Securing a U.S. green card (or permanent residency) isn’t always easy, but with the right path and some patience, you can make it happen. The U.S. offers several ways to become a permanent resident, each with its own eligibility criteria, steps, and timelines.
Here’s a breakdown of some of the most popular ways people around the world get their green cards and settle in the U.S.
Spousal Sponsorship Route
One of the most common ways to get a green card is through marriage to a U.S. citizen or lawful permanent resident. However, U.S. immigration authorities require the marriage to be legitimate.
There are two main types of family-based immigrant visas:
- Immediate Relatives
This is the faster, more direct route. Immediate relatives include spouses, parents, and unmarried children (under 21) of U.S. citizens. The number of visas in this category is unlimited each year, so processing is faster, typically taking around a year.
- Family Preference
This category is for more distant relationships, like siblings of U.S. citizens or adult children. Processing here can take years, even decades, because the number of visas is capped each year.
Also check: How to Get Citizenship in the US
Through Your Fiancé(e) Visa
If you’re engaged as a U.S. citizen and planning to get married, the K-1 fiancé(e) visa can bring you to the U.S. to make it official. The K-1 visa is specifically designed for individuals engaged to U.S. citizens who want to come to the U.S. with the intention of marrying within a short time frame—90 days, to be exact.
Here’s how it works:
- K-1 Visa Application:
Your U.S. citizen fiancé(e) starts the process by filing a Petition for Alien Fiancé(e) (Form I-129F) with U.S. Citizenship and Immigration Services (USCIS). This form is essentially a request to allow you to come to the U.S. to get married. You’ll need to provide documentation proving your relationship is real, including photos, letters, and proof of visits.
- Visa Interview
After USCIS approves the petition, your case is sent to the U.S. embassy or consulate in your country, where you’ll have an interview. During this interview, you’ll need to show evidence of your relationship and demonstrate your intention to marry within 90 days of arrival.
- Entering the U.S. and Getting Married
If approved, you’ll receive the K-1 visa, which allows you to enter the U.S. with the condition that you must marry your fiancé(e) within 90 days. Once you’re in the U.S., it’s essential to marry within this period; otherwise, your visa will expire, and you’ll be expected to leave the country.
- Applying for a Green Card
Once you’re married, you can apply for a marriage-based green card. You’ll file an application for adjustment of status (Form I-485) to become a permanent resident. This step also involves an interview, and both you and your spouse may be asked questions to confirm that your marriage is legitimate.
The K-1 visa process tends to be faster than applying for a green card from outside the U.S., and it allows couples to be together while they finalize their marriage and permanent residency applications. However, that 90-day timeline is non-negotiable, so planning your wedding within that period is crucial to avoid complications.
Immediate Family Sponsorship
While spouses are commonly sponsored, you can also be eligible if you’re a close family member of a U.S. citizen or permanent resident.
- Parents of U.S. citizens
If you’re a parent of a U.S. citizen and they are at least 21 years old, they can sponsor you for a green card. This is one of the fastest routes, as there’s no annual cap on the number of green cards available for parents of U.S. citizens.
- Unmarried children under 21 of U.S. citizens
If you're an unmarried child under the age of 21, you can be sponsored by your U.S. citizen parent. This is considered a straightforward process, and like parents of U.S. citizens, there is no cap on the number of green cards available for this category.
- Siblings of U.S. citizens
If you're a sibling of a U.S. citizen, you can be sponsored for a green card. However, this one comes with a long wait time. Unlike parents and children, the sibling category has an annual cap, and there are usually long waiting lists because the demand exceeds the number of green cards available.
- Spouses of lawful permanent residents
Even if you're married to a U.S. lawful permanent resident (green card holder), you can also apply for a green card through sponsorship. Your U.S. spouse will need to file Form I-130 (Petition for Alien Relative), and you can follow it up with your application for permanent residency.
If you fall under one of these categories, your U.S. relative files Form I-130 (Petition for Alien Relative), and once that’s approved, you can apply for a visa to enter the U.S. as a permanent resident.
Immediate relatives—spouses, parents, and unmarried children under 21 of U.S. citizens—constitute approximately 68% of family-sponsored green cards issued annually. Immigration Help
Get a Job or an Employment-Based Green Card
The U.S. offers several employment-based green cards (EB-1, EB-2, and EB-3), but you generally need specific skills, advanced education, or a job offer to qualify.
- EB-1
This is for “priority workers” who have “extraordinary ability” in fields like science, arts, education, business, or athletics. Think Nobel Prize winners, internationally recognized artists, or top CEOs. If you qualify, you can apply for a green card without a job offer.
