for immediate immigrant visas and must wait for a visa to become available. For both cases, I-130 Petition for an Alien Relative is used. Green card holders already in the United States can petition for their family members to immigrate using I-130 as well, however, the family members of U.S. citizens are given preference above those of green card holders, therefore the average wait time for an immigrant visa for a family member of a green card holder (spouse and children included) is four to five years.

4. Hold refugee or asylee status. Those who entered the United States as refugees or asylees are qualified to apply for a green card after one year of residence within the United States as a refugee of asylee.

5. Apply through the Diversity Lottery. The United States reserves 50,000 immigrant visas per year for lottery applicants from countries that hold low immigration rates to the United States. The diversity visa is a random selection that is made from the pool of applicants. Not all countries are qualified to apply for the diversity visa. For a list of qualified countries, refer to the USCIS website.

Tips & Warnings

• There are many other qualifying loopholes specific to individual situations, such as being the child of a foreign diplomat, a victim of trafficking, a Cuban, a religious worker, an Iraqi who worked as an aide to the U.S. government and many more. Consult the list of how to qualify for a green card at the USCIS website.

References

• USCIS: Green Card

Resources

• USCIS: Other Ways to Get a Green Card
• USDOS: Diversity Visa