Green Card

WHAT IS A GREEN CARD?

A green card allows a non-U.S. citizen to gain permanent residence in the United States. A green card is also sometimes referred to as a permanent resident card. Many people from outside the United States want a green card because it would allow them to live and work (lawfully) anywhere in the United States and qualify for U.S. citizenship after three or five years.

The processing time for a permanent resident card is anywhere from a few months to many years, depending on the type of green card you’re applying for and where you’re applying from.

APPLYING FROM WITHIN THE UNITED STATES

For spouses and immediate relatives (parents and minor children) of U.S. citizens applying from within the United States through adjustment of status, the wait is currently 11-20 months. For spouses of U.S. green card holders, other relatives of U.S. citizens, and employment-based green cards, the wait can be much longer, typically two years or more.

APPLYING FROM OUTSIDE THE UNITED STATES

For spouses and immediate relatives (parents and minor children) of U.S. citizens applying from outside the United States via consular processing, the wait is currently 7.5-13.5 months. All other green card categories are subject to country caps, and wait times vary dramatically.

For spouses of U.S. green card holders applying from outside the United States, the wait is currently – months.

Different Types of Green Cards

Types of Green Cards

There are many categories of green cards. The most common types are:

• Family-Based Green Card
• Employment-Based Green Card
• Humanitarian Green Cards
• Diversity Lottery Green Card
• Longtime-Resident Green Card
• Other Green Cards

Family-Based Green Card

Close relatives of U.S. citizens and current green card holders may apply for family-based green cards of their own. Eligible family members include spouses, children, parents, and siblings (as well as the spouses and children of those spouses, adult children, and siblings).

Also included in this category are widows and widowers who were married to a U.S. citizen at the time the citizen died. Like spouses of living U.S. citizens and current green card holders who apply for a marriage-based green card, widows and widowers must prove that their marriage was authentic in order to receive a green card.

Many extended family members — cousins, aunts and uncles, and grandparents — do not qualify. They may apply for a permanent resident card only if they, too, have a closer relative who is a U.S. citizen or current green card holder (or qualify for one of the other types of green cards below).

Boundless can help you obtain a green card. We make it easy to complete your green card application and avoid common problems. Learn more about what Boundless does, or start your application today.

Employment-Based Green Card

Within the employment-based green card category, multiple subcategories of workers can apply for a permanent resident card. In some cases, their spouses and children may qualify for a green card, as well.

The following table lists the employment-based subcategories and the types of jobs that fall under them:

*Extraordinary ability is demonstrated “through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation,” according to U.S. Citizenship and Immigration Services (USCIS).
**Exceptional ability refers to “a degree of expertise significantly above that ordinarily encountered” in your field.

Humanitarian Green Cards

For refugees and asylees

People who fear, or have experienced, persecution in their home country — because of their race, religion, nationality, political opinion, or membership in a particular social group — can seek protection in the United States by applying for a visa from abroad (to come as refugees) or from within the United States (to remain as asylees).

Once they have physically lived in the United States for at least one year since receiving refugee status or asylum, they may apply for a permanent resident card. Children and spouses (and in some cases, other family members) of refugees and asylees may also seek protection in the United States under these programs and eventually apply for a green card.

For human-trafficking victims

Victims of human trafficking who are living in the United States — whether lawfully or unlawfully (in other words, “undocumented”) — may apply for a T visa to stay in the United States for up to four years. As a condition of the T visa, however, they must help to investigate and prosecute perpetrators of human trafficking (unless the victim is under age 18, in which case they need not help with such efforts).

To qualify for a permanent resident card, the applicant must have physically lived in the United States for one of the following periods, whichever is shorter:

• Three years since receiving a T visa
• The duration of an investigation or prosecution of human trafficking

They must also meet other eligibility requirements. These include, for instance, demonstrating “good moral character” (meaning they have not committed certain crimes, such as fraud, prostitution, or murder) from the time they received a T visa until they’re approved for a green card. As another example, they must demonstrate to the U.S. government that they would suffer extreme hardship involving severe harm if they were required to leave the United States. (USCIS provides the full list of eligibility criteria.)

Certain family members will also be eligible to apply for their own green cards as long as both those relatives and the victim satisfy all requirements.

For crime victims

Victims of “substantial physical or mental abuse” who are living in the United States — whether lawfully or unlawfully (in other words, “undocumented”) — may seek protection by applying for a U visa. To obtain a U visa, the victim’s application must be certified by a law enforcement agency. Like recipients of T visas (see above), an applicant for a U visa must also agree to help investigate and prosecute people who commit certain crimes, such as kidnapping, sexual assault, and torture.

To qualify for a green card, however, the applicant will need to fulfill other eligibility requirements, including the following examples:

• They must have physically lived in the United States for at least three years since receiving a U visa.
• They must not have left the United States from the time they applied for a green card until USCIS has approved (or denied) their application.
• They must not have refused to help investigate or prosecute certain crimes from the time they received a U visa until USCIS approves (or denies) their green card application.

The victim’s children, parents, siblings, and spouse will also be eligible to apply for their own green cards as long as both those relatives and the victim satisfy all requirements.

For abuse victims

Victims of domestic violence (battery or extreme cruelty) may apply for a green card that would allow them to seek relief through the Violence Against Women Act (VAWA). Although this law was created to benefit women, it applies to both women and men, and both parents and children, who are victims of abuse.

An abuse victim may apply for a permanent resident card on their own — without the knowledge or permission of their abusive relative, who can include:

• A current or former spouse who is a U.S. citizen or green card holder
• A parent who is a U.S. citizen or green card holder
• A child who is a U.S. citizen

Longtime-Resident Green Card

Individuals who have physically lived in the United States — lawfully or unlawfully (meaning you were “undocumented”) — since January 1, 1972 may apply for a permanent resident card through a special process called “registry.”

To qualify for a green card through registry, the individual must meet all of the following criteria:

• They entered the United States before January 1, 1972, which they would need to prove by providing an I-94 travel record (officially called the “Form I-94 Arrival/Departure Record”).
• They have not left the United States since arriving.
• They have “good moral character,” meaning they have not committed certain types of crimes, such as fraud, prostitution, or murder (see more info on “Good Moral Character“).
• They’re eligible for U.S. citizenship through naturalization.
• They have not committed crimes that would make them “deportable” (able to be sent back to their home country). Examples of such violations include drug abuse, smuggling, and marriage fraud (marrying a U.S. citizen or green card holder to obtain a marriage-based green card).
• They have not committed crimes that would make them “inadmissible” (meaning they cannot receive a green card). Examples of such violations include entering the United States unlawfully and staying more than six months in the United States with an expired visa.

Other Green Cards

The U.S. government issues many other types of green cards besides the ones discussed above. Some of these include permanent resident cards for “special immigrants,” including media professionals, religious workers, Afghanistan and Iraq nationals who have served the U.S. government under certain capacities, and other types of workers who have served in an international organization. Others include green cards for Cuban citizens and American Indians born in Canada.