- EB-2
This is for individuals with advanced degrees (master’s or above) or exceptional abilities in their field. A job offer is usually required unless you can prove that your work is in the “national interest” (National Interest Waiver).
- EB-3
This is for professionals, skilled workers, and unskilled workers who have a job offer in the U.S. It’s the most common employment-based green card category but usually has longer wait times than EB-1 or EB-2.
Check: Bringing Guide of Your Spouse to the U.S. as an International Student
Invest Your Way to a Green Card (EB-5 Visa)
If you’re financially capable and want to secure a green card while contributing to the U.S. economy, the EB-5 visa is an option.
- Investment Requirement: You need to invest at least $1.05 million, or $800,000 if investing in a “targeted employment area” (areas with high unemployment or rural areas).
- Job Creation Requirement: Your investment has to create or preserve at least 10 full-time jobs for U.S. workers.
Once you make the investment and submit Form I-526, you can apply for a green card. The EB-5 program is popular with entrepreneurs who have the means to invest heavily, though processing times can vary significantly.
Winning the Green Card Lottery
The Diversity Visa (DV) Lottery is like winning the jackpot for prospective immigrants. Each year, the U.S. randomly selects around 55,000 people from countries with low rates of U.S. immigration to receive a green card.
The lottery is open to individuals from eligible countries, and there are minimal requirements.
Applicants apply online, free of charge, and if selected, they can start the green card process. The DV lottery selection process is random, and there’s no guarantee of winning, but it’s a free shot at permanent residency!
Apply early, as the application portal is only open for a limited time each year, and high traffic near the deadline can cause issues.
Asylum and Refugee Status
If you’re facing persecution in your home country, the U.S. may grant you a green card through asylum or refugee status.
- Asylum
If you’re already in the U.S. and can prove you have a well-founded fear of persecution due to race, religion, nationality, political opinion, or membership in a particular social group, you can apply for asylum.
- Refugee Status
If you’re outside the U.S., you can apply as a refugee through the U.S. Refugee Admissions Program. If approved, you can enter the U.S. and apply for a green card after one year.
Both paths require extensive documentation and are designed to protect people fleeing dangerous situations.
See also: Buying a Car as an International Student—No Green Card Needed!
Family of Refugees and Asylees
If you’re the spouse or child of a refugee or asylum who has already gained U.S. asylum, you may be eligible for a green card as a “derivative” family member.
- Eligibility:
To qualify as a derivative family member, you must have been listed on your family member’s original asylum or refugee application. This listing confirms your relationship and intention to resettle in the U.S. as part of their family unit. Typically, this opportunity is open to spouses and children under the age of 21.
- Processing:
After residing in the U.S. for at least one year, the refugee or asylee can apply for a green card for themselves and their qualifying family members. The principal applicant must first file Form I-485 (Application to Register Permanent Residence or Adjust Status) for their own green card after meeting the one-year residency requirement. Simultaneously, they can submit Form I-730 (Refugee/Asylee Relative Petition) to extend green card benefits to their spouse or children listed as derivative beneficiaries. Along with the I-730, documentation proving the family relationship—such as marriage certificates or birth certificates—is required, and the USCIS may request additional proof to ensure the relationship’s legitimacy.
This path is a lifeline for families fleeing dangerous conditions together.
Special Immigrant Green Cards
There are unique paths to a green card for people who’ve served the U.S. in various special roles, often as a recognition of their contributions and the risks they’ve faced. These special immigrant categories encompass certain employees of the U.S. government, religious workers, Afghan and Iraqi translators who supported U.S. military operations, and others who qualify under specific criteria.
Let’s break down some key categories:
Religious Workers
If you’re a member of a recognized religious denomination and have been actively engaged in religious duties for at least two years, you may qualify for a green card under the religious worker category. This is often used by priests, ministers, rabbis, or other individuals working in recognized religious roles. The process involves demonstrating your history of religious work and the intention to continue similar work in the U.S. for an organization that shares your denomination.
- Requirements: At least two years of active involvement in religious duties, proof of affiliation with a recognized religious group, and a U.S.-based religious employer willing to sponsor your green card.
- Application Process: You’ll need to file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant), along with supporting documents to prove your work history, religious affiliation, and sponsorship.
Afghan and Iraqi Translators
Due to the nature of their work, Afghan and Iraqi translators who assisted U.S. forces in conflict zones are eligible for a special immigrant green card. These translators put themselves and their families at significant risk to support the U.S., and this path recognizes their contributions.
