Green Card Eligibility Categories – All You Need to Know

Getting a green card is an exciting step in any immigration journey, as it allows individuals to live and work in the United States permanently. For those who qualify, it can even open up the path to citizenship. However, it can be overwhelming to navigate the application process due to strict requirements and complicated legislation. By understanding green card eligibility categories, individuals can pick the right option for them the first time to simplify everything.

Family-Based Green Cards

One of the most common paths to permanent residency includes obtaining a family-based green card. These types of green cards are an option for people who have an eligible familial relationship with a lawful permanent US resident or citizen. The two major categories of family-based green cards are:

• Immediate relatives. This applies to individuals who are relatives of U.S. citizens, such as unmarried children, spouses, and parents. As there’s no cap on the number of immediate relative visas that can be given out, the wait time for this category is usually fast compared to others.
• Family preference categories. These categories are for more distant relatives of U.S. citizens and lawful permanent residents. Eligible relationships include siblings and married children of U.S. citizens, as well as spouses and unmarried children of lawful permanent residents. As visas given out in this category are capped annually, wait times can be longer, depending on the number of applications and country of origin.

Employment-Based Green Cards

Individuals interested in becoming a lawful permanent resident due to their professional ability, education, or investment venture may be able to qualify for an employment-based green card.

Employment-based green cards are broken up into five major categories: priority workers (EB-1), professionals with exceptional ability or advanced degrees (EB-2), professionals, skilled workers, and other workers (EB-3), special immigrants (EB-4), and investors (EB-5).

An immigration attorney can help you understand which employment-based visa may be right for you based on your goals and background.

Humanitarian-Based Green Cards

For individuals who are seeking protection due to fear of prosecution or violence in their country, or have suffered from serious crimes while in the United States, a humanitarian-based green card may be an option for them. Individuals who achieve asylum or refugee status are eligible to apply for a green card.

Additionally, individuals under protections like U-visas, T-visas, or Temporary Protected Status may eventually be eligible for a green card. Furthermore, certain victims of domestic violence may be able to self-petition for a green card under the Violence Against Women Act.

Diversity Visa Lottery

The visa lottery is for individuals that hail from countries who have been historically underrepresented in the US immigration process. By meeting certain education and work requirements, they may be eligible to qualify for the lottery, which can open up a pathway for a green card.

Special Categories

In addition to the aforementioned categories, there are further special categories that may give individuals access to a green card, such as people who have completed military service under the Armed Forces Immigration Act.

An attorney can go over the details of your case, including your immigration background, family relationships, skills and education, humanitarian history, and country of origin, to help you determine a green card category that may be right for you.

Can Victims of Crime or Abuse Qualify for a Green Card?

Victims of abuse or serious crimes may be able to qualify for a green card. For example, individuals who face abuse under the Violence Against Women Act may be able to self-petition for a green card. Additionally, victims of crimes or human trafficking who receive a U or T visa may be able to eventually qualify for a green card if they meet the terms and conditions of the visa.

FAQs

What Are the Main Green Card Eligibility Categories?

The main green card eligibility categories include family-based, employment-based, humanitarian-based, diversity visa lottery, and special categories. A seasoned green card attorney can go over the details of your case, including your immigration goals, to help you understand which green card category and application type may be optimal for your case.

How Do I Qualify for a Family-Based Green Card?

You can qualify for a family-based green card if you are a U.S. citizen or green card holder. U.S. citizens are able to sponsor their siblings, parents, spouses, and children. Green card holders are more limited in who they can sponsor, but family members include their unmarried children and spouses. Family-based green card applications require showing that the relationship is bona fide by providing sufficient supporting evidence.

What Are the Employment-Based Green Card Categories?

Employment-based green card categories are divided into five main preferences: Priority workers (EB-1), professionals who have exceptional abilities or advanced degrees (EB-2), professionals and skilled or unskilled workers (EB-3), special immigrants (EB-4) and investors (EB-5). Based on your professional and immigration goals, a knowledgeable employment-based green card attorney can help you understand which category may be right for you.

Can I Get a Green Card Through the Diversity Visa Lottery?

Yes, you may be able to get a green card through the diversity visa lottery if you hail from a country that has historically low rates of immigration to the US and meet the requirements for education or work experience. Individuals that are selected through the lottery are required to successfully complete their green card application, provide required supporting documentation, and complete required interviews for the green card.

What Is a Humanitarian Green Card?

A humanitarian green card is a type of green card category that involves refugees, asylees, and people receiving legal protection through programs like Temporary Protected Status. After meeting specific eligibility and residency requirements, individuals receiving these protections can apply for a green card. An attorney can help you understand whether you may be eligible for a humanitarian green card based on your case details.

Find Out Which Green Card May Be Right for You for Your Immigration Journey

When it comes to understanding all of the green card options out there, many individuals looking to navigate their application can get stumped even just knowing where to start.

Thankfully, an experienced green card attorney from U.S. Law Center can work closely with you to leverage their understanding of the options out there along with the advantages and challenges of each to find an immigration avenue that is right for your situation. Contact us today to take the first step in your green card application process.