Permanent Residence

A green card is a permanent resident card — typically sponsored by a family member or an employer — that grants a person the right to live and work in the United States on a permanent basis.

• Permanent Residence Based On Family

A Family Sponsored Green Card allows close relatives of a US citizen or green card holder apply for a green card. A close relative can be a spouse, children, parents, or siblings but more distant relatives such as grandparents and cousins do not qualify.

Getting a Green Card through family means that you can move permanently to the US. You can live in any state you want to, go to school, and work for a US employer. You are allowed to travel in and out of the US for specific periods of time, and if you do not violate the rules of your visa, after a while you can also apply for a US citizenship.

There are two main categories of Family Based Green Cards: immediate relative and preference relative.

The following people will qualify as immediate relative family members:

• Spouses of U.S. citizens (IR-1)
• Unmarried children of a U.S. citizen who are under the age of 21 (IR-2)
• An orphan adopted abroad by a U.S. citizen (IR-3)
• An orphan to be adopted in the United States by a U.S. citizen (IR-4)
• Parents of U.S. citizens, if the U.S. citizen child is at least 21 years-old (IR-5)

As an immediate relative, you will be under the most favorable conditions to receive a Green Card.

There are no controlled annual limits on those applying for a Family Based Green Card as an immediate relative

People will qualify as preference relative if they fall under one of the following categories:

• Family first preference. Unmarried children of any age of a U.S. citizen
• Family second preference. Subcategory 2A is for spouses and unmarried children (under 21) of Green Card holders. (F2A) Subcategory 2B is for unmarried sons and daughters of Green Card holders who are at least 21-years-old (F2B)
• Family third preference. Married children of a U.S. citizen (F3)
• Family fourth preference. Sisters and brothers of U.S. citizens where the U.S. citizen is at least 21-years-old (F4)

There is a quota placed on those applying for a Family Based Green Card as a preference relative, which means that, there can be significant waiting times involved. The Visa Bulletin, published on the fifteenth day of each calendar month, gives an indication of current waiting times for the various preference types.

 

• Permanent Residence Based On Employment

U.S. immigration laws permit a person to get a green card through employment if their employer is unable to find a qualified U.S. worker for the job. Employment-based green cards are broken down into categories based on type of worker and type of green card your employer sponsors or petitions for you.

• EB-1, Employment First Preference

Those who fall under this category are:

Persons of extraordinary ability in the arts, sciences, education, business, or athletics

“Outstanding” professors or researchers

Some executives or managers

In order to qualify for an employment-based green card in any of those sub-categories, extensive documentation and often times years of proven experience are also required to accompany the application for a green card.

• EB-2, Employment Second Preference

Those eligible to apply for a green card under EB-2 category are:

Professionals holding advanced degrees (beyond a baccalaureate degree)

Persons of exceptional ability in arts, sciences or business

All applicants applying for a green card under EB-2 category must have a labor certification approved by the U.S. Department of Labor. Additionally, a job offer in the United States must be present and the employer must petition on behalf of the applicant under EB-2.

• EB-3, Employment Third Preference

Those eligible for EB-3 category green card are:

Skilled workers capable of stepping into a job requiring at least two years of former training

Professionals holding Baccalaureate Degrees

• EB-4, Employment Fourth Preference

Those who fall under this category are:

Broadcasters employed by the International Broadcasting Bureau

Minister of Religion

Employees or former employees of the U.S. Government abroad

Former employees of the Panama Canal Company or Canal Zone Government