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. 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.
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.
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.
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.
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.
