How to Get Permanent Residency

When an immigrant is granted status as a Legal Permanent Resident, he is given a green card.  The process for getting a green card begins with filing form I-485, and depends on the immigrant’s status before he applies for a green card. The United States limits the number of some kinds of green cards in order to control the flow of new residents accepted each year.

Contents of This Page

• Green Card Process for Immediate Relatives of U.S. Citizens
• Green Card Qualification for Other Family Members
• Employment Based Green Card
• Green Card Lottery System
• Special Immigrants and Asylum Protection
• Permanent Residency for Long-Time Residents
• Green Card Timeline and Process

Immediate Relatives of U.S. citizens

1. There is no limit to the number of relatives who are given green cards
2. Includes spouses and recent widows and widowers of U.S. citizens
3. Includes children (unmarried under age 21), stepchildren, and stepparents as long as the marriage occurred before the child was age 18
4. Includes adopted children as long as the adoption takes place before the age of 16

Other Family Members

1. A limited number of green cards are given in this category (480,000)
2. It’s a first come, first serve basis so the earlier a person turns in an application, the sooner the immigrant can apply for a green card
3. The wait ranges from three to twenty four years

The following are the preferences in order of preference:

1. Unmarried children of a U.S. citizen who are age 21 or older
2. Spouses and children of Green Card Holder
3. Married people who have at least one U.S. parent
4. Sisters and brothers of U.S. citizens, where citizen is at least age 21

Preferred Employees and Workers

1. 140,000 green cards are available for people whose job skills are needed in the U.S. market and who offer skills which an employer cannot find from the local market of U.S. citizens
2. In most cases, a job offer is required and an employer needs to participate in the application process.
3. Given the limited number of green cards available to workers, it can take many years to receive a green card through this process

The following are the preferences in order of preference:

1. People of extraordinary ability in the arts, science, education, business, or athletics and managers/executives of multinational companies
2. Professional with advanced degrees or exceptional ability
3. Professional and skilled or unskilled workers
4. Investors willing to put $1 million in to a U.S. business, or $500,000 in  a locally depressed area

Green Card Lotteries:  Ethnic Diversity

1. There are 50,000 green cards available through this Lottery Green Card system
2. Applications are accepted for one month and then 50,000 are randomly chosen and granted
3. More than 8,000,000 are submitted and the chances of winning are slim
4. It can be the easiest and fastest way to get a green card if the immigrant is one of the lucky few

Image from wikipedia.com

Special Immigrants and Asylum

Occasionally laws are passed for specific groups of immigrants which allow them a special status and a faster path to getting a green card.

An immigration attorney can help an immigrant determine if there is a law which addresses his nationality

Refuge and Political Asylum

The U.S. government offers refuge to people who have fear of, or have experienced, persecution in their home country based on race, religion, political beliefs, or social group.

Long-Time Residents

In some instances, people who have lived in the United States continuously for more than ten years can request permanent residence.  It is a complicated process and is best handled by an immigration attorney who can argue why the immigrant should be granted a green card.

Timeline and Process

With the exception of the lottery, the process involves making an application for a green card and then an appointment will be given for a personal interview with an Immigration official from the Department of Labor.  Once the application is accepted, one must complete an Immigrant Petition which is submitted to the Department of Homeland Security.  Once a person clears these first two steps, he may begin working in the United States. The next step is the Adjustment of Status which is virtually automatic after completing the first two steps. 

While an attorney’s assistance in preparing the documents is not required by law, it can make the difference between permanent residence and none. There are complicated exceptions to every rule in the immigration laws and an experience immigration attorney will know how best to argue an individual situation.  It is particularly critical to have an attorney’s assistance in the employment category where one must make the argument that he has special skills and he will not affect the employment opportunities for U.S. citizens.

• If you need help with an Immigration Problem, click here to consult with an Immigration Lawyer near you to discuss the details of your case. This website is for informational purposes only.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Immigration laws in particular change frequently. Seek competent legal counsel for advice on any legal matter.