How to get Green Card in USA? | USCANADAVLOG

What is Green Card in the USA?

The main questions are how to get green card in USA & what is this? “Green Card” is the informal description that is given to describe “permanent resident status.” If you have a Green Card, you do not need to have a visa to enter the United States. As a Green Cardholder, you are eligible to live and work anywhere in the United States. Additionally, after meeting certain residency and character requirements, after three or five years (depending on the basis of your Green Card) you can apply to become a US citizen.

In the United States, there are numerous ways of receiving a Green Card. Can be gained through Green Cards:

1. Family-Based
2. Employment-Based/Investment Based: EB-5
3. Diversity Lottery
4. Asylum
5. VAWA, U, or T Visas

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The existing legislation on immigration is designed to give “immediate family” priority to family reunions. Therefore, one of the easiest means to obtain the Green Card is by describing direct family members in the statutory description. For example, marriage to an American citizen or by your grownup being asked for (21 years or older, U.S. citizen child). Pay attention to the option of petitioning direct relatives to both Green Card holders and citizens. Thus your fiancé(s), parents, adult children, and siblings may be eligible to petition, depending on your situation.

• K-1/Fiancé(e) Visa

To be entitled to a K1 visa, within 90 days of your partner entering the United States, you and your fiancé(e) must plan to be married. Matrimony must be a true connection, so you can prove that marriage is real (“bona fide”) and not only for immigration purposes. Upon marrying, your foreign national spouse can apply for a Green Card by submitting I-485, Adjustment of Status application.

If you are already married, or you are already a fiancé(e) within the U.S., you cannot qualify for a K-1 visa except where you leave the U.S.  

• Marriage-Based Green Card

Often, spouses of US Citizens can apply immediately after marriage for a green card in the United States. You must show that you have to get a Green Card by way of marriage:

• A “bona fide” (genuine) marriage (both spouses must be single, meaning if they were previously married, they must have finalized their divorces);
• Again, a bona fide marriage is one that was entered into for love and not solely for immigration benefits;
• The foreign spouse must have entered the US lawfully (we will need to show evidence of having entered with inspection: valid I-94, visa);
• The foreign spouse must not have committed any “crimes of moral turpitude.”

Along with this, the petitioning spouse will need to file an affidavit of support (I-864) and the beneficiary will need to get a medical examination from a USCIS civil surgeon (I-693).

Fortunately, a visa number is not waiting for the US Citizens’ spouses. Thus, oftentimes, the I-130 Petition for Alien Relative application can be submitted jointly with the I-485, Adjustment of Status Application. Competitive filing for all families who profit from the I-130 process is not accessible (such as children of US Citizens over the age of 21 or siblings). The couple might expect an interview with their local field office after around 10-14 months following the submission of the combined applications for the I-130/I-485.

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Employment-Based Green Card

This visa category will show you again how to get green card in USA. Contrary to family petitions, Green Cards on the basis of employment are usually sponsored by the job of a foreign person rather than a relative. The newsletter divides the Green card alternatives for work into five different categories: EB1, EB2, EB3, EB4, and EB5.

EB1 Visa

Visa EB1 for so-called ‘priority workers’ is restricted. These are for leaders in their profession, executives, managers, and excellent researchers (often known as individuals with “special capabilities.” The EB1 visa is further divided into 3 other subcategories, including EB1A, EB1B, and EB1C.

EB1A Visa

The EB1A visa is for those with exceptional skills alone. You must demonstrate that you have outstanding skills in the arts, science, business, athletics, or education in order to qualify for an EB1A visa. You must also prove that you are among the few people who have reached the absolute highest level of your field.

One of the most important advantages of an EB1A card is that this choice is autonomous. You can file the application for your green card without a firm sponsoring it.

EB1B Visa

The EB1B visa is designed for excellent academics or scientists. You must be internationally regarded as ‘excellent’ in a certain field of education if you want to qualify for a Green Card under the EB1B visa. You must also demonstrate that you have at least three years of teaching and/or research experience in your academic discipline. You should also prove that you are working as a professor or researcher at an American institution at the higher education institute or as a privately-owned employer researcher.

EB1C Visa

The visa for EB1C is for international managers and managers. A foreign enterprise can transfer management or manager to an associated U.S. firm using the EB1C visa. To qualify, at the time the application for EB1C is filed, the U.S. company should have made business for at least 1 year. It is also very crucial that the applicant for an EB1C visa may demonstrate that his work functions are managerial or management in character and that his tasks are of a managerial or executive nature for the U.S. firm. 

EB2 Visa EB3 Visa

The EB2 and EB3 visa is usually referred to as the green card option sponsored by the company. These areas are designated primarily for bachelors and/or specialists at least. If you are eligible to obtain an EB2 or an EB3 visa, you usually have a complete employment offer available for a U.S. firm. A Labor Certificate of the U.S. Department of Labor must be authorized for the US firm. In order to acquire the authorized Labor Certificate, the U.S. firm needs to show that they tried to employ a U.S. employee, but could not locate a suitable U.S. employee for the job that they wanted to recruit you. 

