Article: How to Obtain a Green Card in the U.S.?
By: Jerome D. Ngando, Attorney at Law
The most common and the easiest way to come to the United States is trough a visitor’s visa (“B1/B2 visa”) which is obtained after submitting an application to the U.S. consulate in your country or city of residence. Besides, the visitor’s visa, there are several other types of U.S. visas including but not limited to the student visa (F1 or the "student visa"), the artist visa ("P3 visa”) which allows a foreign artist to come and perform in the United States for a limited period of time, the employee visa (“H1B visa "), and the investor visa (“E2 visa”) which provides an opportunity for foreign investors to settle in the United States with their immediate families (spouses and children) to manage their affairs.
This article will dwell on the permanent resident visa, better known as the “Green Card”. We will explain the Green Card and discuss some of the most common ways though which one can obtain a "Green Card" in the U.S.
The "Green Card" (it takes its name from its green color, although it is not green anymore) is issued to individuals who meet the conditions prescribed by U.S. immigration laws for a period of 10 years renewable.
A foreigner or "alien" (a term used in the United States to designate a foreign citizen living in the U.S.) who obtains the green card is automatically entitled to reside and work in the United States. The law also allows the holder of the green card to travel abroad including to his home country and stay there without consequence for a period not exceeding six (6) months.
The permanent resident (holder of green card) also has the right to bring immediate family members to the U.S. to reside here permanently. Immediate family members include unmarried children, unmarried children of the spouse under 21 years and adopted children under 18 years.
A permanent resident or green card holder may apply and become a U.S. citizen provided he or she applies and meets the conditions prescribed by U.S. laws. A permanent resident may apply and become a citizen of the United States after three (3) years of continuous residence in the U.S. if the individual obtained the green card through marriage to a U.S citizen or five (5) years if the green he has obtained through other means.
I have often been asked the following question: What are the differences between a U.S. citizen and a permanent resident? In reality, there are lots of differences. As I mentioned earlier, the permanent resident can live and work in the United States permanently for a period of 10 years renewable; he or she can travel outside of the U.S. for up to 6 months without consequences and bring his or her immediate family in the U.S. States. In contrast, the U.S. citizen can live abroad as much as he or she wishes; he or she can participate in federal and state elections. In addition to spouses and children, the U.S. citizen may also bring his parents, brothers and sisters in the U.S. to stay permanently. He or she may even bring his fiancé or her fiancée to the United States provided that the marriage occurs within 90 days of the entry of the fiancé (e) into the United States.
In addition, the U.S. citizen can travel to several countries without a visa including Western European and Asian countries which participate in the “Visa Waiver Program" established by the U.S. State Department.
It should be noted that the green card holder can be deported to his home country at any time if he commits certain serious offenses and he is convicted, while the U.S. citizen is not deportable. Finally, when it is time to bringing their family members to the United States, processing times are longer for the holder of a green card.
How does one get a "Green Card" in the U.S.?
Ways and means to obtaining a Green Card to the States are limited. Here are the main ones:
1. Family-based green card
As we mentioned earlier, an U.S. citizen or permanent resident (green card holder) may sponsor their closed relatives and allow them to obtain a green card. Relatives of an American citizen who can obtain "Green Cards" are the spouse or (e), children (any age, married or not), parents, brothers or sisters.
Relatives of Green Card holders who can be sponsored for a green card are the spouse, unmarried children (any age), unmarried children of spouse (under age 21) and children of the adoptive green card holder (under 18).
2. Green card through employment/sponsorship by the employer
There are five types of employment through which one may get a green card in the U.S. This has nothing to do with the H1B visa which is rather a non-immigrant visa. These employments are classified by "preferences":
a. Employment first preference includes persons of extraordinary ability, the renowned professors, researchers, managers and executives of multi-national companies.
b. Employment second preference includes professionals with advanced degrees, extraordinary abilities, and university professors and outstanding researchers.
c. Employment second preference with "National Interest Waiver” includes professionals who possess exceptional ability or advanced degrees and who work in business areas that benefit significantly to the national interests of the United States of America.
d. Employment third preference includes professionals who hold a U.S. Bachelor Degree or a foreign equivalent degree, the skilled and unskilled workers.
e. Professionals in Appendix A which includes certified nurses, physiotherapists and all individuals qualified to work in a shortage occupation in the United States listed in Annex A of the Immigration and Nationality Code.
