Each year, the United States government issues about one million permanent resident cards (green cards) to people across the world who are looking to immigrate to the country. While there can be many reasons behind their decisions, the majority of the people moving the U.S. do that to seek better opportunities for themselves and their families.
If you are considering applying for a U.S. green card, the good news is that there are more than one path that can lead you towards this goal. Green cards come in different categories, each with its own eligibility criteria and application process. It is important that you understand what the different types of green cards are so that you can decide the route that best fits your personal profile and circumstances.
Why Should I Get a Green Card?
As its name suggests, a Permanent Resident Card (Green card) grants you lawful permanent resident status in the U.S. With this card, you can legally live and work permanently in the country and enjoy many of the same rights as U.S. citizens, the most important of which is the right to take any job that you are qualified for and to travel in and out of the country freely.
There are several other benefits to permanent residence: you can apply for U.S. citizenship after living in the country for a certain period; you can sponsor certain family members to join you in your new home, including your spouse and children; and last but not least, as a Green Card Holder, you are protected by all the laws of the United States, your state of residence, and local jurisdictions.
Understanding how important a Green Card is will allow you to understand the opportunities open to you and your family as you try to build a new life in your new home country. So before we walk you through the different green card categories, let’s summarize the benefits:
Permanent Residence
With a green card, you can live and work indefinitely in the United States. This offers stability and security for you and your family.
Employment Opportunities
Green card holders have the right to work for any employer in the United States without needing sponsorship for a work visa. This opens up a wide range of job opportunities and career paths.
Education Benefits
Green card holders have access to educational opportunities in the United States, including attending colleges and universities at in-state tuition rates and eligibility for federal financial aid.
Healthcare Benefits
Permanent residents can enroll in health insurance programs and have access to healthcare services in the United States.
Path to Citizenship
Holding a green card is often the first step towards becoming a U.S. citizen. After meeting certain eligibility requirements, such as maintaining a continuous residence and demonstrating good moral character, green card holders can apply for naturalization.
Ability to Sponsor Relatives
Green card holders can sponsor certain family members for immigration to the United States, including spouses, unmarried children, and parents.
What Are the Different Types of Green Cards?
As foreign nationals, you and your family have multiple ways to apply for and obtain U.S. permanent residency. Some of the most common ways include being sponsored by a family member or a U.S. employer, or applying through the Green Card lottery. You can also qualify as an investor in certain commercial projects, or as a refugee or asylee.
The immigration status for different types of green cards can vary depending on the specific category. Below we will walk you through the different categories of Green Cards and their application processes.
Family-Based Green Cards
This category is for individuals who have close relatives who are U.S. citizens or current green card holders. It includes
an Immediate Relative of U.S. Citizens (spouse, unmarried child under 21, and parent of U.S. citizens)
Family Preference Categories (including unmarried sons and daughters of U.S. citizens, spouses and unmarried children of permanent residents, and married sons and daughters of U.S. citizens)
Immediate relatives (spouses, unmarried children under 21, and parents of U.S. citizens) as well as other family members, such as unmarried sons and daughters of U.S. citizens, spouses and unmarried children of permanent residents, and married sons and daughters of U.S. citizens.
Applying for Family-Based Green Cards
The U.S. citizen or permanent resident sponsor files Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the intending immigrant family member.
Once the form is approved, the intending immigrant may apply for a green card through adjustment of status (if eligible and living in the U.S.) or through consular processing (if living outside the U.S.).
Employment-Based Green Cards
These are for individuals who have a valid job offer or certain skills that are in demand in the United States. There are different employment-based preference categories, including priority workers, professionals with advanced degrees or exceptional abilities, skilled workers, and certain special immigrants.
Applying for Employment-Based Green Cards
The employer typically files Form I-140, Immigrant Petition for Alien Worker, with USCIS on behalf of the intending immigrant employee.
Once the form is approved, the intending immigrant may apply for a green card through adjustment of status (if eligible and living in the U.S.) or through consular processing (if living outside the U.S.).
Diversity Visa (DV) Lottery
The Diversity Visa Lottery Program, also known as the Green Card Lottery, is a program that randomly selects individuals from countries with historically low rates of immigration to the United States. Winners of the lottery can apply for a green card.
Applying for Diversity Visa Lottery
Individuals selected in the Diversity Visa Lottery must complete and submit Form DS-260, Immigrant Visa and Alien Registration Application, online through the Consular Electronic Application Center (CEAC).
After submitting the form, the individuals must attend a visa interview at a U.S. embassy or consulate in their home country. We will come back to more details about submitting DS-260 later.
Refugee or Asylee Status
Individuals granted refugee or asylee status in the United States may be eligible to apply for a green card after meeting certain requirements.
Applying for Refugee or Asylee Status
Refugees and asylees can apply for a green card after one year of continuous presence in the United States. They typically file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust their status to that of a lawful permanent resident.
Investor Green Cards (EB-5)
EB 5 visas are for individuals who make a substantial investment in a new commercial enterprise in the United States, thereby creating jobs for U.S. workers.
Applying for Investor Green Cards
The investor typically files Form I-526, Immigrant Petition by Alien Investor, with USCIS to demonstrate eligibility for the EB-5 program. Once the Form I-526 is approved, the investor may apply for a green card through adjustment of status (if eligible and living in the U.S.) or through consular processing (if living outside the U.S.).
Special Immigrant Green Cards
This category includes various special immigrant groups, such as religious workers, certain employees of the U.S. government abroad, and certain juveniles declared dependent on a juvenile court.
Applying for Special Immigrant Green Cards
The specific application procedures for special immigrant green cards vary depending on the category under which the individual qualifies. Typically, individuals must file the appropriate immigrant petition or application with USCIS.
Things You Need to Know About Form DS-260 (Immigrant Visa Electronic Application)
As mentioned above, form DS-260 is an online application form used by individuals who have been notified of their eligibility to immigrate to the United States. It collects biographical information, details about the applicant’s eligibility for immigration, and information about the applicant’s intended U.S. address, among other details.
The form is a required part of the immigrant visa application process for individuals applying for immigrant visas at U.S. embassies or consulates abroad. It must be completed and submitted before the immigrant visa interview.
It is submitted electronically through the Consular Electronic Application Center (CEAC) website, which is managed by the U.S. Department of State. Applicants must create an account and complete the form online.
Who is Required to Submit Form DS-260?
The DS-260 is used by individuals who have been selected for immigrant visas through various immigration programs, such as DV Lottery, or who are immigrating through family-sponsored or employment-based categories. The specific information required on the form may vary depending on the category under which the applicant is immigrating.
What are the Documentation and Interview Requirements?
In addition to completing the DS-260 form, applicants are typically required to provide supporting documentation, such as birth certificates, marriage certificates, police certificates, and evidence of financial support, as part of the immigrant visa application process.
After submitting the DS-260 and all required documentation, applicants are scheduled for an immigrant visa interview at the U.S. embassy or consulate in their home country. Consular officers use the information provided on the DS-260 form during the interview to determine the applicant’s eligibility for an immigrant visa.
Getting Help From Experienced Immigration Attorneys
It’s important to note that each Green Card category may have specific eligibility criteria and documentary requirements, and the application process can be complex. If you are considering applying for a Green Card, consider consulting with an immigration attorney or accredited representative for guidance on navigating the green card application process.
