When individuals discuss the simplest way to obtain a “green card” (lawful permanent residency in the United States), they usually mean a combination of:
- Which is the quickest way to obtain a green card?
- Which method of obtaining a green card has the least stringent eligibility requirements?
These questions do not have a single answer. Of course, one’s personal circumstances play a role in one’s immigration eligibility. Instead, this article will focus on the green card categories that people most regularly use to enter the United States, including:
- ties within the family
- a job with a company in the United States, and
- The visa lottery for diversity.
But, before we get there, let’s look at why some types of green cards take so much longer to obtain than others.
How Waiting Lists Affect Green Card Recipients in Certain Categories
Annual limits on the number of people who can acquire a green card in many (but not all) eligible categories are imposed by US immigration law. As a result, the length of the wait for applicants to be able to proceed with their application can range from nothing to 20 years or more.
Though you may not have a choice in how you fit into a green-card eligibility category, it would be undesirable if, for example, your only option was to apply as the brother or sister of a U.S. citizen. They have the longest waits of any visa category.
The primary visa categories are outlined in the monthly Visa Bulletin issued by the State Department. You’ll see that immigrant visa numbers are divided into two categories: Preferences Influenced by Family and Preferences Influenced by Employment (discussed further below). The Bulletin also has a category for “Diversity Immigrants” (also discussed further below). There are distinct subcategories under each classification.
The Bulletin’s principal aim is to list the current availability of immigrant visas, allowing users to track their position on the waiting list. The relevant date in the chart for each category depicted specifies the month, day, and year in which people who can finally be removed from the waiting list first applied to immigrate.
Because of the strong demand for immigrant visas from Chinese, Indian, Mexican, and Philippine nationals, foreign citizens from those countries frequently have separate, generally delayed, Priority Date columns on the Visa Bulletin. On the other side, demand has recently been lower in other categories, and you may notice a “C” for “current” in your category, indicating that there is no wait at all.
Possibilities for Green Cards in Family-Sponsored Visa Categories
For the family-based side of immigration, the quickest method to qualify is as the spouse, unmarried child under the age of 21, or parent of a U.S. citizen over the age of 21. These are all deemed “immediate relatives,” and they are all eligible for immigration visas right away, with no annual limits or waiting periods. (They aren’t even on the Visa Bulletin.)
The following groups are specified in the Bulletin under Family-Sponsored Preferences (and may face a wait for visa eligibility):
- Family First Preference (F1): Unmarried sons and daughters of U.S. citizens.
- Family Second Preference (F2): Spouses and children of permanent residents (category 2A), as well as unmarried sons and daughters of permanent residents aged 21 or older (category 2B).
- Family Third Preference (F3): Married sons and daughters of U.S. citizens.
- Family Fourth Preference (F4): Adult U.S. citizens’ brothers and sisters.
Take note that none of these are extended family members (i.e. no cousins or grandparents).
Among these so-called “preferred relations” (not immediate relatives), spouses and unmarried, under-21 children of U.S. permanent residents frequently have the lowest waits, ranging from two months to two years. But, it is entirely dependent on demand, or how many people apply before you.
Preferred Category Based on Employment
Unlike with family-based preferences, an employer in the United States is frequently the entity sponsoring a foreign national in the employment-based preference categories. Furthermore, the employment-based categories are primarily defined by the difficulties and educational requirements of the job that the foreign national would be performing. The Fourth and Fifth employment-based preference groups stand out as notable exceptions. More on these in a moment.
Whilst most categories have very low wait times for employment-based immigrant visas, the application procedure demands a significant amount of labor and evidence from both the immigrant and the sponsoring employer. Furthermore, the basic eligibility requirements in terms of candidates’ professional skills, education, and experience might be fairly difficult.
Below are the specific categories:
- Employment First Preference (EB-1): “Priority workers,” such as internationally famous artists, award-winning scientists, or the like, or executives or CEOs of multinational corporations.
- Employment Second Preference (EB-2): Professionals who hold advanced degrees or persons of exceptional ability.
- Employment Third Preference (EB-3): Those whose projected employment in the United States will necessitate at least a Bachelor’s degree in some specialized profession, as well as some unskilled employees (but the wait is very long). In most situations, the Second and Third Preferences require that the employer sponsoring the foreign national complete a “market test” of the job market to assure that no U.S. citizens or permanent residents existing in the United States will be displaced from an available job.
- Employment Fourth Preference (EB-4): So-called “special” immigrants, including as religious workers and minors who need to join foster families in the United States. This category’s requirements are highly technical and beyond the scope of this article.
- Employment Fifth Preference: Often known colloquially as the “Job Creation Visa,” this visa is for foreign people who may invest a considerable sum of personal assets in an enterprise in the United States that can employ at least ten full-time U.S. citizens or permanent residents. Besides from the high monetary requirements, US immigration authorities closely evaluate petitions in this category due to the possibility of fraud.
Overall, if you have a willing employer to sponsor you under the First, Second, or Third Preference categories, or if you have the financial resources to contribute under the Fifth Preference scheme, you will have a shorter wait period than others. The underlying rules and processes for employment-based immigration, on the other hand, are nothing to sneeze at. Talk with your prospective employer and a professional immigration attorney.
Immigration via Diversity Visa (the “Lottery”)
The Diversity Immigrant Visa (DV) program has been referred to as a “lottery” for green cards. This is not far from the truth.
According to US immigration rules, there are 55,000 immigrant visa numbers available for foreign nationals from countries with a low number of permanent residence petitions to the US. If you meet the minimum educational requirements, can demonstrate that you will be able to support yourself financially in the United States, and have no issues such as previous criminal activity, immigration violations, or other issues that would make you inadmissible, you can apply under the DV program for a chance to be randomly selected and assigned an immigrant visa number right away.
However, like with all lotteries, your odds of winning the DV program are determined by both personal circumstances and luck. Furthermore, even if you are chosen under the DV program, you must complete the processing before the visas for that year expire (a challenge, since the State Department already picks more “winners” than there are visa numbers).
Obtaining Assistance in Your Search for Lawful Permanent Residency in the United States
When it comes down to it, obtaining permanent residence in the United States is not easy. But, there are other routes you can take to reduce the amount of time you need to wait for a green card. Talk with a reputable, licensed immigration attorney about the various options available to you.