If you’re born in a foreign country and neither of your parents is an American citizen, you’re going to need to jump through a few legal hoops to obtain legal residency status in the U.S.
Don’t worry, while the process of becoming a naturalized citizen can be lengthy it’s possible if you follow the necessary steps, which means applying for a green card first. No, it’s not as simple as filling out a credit card form. However, if you meet the eligibility requirements for permanent citizenship you’ll soon be calling the United States home. To help you out on your journey, here’s what you need to know about the eligibility requirements for obtaining a green card.
What is a Green Card
The first question many people have is about the color of a green card. Is the card actually green? The answer is yes, though this wasn’t always the case.
In May of 2023, the U.S. Citizenship and Immigration Services (USCIS) announced a change in the card’s design. Now, newly issued green cards really are green in color; this is the first update to the card’s design in more than thirty years, and it seems appropriate and long past due.
So, what is a green card? Also known as a permanent resident card, it gives the holder permanent residence status, meaning you can legally live and work anywhere in the United States. The card is also a step towards gaining U.S. citizenship, but it’s not going to happen overnight. You still need to wait between three and five years before the process is finalized.
Different Types of Green Cards
Green cards aren’t a one-size-fits-all; there are different types of permanent resident cards. This can add to the confusion when you’re trying to decide which green card application best fits your situation.
Some examples of the various categories green cards are divided into include:
- Family-Based Green Card
- Employment-Based Green Card
- Humanitarian Green Cards
- Diversity Lottery Green Card
- Longtime-Resident Green Card
Some of the categories are pretty self-explanatory. For instance, if you’re immigrating with your family, you’ll fill out the family-based green card application.
Crime and abuse victims will reach for a humanitarian green card application. If you’re immigrating to the U.S. from a country with a small presence in the United States, you may be eligible to receive a diversity lottery green card.
How a diversity lottery green card isn’t too complicated. The U.S. government randomly selects around 50,000 individuals from six geographical regions. Think of countries like Slovakia and Lebanon. Lottery applicants fill out the application in their home countries and wait to see if their name is chosen in the annual lottery.
You may also be eligible for another type of green card not included in the more common categories. This can include a special green card for media professionals or if you worked for the U.S. government in your home country. Afghanistan is an example of this.
Green Card Qualifications
Not everyone who wants to permanently reside in the United States is eligible for a green card. The U.S. government does have specific qualifications you must meet. These qualifications start when you request an application, and you must be either:
- A relative of a U.S. citizen, meaning a close relative like a spouse, child, sibling, or parent. In other words, if you’re the third cousin twice removed of a U.S. citizen, you’re probably not going to meet the qualifications.
- Are employed in an industry that includes the arts, sciences, athletics, education, or business
- Meet special immigrant status, which includes a religious professional or someone who worked with the U.S. government in their home country
- You are seeking asylum or refugee status
- A victim of abuse, human trafficking, or other crimes
You may also meet green card qualifications if a parent is a foreign diplomat and you’re born in the United States. Indigenous peoples born to American parents in Canada typically also qualify, and don’t forget about the green card lottery. You may also be eligible to receive a green card if you have been living and working continuously in the United States since 2014.
Another way to qualify for a green card is if you’ve been in the U.S. continuously since 1972, which often automatically qualifies you for a green card application.
Types of Applications
Once you’ve figured out which green card category you fall into. Don’t panic if your situation fits multiple categories. An immigration attorney can help you choose the best category to fit your unique situation. For example, you may have close family in the United States and meet the requirements for a humanitarian green card. Instead of filling out two applications, you’ll choose the category that best describes your situation.
Often it’ll be the family green card for a simple reason. Proving your relationship with a close relative is easier than showing you may be the victim of abuse if you return to your home country.
Depending on where you are at the time of request, you’ll either fill out an application for those located within the U.S. or one designed for those still living abroad. The questions and requirements are similar for both types of applications. The primary difference is the ‘outside the U.S.’ application requires sponsorship from family or an employer.
Green Card Timeline and Costs
You’ll quickly notice it’s significantly cheaper to file an application to receive a green card from outside the United States. There’s around a $500 difference between application costs, but this fee also doesn’t cover the costs of your medical exam, which this is a non-negotiable requirement. The physician performing the exam must meet U.S. requirements.
In other words, you can’t have a family member fill in this section of the application. The time it takes to receive confirmation your green card application is approved or denied typically takes between one and two years, regardless of the type of application.
Talk to an Immigration Attorney About Your Green Card Eligibility
Navigating the green card application process indeed involves navigating a complex and often lengthy procedure, filled with intricate legal requirements and paperwork. To streamline this process and enhance the chances of a successful application, collaborating with an experienced immigration attorney is highly advisable.
An attorney specializing in immigration law can provide invaluable guidance, helping to demystify the process, avoid common pitfalls, and address any potential issues proactively. Their expertise ensures that your application is complete, accurately prepared, and submitted in accordance with the relevant laws and regulations. Additionally, an immigration attorney can offer strategic advice tailored to your specific situation, improving your prospects for approval.