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TYPES OF GREEN CARDS
TYPES OF GREEN CARDS
A. Family-Based Green Cards
Most extended family members like cousins, aunts and uncles, or grandparents, do not qualify.
Many subcategories of workers can apply for an Employment-Based Green Card for permanent residence. Sometimes, their spouses and children qualify, too.
This is a list of the Employment-Based subcategories:
Employment Second Preference (EB-2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability
Employment Second Preference (EB-2 with a Special Waiver): Physicians
Employment Third Preference (EB-3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)
Employment Fourth Preference (EB-4): Certain Special Immigrants
Employment Fifth Preference (EB-5): Immigrant Investors
*Extraordinary ability is defined by the U.S. Citizenship and Immigration Services (USCIS) as “through sustained national or international acclaim. Achievements must be recognized through extensive documentation.”
**Exceptional ability refers to “expertise significantly above what is ordinarily encountered” in your field.
C. Humanitarian Green Card
For refugees and asylees
People who fear, or experience, persecution in their home country — because of race, religion, nationality, political opinion, or membership in a social group are able to seek protection in the U.S. by applying for a Visa from abroad as refugees or from within the U. S. to stay as asylees.
Once physically living in the U.S. for at least 1 year after receiving refugee status or asylum, they can apply for their Green Card. In some cases, children and spouses or other family members can also seek protection under these programs and then eventually apply for their own Green Cards.
For human-trafficking victims
Victims of human trafficking who live in the United States, lawfully or unlawfully (undocumented) can apply for a T Visa to remain in the country for up to 4 years. The T Visa requires them to help investigate and prosecute the perpetrators of the human trafficking, unless they are under the age of 18.
To qualify for the Green Card, the applicant must physically live in the U.S. for whichever is shorter of:
3 years since getting the T Visa
The time of the investigation or prosecution of the human trafficking
People who fear, or experience, persecution in their home country — because of race, religion, nationality, political opinion, or membership in a social group are able to seek protection in the U.S. by applying for a Visa from abroad as refugees or from within the U. S. to stay as asylees.
For the victims of crimes
Victims of “substantial physical or mental abuse” living in the U.S., lawfully or unlawfully (undocumented), can seek protection by applying for the U Visa. To get a U Visa, a law enforcement agency must certify the victim’s application. A U Visa applicant must also agree to help investigate and prosecute those who commit certain crimes, like kidnapping, sexual assault, or torture.
The applicant also needs to fulfill other eligibility requirements to qualify for a Green Card, including:
Physically living in the U.S. for at least 3 years since receiving their U Visa.
Not have left the U.S. from when they applied for their Green Card until USCIS approves (or denies) the application.
Not refused to help investigate or prosecute certain crimes from when they received their U Visa until USCIS approves (or denies) their application.
For the victims of abuse
Victims of domestic violence, battery or extreme cruelty can apply for a Green Card to seek relief from the Violence Against Women Act (VAWA). The law was originally written to help women, but both men and women, parents and children who are abuse victims can apply under the VAWA.
An abuse victim can apply for a Green Card by themselves, without the knowledge or permission of their abuser, who could be:
A current or former spouse who is a Green Card holder or U.S. citizen
A parent who is a Green Card holder or U.S. citizen
A child who is a U.S. citizen
IMPORTANT:
D. Diversity Lottery Green Cards
Most applicants live in their home country when they enter the lottery, but some already live in the U.S. with a different immigration status.
E. Longtime-Resident Green Cards
Individuals who physically live in the U.S. lawfully or unlawfully (undocumented) since January 1st, 1972, can apply for their Green Card using the special process called “registry.”
To qualify through the registry process, the individual must:
Have entered the U.S. before January 1, 1972, with proof, providing an I-94 travel record (“Form I-94 Arrival/Departure Record”).
Have not left the United States since they arrived.
Have “good moral character,” not having committed certain crimes, like fraud, prostitution, or murder.
Be eligible for citizenship through naturalization.
Have not committed crimes that make them “deportable”, being sent back to their home country like drug abuse, smuggling, or marrying a U.S. citizen or Green Card holder to get a Marriage-Based Green Card.
Have not committed crimes making them “inadmissible”, not able to receive a Green Card, like entering the U.S. unlawfully and staying over 6 months with an expired Visa.
F. Other Green Cards
Other Green Card types are issued by the U.S. government besides those that are outlined above. Some include Green Cards for “special immigrants,” like media professionals, Afghanistan and Iraq nationals who served the U.S. government in specific capacities, religious workers, and other workers who served in international organizations. This also includes Green Cards for Cuban citizens and American Indians who were born in Canada.