The H1B Visa
Although classified as non-immigrant visa, the H-1B visa is one of the few visas whose the holder may have the dual intent which means a holder of H-1B visa may intend to immigrate permanently to the USA (apply and obtain a green card) while holding a nonimmigrant status.
The H-1B allows U.S. employers to temporarily employ foreign workers in specialty occupations. U.S. immigration laws defines a "specialty occupation" as requiring theoretical and practical application of a set of highly specialized knowledge in certain areas such as architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology and the arts.
In addition, the foreign worker must possess at least the equivalent of a Bachelor’s Degree. The length of stay is three (3) years but may be extended to six years. There are however, exceptions to the validity under certain circumstances.
It should be noted that the spouse of the H1B visa holder is not entitled to work in the United States.
3. The Green Card through financial investment (E2 Visa)
Foreign investors can apply for and obtain a green card in the United States if they invest at least $ 100,000 dollars. It should be noted that this amount may vary depending on the size and nature of the investment. The spouse of the visa holder investor E2 (E2 visa holder) is entitled to work in the United States.
4. Foreign nationals registered in the U.S. can obtain a green card if they have resided continuously in the United States since January 1, 1972.
5. The "Green Card" through political asylum
The "Green Card" can also be obtained through political asylum. The asylum seeker can become a U.S. citizen after 5 years of permanent residence in the United States.
6. Some individuals described as "special immigrants" may also be eligible to obtain a green card in the United States, namely:
a. Religious leaders
b. Former employees of the U.S. federal government
c. Former employees of the Panama Canal Zone
d. Former employees of the Armed Forces of the United States
e. Retired employees of international organizations
f. Former employees of the U.S. consulate in Hong Kong
g. Employees of International Broadcasting Companies
h. Special Farmers
i. Foreign medical graduates
j. Spouses and abused children of U.S. citizens or green card holders
k. Permanent residents who left the U.S. for more than twelve (12) months
l. Foreign children declared dependent children by a juvenile court
7. The Green Card Lottery (DV Lottery)
The Green Card Lottery also known as (“DV Lottery”) is conducted by the U.S. State Department. Applications may be submitted online. The Green Card Lottery is free. The applicant will only pay processing fees if he or she wins the DV Lottery. Therefore, there is is no need to pay intermediary agencies to participate. In addition, applying through intermediary agencies will not increase your chances of winning the Green Card lottery.
To enter the Green Card Lottery, applicants must have at least a high school diploma or an equivalent degree. This means that the candidate must have successfully completed a dozen years (12) during the primary and secondary education, OR two years of professional experience over the last five years preceding the Lottery in an occupation requiring at least two years of training or experience. The candidate for the Lottery must also be from a country on a list of countries allowed to participate in the Green Card Lottery. This list can be found on the website of the U.S. State Department http://travel.state.gov/visa/immigrants/types/types_1318.html.
This article is for information purposes only and it not intended as legal advice. Immigration issues may vary from case to case and immigration laws are subject to change at any time. I encourage everyone to consult an immigration attorney in the United States to respond with more details and precisions to their specific immigration needs.
Author: Jerome D. Ngando
Attorney at Law
Law Offices of JD Ngando, PLLC
(Office located in Northern Virginia, Washington, DC Area)
4008 Genesee Place, Suite 201
Woodbridge, Virginia 22192
Tel. (+001) 703 580 8088
Fax (+001) 703 656 4906
jngando@jdnlawoffice.com
www.jdnlawoffice.com
References:
USCIS.gov
Immigration and Nationality Act
Wikipedia, the free encyclopedia