A green card serves as proof of U.S. permanent residency, granting individuals the right to enter, exit, work, and reside in the United States indefinitely, with the option to pursue naturalized U.S. citizenship. Eligibility for a Green Card falls into various categories, outlined below:

1. Immediate Relatives of U.S. Citizens

Immediate relatives hold a privileged position in obtaining U.S. green cards swiftly. This category encompasses:

• Spouses of U.S. citizens, including recent widows/widowers and same-sex spouses with legally recognized marriages.
• Unmarried individuals under 21 with at least one U.S. citizen parent.
• Parents of U.S. citizens, provided the U.S. citizen child is at least 21 years old.
• Stepchildren and stepparents of U.S. citizens, given the marriage establishing the relationship occurred before the child’s 18th birthday.
• Adopted children of U.S. citizens or permanent residents, provided the adoption occurred before the child reached 16 and meets specified conditions.

Immediate relatives benefit from an unlimited number of available green cards, facilitating prompt acquisition upon completion of paperwork and the application process.

2. Other Family Members of U.S. Citizens or Lawful Permanent Residents

Certain close family members of U.S. citizens or permanent residents also qualify for green cards, though not immediately. They fall into “preference categories,” with a total allocation of 480,000 green cards annually. The timing of the application process is contingent upon various factors, including the type of visa, country of origin, demand, and immigration agency workload. Preference categories include:

• Family First Preference (F1): Unmarried adults aged 21 or older with at least one U.S. citizen parent.
• Family Second Preference: F2A for spouses and unmarried children of a green card holder under 21, and F2B for unmarried children aged 21 or older of a green card holder.
• Family Third Preference (F3): Married individuals of any age with at least one U.S. citizen parent.
• Family Fourth Preference (F4): Sisters and brothers of U.S. citizens, provided the citizen is 21 or older.

Due to high demand, individuals from China, India, Mexico, and the Philippines often face extended wait times.

3. Preferred Employees and Workers, Primarily With U.S. Job Offers

Each year, 140,000 green cards are earmarked for individuals possessing vital job skills in the U.S. market. Typically, a job offer is required, and employers must demonstrate unsuccessful attempts to recruit qualified U.S. workers. This category entails various subcategories, including:

• Employment First Preference for priority workers, such as those with extraordinary abilities or outstanding professors.
• Employment Second Preference for professionals with advanced degrees or exceptional abilities.
• Employment Third Preference for professionals and skilled/unskilled workers.
• Employment Fourth Preference for religious workers and other special immigrants.
• Employment Fifth Preference for investors willing to invest in a U.S. business.

4. Annual Diversity Green Card Lottery

A specified number of green cards (currently 50,000) are allocated to individuals from countries that have historically sent the fewest immigrants to the United States.

5. Special Immigrants

From time to time, laws are enacted to grant green cards to individuals in unique circumstances, such as those under the care of a juvenile court, international broadcasters, and retired U.S. government employees abroad.

For personalized legal guidance and assistance with green card applications, contact us today.