A Complete Guide to Green Card Categories

Attorneys at KC Immigration Lawyers clarify green card categories as you pursue your dream of getting a permanent resident in the U.S. Call us for more information.

2014 Avvo Clients Choice Award
2020 Avvo Client Choice Award
2016 Avvo Clients Choice Immigration Award 222
2016 Avvo Clients Choice Immigration Award 2

How Can a Green Card Help You?

Are you dreaming of becoming a U.S. lawful permanent resident? With a green card, you can live and work anywhere in the United States without having to procure any visa or work permit. You may also qualify for reduced university tuition and healthcare benefits. Most notably, green cards open a path to attaining U.S. citizenship.

However, this path to permanence is not a one-size-fits-all journey. The U.S. immigration system offers various green card categories, each tailored to the specific circumstances and aspirations of an individual. In this article, we embark on a comprehensive exploration of the diverse green card categories in the U.S.

The different categories of Green Card category are described below.

Family-Based Green Cards

 

You may be eligible to apply for a family-based green card category as:

  • an immediate relative of a U.S. citizen
  • other relatives of a U.S. citizen or a relative of a lawful permanent resident
  • A fiance(e) of a U.S. citizen or the fiance(e)’s child
  • A widow(er) of a U.S. citizen
  • Victims of brutality and cruelty

Learn the details of each below.

An Immediate Relative of a U.S. Citizen

Immediate relatives can become a lawful permanent resident (LPR) if they meet specific criteria. According to United States Citizenship and Immigration Services (USCIS), you are categorized as an immediate relative if you are:

  • Spouse of a U.S. citizen;
  • An under-21 unmarried child of a U.S. citizen; or
  • A parent of a U.S. citizen aged 21 or older.

Under this subcategory, you may be eligible for IR-2 (children), IR-5 (parents), and spouse green cards.

Other Relatives of a U.S. Citizen or a Relative of a Lawful Permanent Resident

Other relatives of a U.S. citizen include:

  • An unmarried child of a US citizen who is 21 or older
  • Married child of a U.S. citizen, or
  • A sibling of a U.S. citizen. 

Being a family member of a permanent resident means you are: 

  • The spouse of a permanent resident
  • An under-21-year-old unmarried child of a permanent resident, or
  • An unmarried daughter or son of a permanent resident and is 21 years or older.

Common visa classifications under this subcategory include the F1, F2A, F2B, F3 and F4 visas.

A Fiance(e) of a U.S. Citizen or the Fiance(e)’s Child

You can qualify for this family-based green card if:

  1. You are admitted to the U.S. as a fiance(e) of a U.S. citizen, or
  2. You are admitted as the child of a fiance(e) of a U.S. citizen

Green card classifications in this category are K-1 (fiance(e)) and K-2 (fiance(e)’s child).

A Widow(er) of a U.S. Citizen

You could be eligible for a green card if your spouse died when you were legally married. But first, USCIS requires proof of marriage. You also must not have remarried, and you must apply within two years of your spouse’s passing.

Victim of Brutality and Cruelty

You could be eligible to apply for a green card if you have suffered abuse and are:

  • The spouse of a U.S. citizen or LPR.
  • An unmarried child under 21 years of a U.S. citizen or LPR.
  • The father or mother of a US citizen.

As a victim of cruelty, you receive confidentiality protections under 8 USC Section 1367. USCIS can’t divulge your information to any third parties unless necessary.

Processing times for family-based green cards are different. Immediate relatives have a higher priority and typically have shorter waiting times than other family-based categories. For more information about family-based green cards, contact your green card lawyer.

Employment-based Green Cards

You may be eligible to apply for employment-based green cards if you are:

  • an immigrant worker
  • a physician looking to work in an underserved clinical practice
  • an immigration investor

Learn more about each below.

An Immigrant Worker

USCIS classifies immigrant workers as:

1. First preference workers

You are a first preference worker if:

  • You have excellent abilities in Science, the Arts, education, business, athletics, or business
  • You are an outstanding scholar, or
  • You are a revered manager meeting specific criteria.

2. Second preference workers

You are a second-preference immigrant worker if you: 

  • Are a member of a career requiring an advanced degree
  • Have good abilities in science, arts, or business, or
  • Are seeking a national interest waiver.

3. Third preference workers

These workers are:

  • Skilled. (Tasks that need two years of experience)
  • Professional workers. (Meaning the task requires a US degree or foreign equivalent)
  • Unskilled workers. This skill means you will perform work that doesn’t require any skills.

A Physician To Work in an Underserved Clinical Practice

Physicians looking to work full-time in underserved areas of clinical practice can apply for this green card. You will serve for a set period after the USCIS clears your eligibility.

Immigrant Investor

You can apply for admission as an immigrant investor if:

  1. You have invested or are investing at least $800,000 in a target employment area, or
  2. Your investment will create at least ten full-time jobs in the US.

Humanitarian Immigration

Sometimes, circumstances in your home country can become dire, making staying unsafe or impossible. That’s where humanitarian green card categories come into play. They offer you refuge and protection when facing persecution or significant harm in your home country.

The USCIS offers you three humanitarian green card options:

1. Green Card through Refugee or Asylee Status

An asylee can apply for a green card if you’ve been in the US for at least a year. But you must be admissible to the USA according to INA 212(a) regulations. Refugees can also apply for admission on the same grounds as asylees. Both applications require filing Form I-485, Application to Register Permanent Residence or Adjustment of Status.

2. Green Card for Human Trafficking or Crime Victims

USCIS awards temporary T immigration status to victims of human trafficking. Your  T classification lasts for up to four years. You may apply for LPR status before this period lapses. However, the awarding process is at the USCIS’s discretion. Mostly, you’ll get this classification if you help prosecute a human trafficking case.

3. Green Card for Victims of Abuse

This classification applies to:

  1. Special Immigrant Juveniles. For children exposed to abuse, neglect, or abandonment.
  2. Abused victims of battery or cruelty under the Cuban Adjustment Act. You may apply for a green card if you are the abused child or spouse of a Cuban citizen.
  3. Abused victims of battery or cruelty under the Haitian Refugee Immigrant Fairness Act (HRIFA). You may apply for a green card if you are the spouse or child of an LPR who received their status through HRIFA.

Diversity Lottery Green Cards

Imagine winning the lottery and becoming a green card holder in the United States. Well, it’s different than hitting the jackpot. The Diversity immigrant visa program is a green card lottery offering a unique opportunity to obtain a green card through random selection.

Every year, the DV lottery grants up to 50,000 green cards to foreign immigrants from countries with low immigration rates to the US. The program promotes diversity in the immigrant population.

Green Card Processing Times and Waiting Periods

Several factors affect your green card processing time:

  • The type of category you applied for;
  • The number of applications received by USCIS; and
  • Your country of origin.

Each green card category has its own processing time. That’s why you should know the approximate waiting periods. Also note that these periods change rapidly, and you should always check the USCIS website for regular updates.

Contact Kansas City Immigration lawyers for assistance if you need additional information.

How We Can Help

At KC Immigration Lawyers, we understand the importance of having a permanent resident card. We can help with your Green Card application or renewal petition. 

Are you seeking to immigrate to the US? Don’t hesitate to contact us at KC Immigration Lawyers. We can answer your immigration questions, address concerns, and support you to increase your chances of a successful green card application in line with immigration laws in Missouri

Contact us today for personalized assistance!