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U.S. Immigration Categories
The United States has a massive influx of immigrants every year. That is why specific rules and regulations are set to ease the process for immigrants and the government. Immigrants in the U.S. are divided into four categories. The four categories are U.S. citizens, permanent residents, non-immigrants, and undocumented immigrants.
This article briefly describes some of the most essential immigration categories to become a lawful permanent resident. If you have questions about your eligibility in any of these categories or are unsure where you fit, feel free to contact Andrew T. Thomas, Attorneys at Law!
What Is a Green Card Category?
A green card category describes criteria for admitting foreigners into the USA and granting lawful permanent resident status. This category outlines who will receive green cards and how long they are allowed to remain in the country. Many immigrants seek a green card as it allows them to stay in the country indefinitely and work legally.
Green Card Categories
Eligibility to apply for a green card depends on eligibility for one of the following categories.
Green Card Holders Through Employment
- First Preference: For people with extraordinary ability in art, science, business, athletics, outstanding professor, researchers, and senior managers and executives of an international organization who meet specific criteria.
- Second Preference Workers: These are international organization employees in positions that require an advanced degree and exceptional ability in science, arts, and other subjects seeking national interest waiver under the diversity immigrant visa program.
- Third Preference: This Admits a skilled worker requiring a minimum of two years of experience or training, a professional with a bachelor’s degree or foreign equivalent, or a skilled worker performing unskilled labor.
Other Employment-Based Immigration Categories
- Physicians in a specific underserved area may also be eligible.
- Investor status is granted to investors with the ability to invest 1.05 million U.S. dollars and provide employment for at least ten people through the business they invest in.
- Special immigrants such as religious workers or religious group members are eligible.
- Members of the U.S. Agency for Global Media.
Humanitarian Green Cards
The U.S. offers humanitarian visas to those facing oppression, disasters, or other urgent circumstances. People who otherwise cannot enter or remain in the United States under other visa categories can apply for a humanitarian visa.
There are several kinds of humanitarian visas available, including visas and temporary lawful status for the following:
- U Visa: U visas encourage victims of crimes to cooperate with law enforcement without fear of deportation, thereby reducing the risk of deportation. While the U visa does not cover all crimes, it does include domestic violence, stalking, sexual assault, and felony assault.
- T Visa: T visas allow victims of human trafficking to remain temporarily in the United States and work there for a period of time, provided they report the crime to law enforcement and cooperate with them in investigating the crime and prosecuting it.
- S Visa: This category is available to individuals who provided information or assistance to a law enforcement agency as a witness or informant. Once a witness or informant has completed the terms and conditions of his or her S classification, a law enforcement agency may submit an application for permanent residence (a Green Card).
- Refugees and asylum seekers: The right to asylum or refugee status may be granted to those who have been persecuted for their race, religion, nationality, or political beliefs. Despite your immigration status, you may apply for asylum within one year of your arrival. You must have extraordinary circumstances that led to your delayed filing.
Whether you fit into any of these categories, have been denied refugee status, are unsure what to do, or need help with immigration court proceedings, Andrew T. Thomas, Attorneys at Law, is here to help!
Family-Based Green Card
Close relatives of U.S. citizens and current green card holders may apply for family-based green cards of their own. This is known as the (F-category), which includes many subcategories; among the most important are:
Immediate relatives of a U.S. citizen and lawful permanent resident alien: An immediate relative of a U.S. citizen or permanent resident can apply for a family preference green card. This applies to a spouse of a spouse or an unmarried son or daughter of a US citizen or green card holder. Spouses need to provide a valid marriage contract when submitting their petitions.
A fiancée of a U.S. citizen or the child of the fiancée of a U.S. citizen: Can be admitted as a K-1 non-immigrant.
The Surviving Spouse of a U.S. Citizen: You are eligible to become green card holders as family members if you were married at the time of their death.
Other Green Card Options
Through Liberian Refugee Immigration Fairness Act: You are eligible for a green card if you are a Liberian or spouse or child of a qualified Liberian living in the USA since November 20, 2014.
HRIFA Dependence Status: Spouses and children of permanent U.S. residents based on the Immigration Fairness Act (HRIFA) (also known as the Haitian Refugee Fairness Act) are eligible for this category. It also caters to abused spouses and children to lawful permanent residents through the Immigration Fairness Act.
Chinese Student Protection Act: This category is for individuals of Chinese nationality who were in the United States on June 5, 1989, to April 11, 1990. These individuals are eligible for a green card regardless of their immigration or other legal status in the United States.
Nicaraguan Adjustment and Central American Relief Act: This act grants green cards to individuals who have been living in the United States before December 1, 1995, and are citizens of Nicaragua or other Central American countries.
Diversity Visa Lottery Program: The U.S. government runs the lottery to issue 55,000 green cards each year to qualified applicants from countries with low rates of migration to the United States.
American Indian Born In Canada: People who reside in the US and are born in Canada with 50 percent American-Indian blood qualify for this category.
Other qualifying people are:
- Children of a person with diplomatic status were born in the United States before service to a government abroad.
- High-ranking U.S. diplomats.
- Vietnamese or Cambodians paroled in the USA on or before October 1, 1997.
Impact of Criminal Records on Green Card Eligibility
What Counts as a Conviction in Immigration Law
In U.S. immigration law, a conviction is not limited to a traditional criminal trial outcome. It can also include guilty pleas, deferred adjudications, or admissions of guilt that result in some form of penalty, probation, or restraint on liberty. Even if a case is dismissed under state law, immigration authorities may treat it as a conviction for immigration purposes. Because of this, individuals applying for a green card should fully understand how their record is interpreted under federal immigration rules.
