Green Card Eligibility: Who Qualifies for Permanent Residency?
Family-Based Eligibility
One of the most common paths to obtaining a green card is through family sponsorship. U.S. citizens can petition for their spouses, children, parents, and siblings, while lawful permanent residents can sponsor spouses and unmarried children. Family relationships are divided into immediate relatives (who have priority) and family preference categories, which are subject to visa caps.
Employment-Based Eligibility
Employment-based green cards are available for skilled workers, professionals, and investors. Categories include:
- EB-1: For individuals with extraordinary abilities, multinational executives, and professors.
- EB-2: For professionals with advanced degrees or exceptional abilities.
- EB-3: For skilled workers and other professionals.
- Special Immigrant Categories
There are also green cards available for asylees, refugees, special immigrant juveniles, and individuals who have been victims of human trafficking or other crimes.
Diversity Visa Lottery
The Diversity Visa Lottery allows individuals from countries with low U.S. immigration rates to apply for a green card. The lottery is held annually, offering a chance for people to become permanent residents without sponsorship.
Eligibility Through Investment
The EB-5 visa allows investors to obtain a green card by investing a significant amount (typically $800,000 or more) in a U.S. business that creates jobs for American workers.
Continuous Residence and Physical Presence
Applicants must demonstrate continuous residence in the U.S. for a specific period and meet the physical presence requirement, especially for family-based and employment-based green cards. For most categories, this means having lived in the U.S. for several years, though requirements vary based on the specific visa.
Bars to Eligibility
Certain individuals may be barred from obtaining a green card due to past immigration violations, criminal records, or health-related issues. It’s crucial to be aware of these barriers when determining eligibility.
The information provided here is for general informational purposes only and is not intended to be legal advice. While we strive to ensure that the information is accurate and current, it is not a substitute for professional legal counsel. Please consult with a qualified attorney for advice regarding your specific situation or legal questions.