Getting a Green Card is one of the main goals of many people planning a long-term life in the USA. The document grants the status of permanent resident and opens up considerably more than most temporary visas do. Green Card holders can live and work freely in almost any state, use a range of social programmes, start a business and later apply for American citizenship.
The route to permanent status depends, however, on the particular circumstances of a person's life. There is no universal way: different categories of applicant go through different procedures, with their own requirements and processing times. Here are the main routes to a Green Card and what each of them involves.
What a Green Card gives you
Permanent resident status in the USA carries far more rights than most temporary visas.
A Green Card holder can:
- live in the USA with no time limit;
- work officially for almost any employer;
- start a business of their own;
- obtain a social security number;
- open bank accounts and take out loans;
- move freely from one part of the country to another;
- after the required period, apply for US citizenship if all the requirements are met.
A Green Card does not, however, make a person a US citizen. Some government posts and voting in elections remain open only to citizens.
A Green Card through relatives
One of the most common routes is family immigration. If a close relative is already a US citizen or a permanent resident, they can act as sponsor for the immigration paperwork.
The applications processed fastest are those of the immediate relatives of US citizens:
- spouses;
- parents;
- minor children.
Other categories of relative are subject to annual quotas, so the wait can be considerably longer.
Immigration through an employer
Many foreign specialists obtain permanent status through work. In this case an American company starts the process and confirms that it wants to employ that particular person. This route is most often taken by highly qualified specialists, engineers, programmers, scientists, teachers, doctors, researchers and directors of international companies.
In most cases the employer has to go through several stages of establishing that a foreign worker may be hired, after which the immigration petition is filed.
The Green Card lottery
Every year the US Department of State runs the Diversity Visa Lottery programme. It is more commonly known as the Green Card lottery. Taking part is completely free, but you have to meet the established requirements on country of birth and on education or professional experience.
Winning the lottery does not mean automatically receiving a Green Card. After a win you still have to go through the full immigration procedure, including checks on documents, an interview and a medical examination. Because so many people enter, the chance of winning stays relatively low, but for many this is the most accessible route there is.
Immigration through investment
Some foreign nationals obtain permanent status by investing in the American economy. That programme is aimed at people ready to put substantial funds into starting a business or financing projects that create jobs for American workers.
The amount of investment is set by the law in force and can change. This option is far from suitable for everyone, but it remains one of the official routes to a Green Card.
Asylum
People who face persecution in their own country on grounds of race, nationality, religion, political opinion or membership of a particular social group can apply for asylum. Once the conditions set by law have been met and a certain period has been spent in the status of a person granted asylum, it becomes possible to apply for a Green Card.
Every such case is considered individually, and the applicant has to provide convincing evidence of their situation.
A Green Card through refugee status
Refugees who came to the USA under the relevant government programmes can also apply for permanent status after the period set by law. The procedure differs from applying for asylum inside the country, but the end goal is the same — obtaining the status of permanent resident.
Immigration under special categories
American law provides for a number of special programmes for particular categories of foreign national. They can include:
- religious workers;
- certain international employees;
- people who worked with American government bodies;
- certain categories of minors;
- some victims of crime and of human trafficking.
Each programme has its own criteria for taking part and its own procedure for the paperwork.
Marriage to a US citizen
Marriage is one of the best known routes to a Green Card. American immigration authorities pay particularly close attention to such applications, though. The officers' main task is to be sure the relationship is genuine and that the marriage was not entered into purely to gain immigration advantages.
During the process they may ask for joint documents, photographs, financial details and information about living together, and hold further interviews. Attempting to enter into a sham marriage is treated as a serious breach of immigration law.
Through children or parents
In some cases adult US citizens can file for their parents. There are also programmes that allow children to obtain status depending on their age, marital status and their parents' status. Each category has its own rules, so waiting times can differ substantially.
Which documents are usually required
Whatever the basis for the Green Card, the applicant almost always has to prepare a set of documents.
As a rule you will need:
- a valid passport;
- civil status certificates;
- documents establishing the basis of the application;
- photographs to the required specification;
- the results of a medical examination;
- police clearance certificates (where required);
- financial documents or details of a sponsor.
Depending on the category the list can grow considerably.
How long the process takes
Processing times depend on the programme chosen. Some categories of immediate relatives of US citizens can go through the process considerably faster, while certain employment or family categories wait their turn for several years.
The speed is also affected by:
- the number of applications;
- quotas;
- the applicant's country of birth;
- how complete the documents are;
- how busy the immigration services are.
So naming an exact time in advance is virtually impossible.
Why an application can be refused
A Green Card is not guaranteed automatically even where there is a lawful basis for it.
Reasons for refusal can include:
- mistakes in the documents;
- providing false information;
- breaches of immigration law;
- certain criminal offences;
- medical grounds;
- not meeting the requirements of the particular programme.
That is exactly why many applicants prefer to consult immigration lawyers before filing.
Do you need a lawyer
The law does not require a lawyer to be involved. But in complex immigration cases professional help greatly reduces the risk of mistakes. A specialist helps prepare the documents correctly, check that the programme's requirements are met, prepare for the interview and respond in good time to requests from the immigration service.
That is especially relevant for applications through an employer, asylum or investment, or where the situation is out of the ordinary.
A Green Card opens up virtually every opportunity for a full life in the USA. Which route leads to it, though, depends entirely on the applicant's own circumstances. For some the most realistic option is family immigration; for others it is work, investment, asylum or entering the annual lottery.
Whichever route is chosen, it is important to follow the requirements of the law carefully, prepare documents in good time and not put off consulting a specialist when difficult questions arise. The right strategy considerably improves the chances of successfully obtaining permanent resident status in the USA.
End of the article.
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