Green Card Eligibility Categories And How To Apply

Do You Meet All Green Card Prerequisites?

A green card (or a Permanent Resident Card) allows non-United States citizens to gain permanent residence in the U.S. Many individuals and families want a green card because it allows them to live and work lawfully anywhere in the United States and qualify for U.S. citizenship after three to five years.

There are many categories of green cards and ways of obtaining each type. If you have any questions or would like assistance with obtaining a green card, reach out to our immigration lawyer in the Bronx at The Law Offices of Diron Rutty today.

1. FAMILY-BASED GREEN CARD

Close relatives of United States citizens, as well as current green card holders, can apply for a family-based green card of their own. Family members eligible for a green card based on family include:

• Spouses
• Children
• Siblings
• Parents
• Children (minors and adults) of spouses
• Siblings of spouses

Widows and widowers who were married to U.S. citizens at the time of their death can also apply, as long as they can prove that their marriage was authentic. Extended family members like cousins, aunts and uncles, and grandparents do not qualify for a family-based green card. These individuals may apply for a green card if they have a closer relative who is a lawful permanent resident, such as a U.S. citizen or current green card holder.

If you want to apply for a family-based green card and have questions about how to do so correctly, our skilled immigration lawyer can help.

2. EMPLOYMENT-BASED GREEN CARD

With an employment-based green card, workers can apply for permanent residence in the United States. They bring along their spouses and children in some cases. There are multiple subcategories of workers that are included, each with different green card qualifications to meet.

1. Priority workers (EB-1)

These workers hold positions in the arts, sciences, business, education, and athletics, requiring their achievements to be recognized in their field through extensive documentation, such as outstanding professors and researchers.

2. Professionals with advanced degrees and exceptional abilities (EB-2)

The green card criteria for these workers require at least a master’s degree, a bachelor’s degree with at least five years of relevant experience, positions in the sciences, arts, business, education, and athletics with exceptional ability, or positions of national interest.

3. Physicians (EB-2 with a special waiver)

These lawful permanent residents are physicians who agree to work full-time in underserved areas for a specific period and meet other eligibility requirements.

4. Skilled, unskilled, and professional workers (EB-3)

These are skilled positions that require a minimum of two years of experience or training (that is not temporary or seasonal), unskilled positions that require less than two years of experience or training (that is not temporary or seasonal), or professional positions that require a bachelor’s degree from a U.S. college or university (or the equivalent from a non-U.S. school).

5. Special workers (EB-4)

These are media professionals, religious workers, Afghanistan and Iraq nationals who have served the U.S. government under certain capacities, and certain other employees, retirees, and their families.

6. Investors (EB-5)

These are non-U.S. nationals who have invested (or are investing) at least $1,000,000 (or $500,000 in a high-unemployment or rural area) in a new United States business that will create full-time positions for at least ten workers.

3. HUMANITARIAN GREEN CARD

This type of green card is for those who have experienced fear or persecution in their own country because of their:

• Race
• Religion
• Nationality
• Political views
• Membership in a particular social group.

This also applies to human trafficking victims, crime victims, and abuse victims, which will allow them to seek relief and protection.

NOTE: If you or someone you know is experiencing domestic abuse, contact the National Domestic Violence Hotline right away.

4. DIVERSITY LOTTERY GREEN CARD

Under the Diversity Visa Lottery Program, the United States government randomly selects up to 50,000 people from a pool of entries it receives each year from six geographic regions, including Africa and Asia. This lottery is only for people from countries that have had little immigration to the U.S. in the past.

5. LONGTIME-RESIDENT GREEN CARD

Individuals who have lived in the United States, whether it be lawfully or unlawfully, since January 1, 1972, may apply for a green card through a special process known as “registry.” This designation has been used to collectively identify several special laws and exceptions to typical green card qualifications. Common examples of this include:

• Cuban Adjustment Act: This law allows Cuban nationals residing in the U.S. for at least one year to apply for a green card.
• Liberian Refugee Immigration Fairness (LRIF): This designation applies to Liberians who have been in the U.S. since November 20, 2014.
• Diplomats and International Organization Employees: Certain foreign diplomats or employees of international organizations and their families

Now, to be eligible for a green card through one of the previously listed registries, all of the following criteria must be met:

• The individual entered the U.S. before January 1, 1972, which they must prove by providing an I-94 travel record
• They have not left the U.S. since arriving
• They have “good moral character,” which means that they have not committed certain types of crimes like prostitution, fraud, or murder
• They are eligible for United States citizenship through naturalization
• They have not committed any crimes that would make them “deportable,” such as drug abuse, smuggling, and marriage fraud
• They have not committed any crimes that would make them “inadmissible” to United States citizenship, such as entering the U.S. unlawfully and staying more than six months with an expired visa.

6. GREEN CARD THROUGH ADOPTION BY A U.S. CITIZEN ABROAD

This pathway allows children adopted by U.S. citizens to become lawful permanent residents (green card holders). The process depends on whether the child is adopted from a country that is part of the Hague Adoption Convention or a non-Hague country. Eligibility requirements for a green card through adoption include:

• The child must be under 16 years old at the time the adoption process begins (or under 18 if they are the sibling of another child being adopted by the same parents).
• The child must be legally adopted by a U.S. citizen parent(s).
• The adoptive parent(s) must have had legal and physical custody of the child for at least 2 years (this requirement may be waived in certain cases).
• The child must meet the definition of an “orphan” under U.S. immigration law or qualify as an adopted child.

7. GREEN CARD THROUGH MILITARY SERVICE

Certain individuals who serve or have served in the U.S. Armed Forces may qualify for a green card. This pathway recognizes the contributions of non-citizens in the military and provides expedited or special immigration benefits. Eligibility requirements include:

• The individual must have served honorably in the U.S. Army, Navy, Air Force, Marine Corps, Coast Guard, or certain reserve components.
• The service may be during peacetime or designated periods of hostilities (e.g., post-9/11 era).
• The individual must meet general green card eligibility requirements, such as being of good moral character.

Serving in the military qualifies you to apply for a Green Card through one of the following pathways:

1. Through Naturalization: Non-citizen service members can often apply for U.S. citizenship directly without first obtaining a green card. This process is expedited and may waive certain requirements, such as residency or physical presence in the U.S.
2. Through Family Sponsorship: Service members who are lawful permanent residents can sponsor their family members (spouse, children, or parents) for a green card.
3. Parole in Place (PIP): For family members of active-duty military members, veterans, or reservists, Parole in Place allows undocumented family members to remain in the U.S. and adjust their status to obtain a green card. This program helps prevent family separation and provides a pathway to lawful permanent residency.
4. Special Immigrant Status: Certain individuals who served in the U.S. military may qualify for special immigrant status, which can lead to a green card.

CONTACT THE LAW OFFICES OF DIRON RUTTY, LLC FOR HELP

If you have any further questions about each category or would like assistance with applying for a green card, be sure to contact our immigration lawyer at The Law Offices of Diron Rutty in the Bronx today. We look forward to working with you and assisting you throughout the green card application process.