Aggravated Felonies and Their Consequences
Aggravated felonies cover various offenses, from violent crimes to sure fraud or theft-related offenses. In immigration law, this classification is broader than in many state criminal codes. A conviction for aggravated felonies can bar an applicant from obtaining a green card, canceling removal, or qualifying for most forms of immigration relief. Sometimes, it can also lead to mandatory detention or expedited removal.
Crimes Involving Moral Turpitude
U.S. immigration law also addresses crimes involving moral turpitude. These are generally offenses that involve fraud, dishonesty, or harmful intent, such as theft or assault with intent to cause serious harm. A single conviction may create hurdles, while multiple convictions can render an individual permanently inadmissible. Each case is evaluated on the specific facts and circumstances, but applicants may be prepared to disclose these offenses during the immigration process.
Drug-Related Criminal Offenses and Immigration Status
Drug-related criminal offenses are treated with particular seriousness. While many people associate these solely with controlled substance possession or trafficking, even lesser offenses, such as paraphernalia possession, can affect green card eligibility. Immigration law generally imposes harsh restrictions for any conviction connected to controlled substances, making these cases especially challenging for applicants.
Foreign Criminal Convictions and Their Interpretation
U.S. immigration authorities also consider foreign criminal convictions when assessing admissibility. Even if a foreign conviction is not classified as a crime under U.S. law, it may still create barriers in the immigration process if the conduct is considered serious. In many cases, foreign criminal convictions are treated the same as domestic ones, and applicants must disclose them thoroughly to avoid allegations of misrepresentation or fraud.
Importance of Full Disclosure in Green Card Applications
Applicants are required to disclose all prior arrests, charges, and convictions when applying for a green card. Failure to disclose this information can be viewed as misrepresentation, which may result in denial of the application or later revocation of lawful permanent resident status. Even if an offense seems minor or occurred abroad, it is essential to provide accurate details to immigration authorities.
Consequences of Withholding Criminal History
Withholding information about convictions, aggravated felonies, or crimes involving moral turpitude can have severe consequences. Beyond denial of a green card, it may also trigger removal proceedings or long-term inadmissibility. Immigration law prioritizes transparency, so honesty in disclosing criminal history is critical for protecting eligibility and avoiding future complications.
Procedure to Change Categories of Approved Green Cards
USCIS Green Card Processing Times for Green Cards
Processing time depends on several things, such as the type of application (EB-1, EB-2, or EB-3) and subject to country nationality. Different types of green cards based on employment and subject to country nationality have many ways to apply. The process might take a long time. Depending on what kind of application you’re making and which country you’re from, the process could take a few months or years.
A green card application is processed between 7 to 33 months. It depends on the visa type, country location, and the processing office’s location. The higher the demand for the visa, the longer the processing time, and vice versa. However, other unpredictable factors, such as the Covid-19 outbreak and other world pandemics, can affect processing time.
At Andrew T. Thomas, Attorneys at Law, we understand the complexity and stress of applying for a green card. We will provide you with the right guidance, strategies, and resources to ensure you don’t miss out on any important opportunities.
We can help you navigate the entire process, from filing the application to representing you in immigration court proceedings. Contact us today and get started on your journey to becoming a U.S. permanent resident!
Can I Apply for Multiple Green Cards at the Same Time?
Yes, however, it’s not always advisable to do this. It is feasible to submit applications for multiple employment-based green cards simultaneously (EB-1, EB-2, etc.).
Consult an immigration lawyer about whether this is a wise move in a particular situation. It is possible to submit a new application in the same (or a different) employment-based category subject to country location if a green card application previously submitted on your behalf is rejected.
Can Holders of Non-Immigrant Visas Transition to a Green Card?
Yes, holders of non-immigrant visas can transition to a Green Card, also known as permanent residency, under certain conditions. This process is known as “adjustment of status.” Foreign nationals in the United States on non-immigrant visas, such as those for temporary work, study, or as qualified workers, may be eligible to apply for a Green Card if they meet specific criteria.
For instance, a priority worker classified under employment-based categories, an immediate family member of a U.S. citizen, or certain unmarried children of U.S. citizens and permanent residents can potentially adjust their status.
Additionally, foreign nationals who have investor status prior to their temporary visit abroad might also be eligible. It’s important to note that not all non-immigrant visa categories allow for this transition. Each case is unique, and the eligibility largely depends on the current visa status, the reason for the initial entry into the United States, and whether the individual has adhered to the terms of their visa.
Can Refugees and Asylees Apply for Green Cards?
Refugees and asylees can indeed apply for Green Cards to obtain permanent residency in the United States. After being physically present in the United States for one year as a refugee or asylee, they are eligible to apply for a Green Card.
This is part of the U.S. humanitarian program to assist those who have been persecuted or fear persecution in their home countries. The application process requires refugees and asylees to demonstrate their continued eligibility for protection and that they haven’t abandoned their status (for example, by returning to the country from which they sought asylum).
In addition, they should not have committed any actions that would disqualify them, such as crimes that fall under certain categories or actions that adversely affect foreign states. The successful transition from refugee or asylee status to a Green Card grants them the same rights as other lawful permanent residents.
Have Questions About Green Card Categories? Contact Andrew T. Thomas, Attorneys at Law
Green cards can sometimes be challenging to obtain. An immigration attorney is always a smart choice when applying for a green card or adjustment of status, especially if you are unsure about which category you are eligible for.
An experienced immigration attorney can help you with visa applications or resolve more complex immigration issues. The attorneys at our firm can assist with various applications, whether for family preference or a work permit for a job of temporary or seasonal nature. In addition, we can assist you with the application process for a permanent resident card renewal or replacement.
We are here to help you if you need assistance with your petition to become a legal permanent resident. So please do not hesitate to contact Andrew T. Thomas, Attorneys at Law, if you need assistance.
