How to apply for a green card in the U.S.

The immigration laws in the U.S. are extremely complicated.  Many intending immigrants do not understand how they can apply for legal status in the U.S.  The following is a summary of seven major avenues that one may apply for a U.S. green card:

1. Petition by Close Family Members

If you have a parent, spouse, child, brother, or sister who are U.S. citizens, then you may be eligible to apply for a green card through them.  Certain lawful permanent residents may also apply for their relatives.  Each relative category has its own sets of rules.   Waiting times vary considerably according to the closeness of the relationship, the immigration status of your relative, your marital status and your country of birth. For example, if you are married to a U.S. citizen, you may obtain a green card in nine months or less. However, if you are petitioned by your brother who is a U.S. citizen, it may take over ten years for you to obtain permanent residence, even longer if you were born in a country with a large backlog like China, India, or the Philippines.

2. Petition by an Employer

A U.S. employer who can not find a U.S. worker who are able, willing and qualified to fill a job opening may petition for a foreign worker who has the right education and qualification.   In fact, this is one of the most common ways for F-1 students and H-1B workers to obtain LPR status.  Normally, a labor certification needs to be approved before the employer may petition for a green card for the employee.  Certain employment-based immigrant categories are exempt from the labor certification requirement (E.g., extraordinary ability and national interest waiver applicants)

3. Extraordinary / Exceptional Foreigners and  Special Categories

For those people who possess superior education, extraordinary or exceptional ability, or work at multinational companies, they can apply for a green card directly without first obtaining a labor certification, and sometimes even without a job offer.  For those people whose immigration is considered in the national interest of the U.S., they may also apply for a green card on their own.  Religious worker such as priests, nuns, and missionaries may also apply for a green card. 

4. Visa Lottery

Every year, approximately 50,000 immigrant visas are available for nationals of countries which have not sent a large number of immigrants to the U.S.   Your odds are doubled if both your and your spouse apply at the same time.  

5.  Investor Visas

For those individuals who are interested in investing a substantial amount of capital in the U.S.,  they may also be eligible to apply for an immigrant visa.  Their investment and business must meet very vigorous requirements and create at least 10 jobs in the U.S.

6. Political Asylum

For those people who have suffered persecution in,  or who fear future persecution from, their home countries, they may also be eligible to apply for lawful status by applying for  political asylum.   The alleged persecution must be based on race, religion, political opinion, nationality, or membership in a particular social group. 

7. Extraordinary Relief

Finally, if  you are in removal, deportation, or exclusion proceedings, you may also apply for permanent residence through suspension of deportation or cancellation of removal. These are extraordinary relief granted to the most deserving candidates only.