EB2 National Interest Waiver

There is an unusual petition within the EB2 category called the “National Interest Waiver,” which does not require a PERM Labor Certificate (unlike the other petitions in this category and EB-3). Here you can be eligible for a US Green Card by self-petition, with excellent qualifications and with the aim of advancing “national interest” You can apply yourself for a green card without the necessity for a sponsor from an employer.

EB4 Visa

The EB4 visa category is reserved for ‘special immigrants,’ which are the following:

• Religious Workers
• Special Immigrant Juveniles
• Broadcasters
• International Employees of the U.S. Government Abroad
• Armed Forces Members

EB5 Visa

A green card alternative for the EB5 visa permits a person to get a green card based on investing in an American firm. The visa for EB5 is sometimes referred to as ‘the Green Card for investment.’ Some call the EB5 visa a ‘visa for the establishment of work.’ In order for an EB5 visa to qualify as of November 2019, you must invest in a United States company at least $900,000 or $1.8 million. In an economically deprived area known as a targeted employment zone, you must invest in a reduced investment of $900,000 (or TEA). You must also prove that your investment leads to 10 jobs for US employees full-time. 

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Diversity Lottery

A great option to how to get green card in USA. Each year, the US holds a lottery for foreign immigrants from countries that have not historically had a large immigration rate to the US. Countries such as India, the Philippines, Mexico, and China (for example) are thus not included in the Lottery of Diversity.

The lottery is completed every year and lasts around a month every autumn. There are no government filing costs in the lottery registration. Keep your number secure when you register, as that number will allow you to get the results of your lottery. Like any lottery, you have a 100 percent chance of winning. That means you are not assessed for your lottery performance (e.g. which potential contributions you may make to the United States). However, remember that if you apply from a nation with a small number of candidates, your chances rise because the lottery is regional, rather than worldwide.

Asylum

In accordance with international and federal legislation, the US acknowledges the right to asylum. Asylum seekers must demonstrate that in their nation they are afraid of persecution and that the government is unable to protect them.

Their asylum application must be based on one of five protected reasons: religion, ethnicity, nationality, political opinion or the “specific social group.”

This persecution can be established by past harm or experiences endured by the asylee applicant and/or their community, friends, or family.

One can apply for asylum upon arriving at a port of entry or within the United States. You should try to apply for asylum within one year of arriving unless you can prove your delay in applying was due to exceptional circumstances. To submit an application for asylum please fill out form I-589.

An approved asylum, one year later gets US Green Card eligibility. Please note that you will be referred to an Immigration Judge if your asylum application is refused and your case is denied by the asylum officer to resubmit your case. It is therefore necessary for you to prepare your application for asylum thoroughly.

U and T Visas

A lot of people don’t know this category also shows how to get green card in USA. Undocumented people have historically feared reporting crimes to the police for fear of ICE. Congress has introduced T and U visas to help victims to progress and report major crimes to eliminate this systematic problem. A Green Card can be requested upon acquiring the approved T or U visa. Please note that these humanitarian benefits are only covered by listed offenses.

The T visa specifically offers protections to victims of human trafficking. This allows victims to stay in the United States and collaborate with the police and authorities in order to investigate and prosecute trafficking perpetrators. To apply for a T visa, you will need to submit a Form I-914 along with a detailed statement explaining your eligibility.

The U visa comprises the T visa advantages and permits trafficked persons to claim migratory benefit in the United States for victims of various crimes such as abduction, rape, manipulation of witnesses, stalking, torture, felonious assault.

In order to apply for a U visa, you will need to submit Form I-918 along with the Form I-918 Supplement B, which should be certified by the police or district attorney’s office. This certification will show that foreign nationals have been helpful in criminal investigation law enforcement. If the victim of the incident doesn’t serve the local police or prosecutor’s office, USCIS will consider that he is not qualified for a U visa.

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VAWA: Violence Against Women Act

This topic also shows how to get green card in USA. The option of obtaining a green card as a self-petitioner under VAWA, the ‘Violence Against Women Act,’ should also be considered by non-Citoyens. VAWA was a piece of law adopted to protect persons in violent marriages with US Citizens or permanent residents (Green Card holders). The law was intended to encourage them to abandon emotional and/or physical ties and yet gain legal immigrant status. In order to receive immigration benefits, the petitioner or permanent resident spouse does not need to have a photo with VAWA.

To qualify for VAWA you need to show:

• That you were married to a US Citizen or Green Card holder – despite the name, both men and women qualify for VAWA benefits; and
• That the marriage was terminated due to abuse (can be emotionally or physical).

Bear in mind that abusive citizens’ non-citizen children and legal permanent residents may also be eligible for VAWA before age 25. When the parent is a foreign national and their non-citizen child has been molested (when they were spared).

Final Words

As you can see, in the United States there are various methods to know & follow how to get green card in USA. You may be astonished by all the possibilities offered by and where you can fit in immigration legislation. Hopefully, the different options available now will be much better understood.

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