Green Card Process: Options for Immigrants

For immigrant pursuing a permanent life in the US, getting a green card, or permanent resident card, is the only legal option. A green card allows immigrants to live, and work permanently in the United States. However, obtaining permanent resident status can be a complicated and difficult process depending on the particular circumstances. I will outline some of the most common options and requirements that immigrants must meet in order to achieve permanent resident status in the U.S.

Start with a Visa Petition

The first step towards getting a green card begins with the filing of a visa petition on behalf of the immigrant. Generally, these petitions will be filed by either a potential employer, or a family member of the immigrant.

Employer Petitions

For immigrants that wish to work in the United States, a potential employer must petition for a visa in order to help the immigrant gain entry into the US. Once this petition has been filed and approved, and labor certification has been granted, the immigrant is automatically placed on a waiting list.

A “Priority Date” is established, based on the date the American visa application, or application for citizenship was approved. This priority date is the immigrants place in the green card waiting list. Once the priority date is reached in the waiting list “queue”, the visa holder may begin the process of filing and application for permanent residency.

Family Petitions

Similar to an employment based visa petition, a family member may also petition to bring a relative into the United States via something like a family green card. Immediate family members such as brother or sisters, mothers or father, and sons and daughters who are permanent residents in the United States may file a petition to bring a their relative into the country.

Immigrant Visa Number

In either of the two petition types above, once the visa is approved the immigrant will be placed on the green card waiting list for a visa number. A visa number is required before a green card application can be filed.

Family vs. Employment Based

In either the case of family or employer sponsorship, certain types of relationships and types of employment will warrant an expedited issuance of visa number over others. Most commonly certain family relationships will provide a visa number much quicker than other methods. As an example, immediate relatives of US Citizens will immediately be provided a visa number.

Orders of Preference

Immigration laws outline “orders of preference”, which is basically a way of providing a visa number to certain groups of immigrants before others. These orders of preference are as follows:

Employment Based Orders of Preference:

• First Preference: Alien employees with extraordinary abilities, outstanding researchers and professors, and some multinational managers and executives.
• Second Preference: Professionals holding advanced degrees or employees of exceptional ability.
• Third preference: Other skilled workers and professionals.
• Fourth Preference: Special workers and religious workers.
• Fifth Preference: Immigrant creating employment positions.

Family Based Orders of Preference

• First Preference: Unmarried children of US Citizens over the age of 21. A visa number is immediately available for this group.
• Second Preference: Spouses and unmarried children of permanent residents.
• Third preference: Married children or US Citizens and their spouses and children.
• Fourth Preference: Siblings of US Citizens and their spouses and children.

Diversity Visa Lottery

The Diversity Lottery, or “Green Card Lottery” as it is often called is a way to incentivise the immigration of people from certain countries into the US for the purposes of increasing cultural and ethnic diversity. Each year, the US provides 55,000 immigrant visa through this system.

Green Card Lottery Requirements

In order to apply for the green card lottery, an immigrant must be a foreign national of a qualifying country. Additionally the spouse of a qualifying foreign national may apply. There are additional work experience and educational requirements including a high school diploma.

Process for Application

The easiest and simplest method of application is the online entry registration provided by the US Department of State. The deadline for the 2011 lottery is November 30, 2009.

Getting Help Obtaining a Green Card

Obtaining legal permanent residence status in the US can be a complicated process, and there are many mistakes that are easily made that can jeopardize an immigrant chances at success. Always talk to an immigration lawyer before taking any steps towards getting a green card.

• This page is provided for informational purposes only. If you need advice regarding immigration law,
  click here to talk to Ronald W. Thompson or an Immigration Lawyer near you.