Many obtain a green card as the immediate relative of a US citizen. If you’re a US citizen’s spouse, unmarried child under the age of 21, or parent of a US citizen over the age of 21, your relative may be able to file Form I-130, Petition for Alien Relative. You would then follow up by going through the “Adjustment of Status” process to become a permanent resident of the US. The procedure is slightly different for people not already in the United States, and is referred to as “consular processing”; a visa is administered by the US Department of State, and you would become a permanent resident once you are admitted into the US. The procedure is similar, but slower, if you are trying to get a green card through an immediate relative who is a permanent resident, but not yet a US citizen. If you turn older than 21 or get married, your status as an immediate family member changes, and this can delay getting your green card under the “family” category. You can also get a green card through special family situations including being a battered spouse or child, a widow or widower of a US citizen, or a child of a foreign diplomat born in the US.
You’ve received a permanent job offer for employment in the US. If this is the case, your employer will need to get a labor certification[1] X Research source and fill out Form I-140, Immigrant Petition for Alien Worker. You want to get a green card through investment. If you’re an entrepreneur and have made an investment of either $1,000,000 or $500,000 in a targeted employment area, and plan to create at least 10 jobs for US citizens, you can apply for a green card through investment. You’ll need to fill out Form I-526, Immigrant Petition by Alien Entrepreneur. You have extraordinary abilities and want to self-petition for a green card. Very talented or extraordinarily skilled people who are considered to be the best in their field (Nobel Prize winners, top athletes, etc. ) can self petition for a green card. This is an extremely rare category. You fall into a special job category. If you’re an Afghan or Iraqi translator, an Afghan or Iraqi who assisted the US government, a member of the armed forces, or fall into another special category, you can get a green card that way.
If you’re in the country as a refugee, it is mandatory to apply for permanent status after being in the country for a year. If you’re in the country as an asylee, it is not mandatory to apply for green card status.
If you’re obtaining a green card through your family, your relative must file Form I-130, the Petition for Alien Relative. If you’re obtaining a green card through your employer, your employer must file Form I-140, Petition for an Alien Worker. If you’re an entrepreneur investing money, you need to file Form I-526, Immigrant Petition by Alien Entrepreneur. If you’re in a special category such as a widow or widower, file Form I-360. If you’re a refugee or asylee, you most likely don’t need an underlying petition if you meet the requirements to adjust status.
There are an unlimited number of visas available for people applying for a green card through immediate relatives. There is a limited number of visas available to those applying for green cards through family that is not immediate and for employment purposes. You will receive a priority date and be put on a waiting list until a visa becomes available. You’ll receive a “Visa Bulletin” that will allow you to check your place in the visa queue.
If you’re applying for a green card through an immediate family member, you can file form I-485 at the same time your relatives files your petition, since there are unlimited visas available in your category. There is a filing fee of $1070.
In some cases your family member who filed your green card petition might be asked to come to the interview as well. Bring your travel documents, passports, and all other relevant documents to the interview.
If your application was denied, you may be able to file an appeal. If your application is accepted, you’ll receive further instructions about getting your green card, including information on when it needs to be renewed.
