There are many ways to obtain a green card (lawful permanent residence). One of our Tennessee immigration lawyers explains some of the most common.
Obtaining a green card allows an immigrant to live in the United States on a permanent basis and possibly later become a citizen of the country. However, there is more than one way to obtain a green card, formally known as lawful permanent residence. Below are some of the most common paths to becoming a lawful permanent resident.
Marriage-Based Green Card
If your spouse is a U.S. citizen or a lawful permanent resident, you may be able to obtain a marriage-based green card. At the time of marriage, you must have intended to build a life with your spouse and not have entered the marriage for immigration purposes only. This category also includes same-sex marriages.
Fiancé(e)-Based Green Card
If your fiancé(e) is a U.S. citizen and you have met them in person within the last two years, you may be able to apply for a fiancé(e)-based green card. Your fiancé(e) must submit Form I-129F, Petition for Alien Fiancé(e). If approved by the immigration service and for the K-1 visa at the embassy, you can enter the United States using a K-1 visa. After entering the country, you must marry within 90 days and subsequently apply for adjustment of status to obtain a green card.
Family-Based Green Cards
Parent-Based Green Card: U.S. citizens who are at least 21 years old can petition for their parents to enter the United States. If your parents are already in the country with a lawful entry, they can file Form I-485 to adjust their status, along with Form I-130, Petition for Alien Relative.
Child-Based Green Card: U.S. citizens can petition for their unmarried children under 21, unmarried children over 21, and married children of any age. Lawful permanent residents can only petition for their unmarried children.
Sibling-Based Green Card: U.S. citizens can petition for their brothers and sisters. However, the wait for a visa to become available is usually lengthy.
Employment-Based Green Card
There are several categories of employment-based green cards, which depend on your job, qualifications, and other factors. These categories include:
- EB-1: Priority workers such as multinational executives, outstanding professors, researchers, and individuals with extraordinary abilities in the arts, sciences, education, business, or athletics.
- EB-2: Professionals with advanced degrees or individuals with exceptional abilities in the sciences, arts, or business.
- EB-3: Skilled workers, professionals, and other workers.
- EB-4: Special immigrants, including religious workers, certain international employees, and others.
- EB-5: Investors who invest a significant amount of capital in a U.S. commercial enterprise and create at least ten full-time jobs for U.S. workers.
Diversity Visa Lottery
The Diversity Visa (DV) Lottery Program provides another pathway to a green card. This program is open to individuals from countries with historically low rates of immigration to the United States. The annual lottery grants up to 50,000 green cards randomly to eligible applicants.
Refugee or Asylum Status
Individuals granted asylum or refugee status in the United States can apply for a green card one year after their asylum or refugee status is granted. This path ensures protection for those who fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group.
Special Immigrant Juvenile Status (SIJS)
Special Immigrant Juvenile Status (SIJS) is available to certain undocumented children who have been abused, abandoned, or neglected by one or both parents. This status allows these children to apply for a green card.
U Visa and T Visa
U Visa: Available to victims of certain crimes who have suffered substantial physical or mental abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. Holders of the crime-victim-based U visa may apply for adjustment of status after three years.
T Visa: Available to victims of human trafficking who are in the United States on account of such trafficking and who assist law enforcement in the investigation or prosecution of human trafficking cases.
Our Tennessee Immigration Lawyers Can Help You Obtain a Green Card
Obtaining a green card is a dream for many people, and there are numerous paths to entering the country. At Ozment Law, PLC, our Tennessee immigration lawyers can advise you on the options available, determine which one is right for you, and guide you through the process to maximize your chances of obtaining the status you need. Call us now at 615-321-8888 or contact us online to schedule a consultation with one of our experienced attorneys and get the legal help you need.