For many individuals dreaming of living and working in the United States, obtaining a green card for permanent residency is a significant step toward achieving their goals. While marriage to a U.S. resident is a common route to obtaining a green card, it is not the only one. A Duluth immigration lawyer at Barrios Virguez can help you explore the various pathways to securing a green card in the USA without involving marriage.
Understanding Green Cards and Residency
A green card, officially known as a Permanent Resident Card, grants you lawful and permanent residency in the United States. With a green card, you can live and work in the U.S. indefinitely, travel freely in and out of the country, and enjoy benefits available to permanent residents. Unlike temporary visas, which have expiration dates and may be subject to renewal or extension, a green card provides a more stable and long-term immigration status.
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Alternative Pathways to Getting a Green Card
Marriage to a U.S. citizen is a common pathway to obtaining a green card. However, there are alternative options available if you do not wish to rely on marriage for immigration purposes. An immigration attorney in Duluth can help you explore these alternative pathways:
Employment-Based Green Cards
One of the most common ways to obtain a green card in the USA without marriage is through employment-based immigration. An employer typically sponsors you to get a green card through employment via an EB-5 Visa. Employment-based green cards consist of the following categories:
- First preference EB-1: This caters to individuals with extraordinary abilities in their field. Multinational executives and outstanding researchers working in a U.S. branch of their company may also qualify.
- Second preference EB-2: This preference targets professionals with advanced degrees or exceptional abilities in their fields. If your work is deemed to have substantial merit and national benefit, a national interest waiver can be sought.
- Third preference EB-3: This applies to skilled workers in specific professions with labor shortages in the U.S. A valid job offer with the U.S. employer sponsoring the application is required.
- Fifth preference EB-5: This is an investment-based green card wherein applicants must invest significant capital in a new commercial enterprise that creates or preserves at least ten jobs for qualified workers.
Family-Based Green Cards
Family-based immigration is another avenue for obtaining a green card without marriage. While the process may take longer, it can be a viable option if you have eligible family members in the USA. Citizens and permanent residents of the U.S. can sponsor the following family members for green cards:
- Unmarried children: Unmarried adult biological or adopted children of U.S. citizens can apply for a green card.
- Parents: Unmarried parents of adult U.S. citizens may be eligible for a green card.
- Siblings: Unmarried siblings of adult U.S. citizens can petition for a green card.
Special Immigrant Categories
Several special immigrant visa categories may qualify you for a green card. These qualifications are based on specific circumstances or criteria. Some of these categories include:
- Fourth preference EB-4: Religious workers employed by a qualifying religious organization in the U.S. may be eligible for a green card.
- Outstanding researchers and professors: This category is open to individuals with outstanding academic achievements in a particular field of study.
- Crime victims: Certain victims of crimes like human trafficking or violent crimes may be eligible for a green card under specific circumstances.
- Juveniles: Juveniles in the U.S. who have been abused, neglected, or abandoned by their parent and need a juvenile court’s protection may be eligible for permanent residency.
- U.S. government workers: Certain employees of U.S. government agencies, including Afghan or Iraqi nationals, may be granted a green card.
Asylum
If you have been persecuted or fear persecution in your home country, you may be eligible for asylum in the USA. Asylum seekers must demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. If granted asylum, you may apply for a green card after one year of continuous presence in the U.S.
Diversity Visa Lottery
The Diversity Visa (DV) lottery, also known as the green card lottery, is a program that provides a limited number of green cards each year to individuals from countries with low immigration rates to the USA. Applicants must meet certain eligibility criteria and be selected through a random lottery process. While the odds of winning a green card through the DV lottery are relatively low, it is a straightforward and accessible option for individuals from eligible countries.
The Green Card Application Process
Regardless of the pathway to permanent residency, obtaining a green card typically involves several steps. The specifics of the application process vary depending on the green card category, and a Duluth immigration attorney can help you through each step. However, here is a general roadmap to the application process:
- Determine eligibility: Carefully research the green card categories and identify one that aligns with your qualifications and circumstances.
- Petition and sponsorship: You may need a sponsoring employer or family member to file a petition to U.S. Citizenship and Immigration Services (USCIS) on your behalf.
- Application forms and documentation: Gather all necessary application forms, supporting documents, and evidence to prove your eligibility.
- Priority date and visa availability: Once USCIS receives your application, they will assign you a priority date, determining your place in line for processing.
- Processing and interview: USCIS will process your application, request additional evidence if needed, and schedule an interview to assess your eligibility.
- Green card decision: USCIS will notify you of their decision, though how long it takes to get a green card can vary. Upon approval, you will receive instructions on how to obtain your green card and officially become a lawful permanent resident of the United States. If denied, you may still be able to win on appeal.
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Getting Legal Help Is Important When Applying for a Green Card
While marriage to a U.S. citizen or permanent resident is a common pathway to obtaining a green card in the USA, it is not the only option. With careful planning, preparation, and the assistance of an experienced immigration lawyer in Duluth, you can successfully navigate the green card application process and maximize your chances of achieving your immigration goals. Contact us at Barrios Virguez today for a consultation to learn how we can provide valuable assistance in determining eligibility, preparing and submitting petitions, gathering evidence, attending interviews, and addressing any issues or obstacles that may arise.
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