Getting a green card

There are 3 primary paths through which someone may be eligible to apply for lawful permanent residence or a green card:

• Family reunification process
• Employment-based immigration
• Humanitarian programs

Other paths to lawful permanent residence include programs such as the diversity visa lottery. At times other programs are created to assist certain populations.

Family reunification process

Adult U.S. citizens and LPRs can apply, or “petition,” for certain family members to start the process of obtaining lawful permanent residence. How the process works and how long it takes varies depending on each individual case and the type of family relationship.

A U.S. citizen may petition for the following relatives:

• Spouse
• Children - those under 21 years of age who are unmarried
• Sons and daughters - children who are over 21 years old or married
• Parents - a U.S. citizen child must be over 21 years old to petition for a parent
• Siblings

A lawful permanent resident may petition for:

• Spouse
• Children - those under 21 years of age who are unmarried
• Sons and daughters – children who are over 21 years old or married

Immigration rules divide relatives into 2 groups:

• Immediate relatives. A U.S. citizen’s spouse, children and parents are called immediate relatives.
• Non-immediate relatives. Other relatives are called non-immediate relatives. There are a limited number of immigrant visas for non-immediate relatives. Due to the limited numbers of visas, these relatives may face years of waiting before they can apply for their green card.

The steps and paperwork for becoming a lawful permanent resident are complicated. If you do the steps or paperwork wrong, you risk being denied your green card or facing removal (deportation) proceedings. If you want to become an LPR through a family relationship, you should talk to a lawyer. You can find nonprofits that offer free legal help in your area on this page under "Legal Help and Lawyers."

A lawyer can help you complete the steps and paperwork, which includes:

• Proving the required relationship. For example, if you are filing based on a recent marriage, you must prove you have a “bona fide” marriage.
• Assisting with the affidavit of support. The U.S. citizen or LPR relative filing the petition must file an affidavit of support promising to be a sponsor and to be financially responsible for the relative. The sponsor must meet income level requirements to prove they can support their existing household and the relative.

It may take many years to become an LPR through a relative. Your case starts with U.S. Citizenship and Immigration Services, and then it may be transferred to the State Department and a consulate or embassy abroad, depending on the case.

Getting a green card through employment

Another way to get a green card is through eligible employment. If you are a skilled worker or professional, your employer may be able to get you a visa that allows you to apply for a green card. Your employer must be willing to sponsor you and go through a process to prove you are a necessary worker.

To learn more about the skilled worker and professional criteria, visit the U.S. Citizenship and Immigration Services website.

This process can be long and complicated. If you believe you are eligible to become an LPR through employment, you and/or your employer should talk to a lawyer. Read more to learn about finding an immigration lawyer.

Humanitarian paths to a green card

Another way to get a green card is through humanitarian paths designed to protect certain populations:

• Asylum. Asylum is protection for people who have faced persecution or fear persecution in the future in their home country.
• U visa or T visa. U visas and T visas are for immigrant victims of serious crimes and human trafficking.
• VAWA program. The Violence Against Women Act (VAWA) allows some survivors of domestic violence to become LPRs.
• Special Immigrant Juvenile Status (SIJS). SIJS is for children who may have been abused, neglected or abandoned by a parent.

Getting humanitarian status is complicated. If you want to get humanitarian status, you should talk to a lawyer. You can find nonprofits that offer free legal help in your area on this page under "Legal Help and Lawyers."

Read more to learn about finding an immigration lawyer.

Learn more about humanitarian paths to getting a green card.

Pitfalls to immigration cases

Even if you are eligible to pursue lawful permanent residence through a relative or an employer, there are certain scenarios that can lead to your case being denied or your immigration status revoked.  

These are some of the issues that can create serious problems with an immigration case:

• Criminal history. If you have been accused or convicted of certain crimes inside or outside of the U.S.
• Fraud or misrepresentation. If you commit fraud or misrepresentation, you may be ineligible to receive a green card. If you commit fraud in the process of getting your green card, you may lose your green card.
• Prior immigration violations. If you have a history of certain types of immigration violations, have been removed (deported) or have spent time in the U.S. unlawfully, you may become ineligible for lawful permanent residence.
• Falsely claim to be a U.S. citizen. This includes falsely claiming to be a U.S. citizen to work or to vote in the United States.
• Alien smuggling. If you knowingly help or encourage someone to enter the U.S. illegally.
• Are sick or may make others sick. If you have a communicable disease or do not get required vaccinations.
• Are a national security threat. 
• Being a public charge. If you are dependent on government benefits for financial support, this may cause problems.

If you have questions about any of these issues, you should talk to a lawyer. You can find nonprofits that offer free legal help in your area on this page under "Legal Help and Lawyers."