A green card identifies its holder as a U.S. permanent resident, with rights to enter, exit, work and live in the United States. Green card holders also have the right to eventually apply for U.S. citizenship. If you are looking to obtain your Permanent Resident (Green) Card, you may have many questions as to the actual process, and what is involved with green card eligibility.
Here is a basic outline which will answer some of the most common questions we receive regarding green card eligibility.
Immediate Relatives Have Priority
When an individual is seeking legal status as a permanent resident, immediate relatives of current U.S. citizens are given the highest priority among applicants. “Immediate relatives” are defined as:
- spouses of U.S. citizens, including recent widows and widowers and same-sex spouses
- unmarried people under age 21 with at least one U.S. citizen parent
- parents of adult U.S. citizens; stepchildren and stepparents of U.S. citizens
- adopted children of U.S. citizens or permanent residents, under certain conditions.
An unlimited number of green cards are available for immediate relatives whose U.S. citizen relatives petition for them. Applicants can get a green card as soon as they get through the paperwork and application process.
Additional Categories of Eligibility
All other applicants are considered based on a preference system. Congress has determined a set number of visas that may be issued annually in each of several categories.
Other Family Members: Other family members are next in line for green card access, but generally do not receive them as quickly. 480,000 of these applicants will receive green cards each year. The system is run on a first come, first served basis. Categories are:
* F1 – unmarried adults, age 21 or older, who have at least one U.S. citizen parent
* F2A – spouses and unmarried minor children of a green card holder
* F2B – unmarried children age 21 or older
* F3 – Married people, any age, who have at least one U.S. citizen parent
* F4 – sisters and brothers of a U.S. citizen over the age of 21.
Preferred Employees and Workers:
140,000 green cards are offered annually to those whose job skills are needed in the U.S. market. In most cases, the employer must provide a job offer and prove that it has not found any willing, able, qualified U.S. workers to hire.
Because of annual limits, applicants often wait years for an available green card.
Priority workers may include persons of extraordinary ability in the arts, the sciences, education, business, or athletics; outstanding professors and researchers; professionals with advanced degrees or exceptional ability.
There are many other sub-categories in this classification, so call Probinsky & Cole with your questions or concerns.
Did You Know? Investors willing to put $1 million into a U.S. business, as well as provide at least 10 jobs, may be able to qualify for a green card.
Summary
The only classification of green card which is processed quickly is that of the immediate family. All other time frames are very uncertain, as wait times depend on many variables including country of origin and number of applicants in a given category.
If you are hoping to obtain a green card for yourself, a family member or employee, we are here to help. Don’t try to navigate this complicated process on your own – call the lawyers at Probinsky & Cole. We are dedicated immigration attorneys committed to answering your questions, helping you file the paperwork, and walking you through the process of obtaining your green card.
