What are the main factors that determine whether an immigrant is eligible for a green card?
By
As an immigration lawyer, I can provide legal advice on the factors that determine an immigrant's eligibility for a green card.
Firstly, a green card is a document that grants an individual legal permanent resident status in the United States. Typically, obtaining a green card requires an individual to have a US sponsor either through family, employment, investment, or asylum.
Family-based Green Cards
An immigrant's eligibility for a family-based green card depends on the relationship with the sponsoring family member. For instance, a US citizen can sponsor their spouse, unmarried children under 21, adult unmarried children, married children, and siblings. Conversely, a green card holder can sponsor their spouse and unmarried children under 21. However, the waiting time for family-based green cards can vary and can depend on the number of visas available and the number of individuals in the same category seeking to obtain a green card.
Employment-based Green Cards
An immigrant can qualify for an employment-based green card if he or she is sponsored by an employer. There are five employment-based preference categories, and the waiting time varies depending on the employment category. The first three categories are for priority workers, professionals with advanced degrees or exceptional abilities, and skilled workers, respectively. The fourth and fifth categories are for certain special immigrants and employment creation investors.
Investment-based Green Cards
Investment-based green cards, also known as EB-5 visas, are available to individuals who invest a minimum of $900,000 in a US commercial enterprise. This investment should create at least ten full-time jobs for US workers.
Asylum-based Green Cards
An individual may qualify for a green card based on an asylum application or refugee status. To qualify for asylum, an immigrant must have a credible fear of persecution in their home country based on race, nationality, religion, political opinion, or social group.
In conclusion, an immigrant's eligibility for a green card depends on various factors, such as their relationship with the sponsor, employment circumstances, investment opportunities, or the ability to qualify for asylum. It is essential to consult with an immigration attorney as immigration laws are complex and tend to change frequently.