- Requirements: This category specifically caters to translators who served the U.S. government or armed forces for at least one year. You’ll need official records or letters proving this service, along with testimonials from supervisors.
- Application Process: Translators apply using Form I-360, but because of security concerns and other strict criteria, they may also undergo additional background checks.
Employees of U.S. Government Agencies Abroad
Certain individuals who have served the U.S. government abroad, such as foreign service officers, translators, or military staff, might qualify for special immigrant status. This category can apply to various roles and regions, depending on the nature and length of service.
- Requirements: Length of service, job duties, and level of risk can play into eligibility. Applicants usually need a letter of recommendation from their agency, certifying their service and justifying the need for green card sponsorship.
- Application Process: Similar to other special immigrants, applicants submit Form I-360, along with detailed service records and endorsements from supervisors.
Stay Married to Your Green Card
If you get a green card through marriage to a U.S. citizen and then divorce before the two-year mark, your green card may be considered “conditional” and could be at risk. To avoid complications, maintain your marriage and apply to remove the conditions after two years.
Check this out: Unlocking Career Success as an International Student
FAQs
Can I apply for a Green Card if I'm in the U.S. on a student visa?
Yes, you can apply for a Green Card if you are in the U.S. on a student visa (F-1). However, you will need to explore options such as transitioning to an employment-based Green Card, family sponsorship, or another eligible category. Many students use Optional Practical Training (OPT) or H-1B work visa status to eventually apply for a Green Card.
Can I switch employers after I apply for a Green Card through my job?
If you apply for a Green Card through your employer, there are rules about changing employers during the process. Generally, if your I-140 (Immigrant Petition for Alien Worker) is approved but your Green Card is still pending, you can switch employers as long as your new job is in a similar occupation. This is called "portability," and it allows for greater flexibility, but it is best to check with an immigration lawyer.
What happens if my Green Card application is denied?
If your Green Card application is denied, you will receive a notice explaining why. Depending on the reason for denial, you might be able to appeal or file a motion to reopen your case. In some situations, you may be able to reapply or explore other visa options. Denials can happen if there's missing documentation, issues with your criminal background, or if you don't meet eligibility criteria.
Do I need to prove that I will not become a "public charge" to get a Green Card?
Yes, part of the Green Card process includes proving that you won’t rely on government assistance (known as the "public charge" rule). You may need to provide evidence of your financial stability, such as a job offer, savings, or an affidavit of support from a U.S. sponsor. Certain benefits like Medicaid, food stamps, or housing assistance could impact this assessment.
Can I apply for a Green Card if I have a criminal record?
A criminal record does not automatically disqualify you from getting a Green Card, but it can complicate the process. Certain offenses, such as violent crimes, drug trafficking, or immigration fraud, may make you ineligible. It’s important to consult an immigration lawyer to determine your options and whether you can apply for a waiver or other relief.
How do I apply for a Green Card through the National Interest Waiver (NIW)?
The NIW is an employment-based Green Card option for individuals who can demonstrate that their work is in the national interest of the U.S. It’s available to people with advanced degrees or exceptional abilities in fields like science, technology, education, or healthcare. To apply, you must show how your work benefits the U.S. and why it is in the nation’s interest to waive the labor certification requirement.
What is the "Priority Date" in the Green Card process?
The Priority Date is essentially your place in line for a Green Card. It's the date USCIS receives your immigrant petition, such as Form I-130 or Form I-140. Your priority date determines when you can apply for your Green Card and is important for understanding visa bulletin wait times. Keep in mind that certain categories, especially family-based and employment-based categories, may have long wait times based on the country of origin.
Can I get a Green Card through my investment?
Yes, the EB-5 Investor Visa allows you to apply for a Green Card by investing a significant amount of money (usually $900,000 to $1.8 million) in a U.S. business that creates jobs for American workers. This program can lead to permanent residency for you, your spouse, and children under 21, but the investment must meet specific criteria and be proven to create jobs.
Do I need to be physically present in the U.S. to apply for a Green Card?
Not necessarily. If you're outside the U.S., you can apply for a Green Card through consular processing by attending an interview at a U.S. embassy or consulate in your home country. However, if you are already in the U.S., you may be eligible for Adjustment of Status, which allows you to apply for a Green Card without leaving the country.
How does the Green Card process differ for asylum seekers?
If you have been granted asylum, you can apply for a Green Card one year after your asylum approval. The process involves filing Form I-485 and providing evidence that you’ve been residing in the U.S. for at least one year. You’ll also need to demonstrate that you are not a security risk or a threat to the U.S. The process for asylees is generally quicker than for other applicants.