What Is a Green Card?

In this article, we will overview what is the U.S. permanent resident card (aka, Green Card) and the types of Green Cards based on the application categories. There are many people curious about how to get a Green Card, how to apply for a Green Card and the required documents such as I-130 or I-485 for the family-based Green Card. We’ll walk through the information in this article series.

I. How to get a Green Card in the U.S.A?

There are various categories for eligibility that must be considered to apply for a Green Card. Although there are many categories for Green Card eligibility, choosing the most applicable categories and providing all the necessary supporting documents are essential in smoothly completing the application process.

The below guide will help you understand which eligible category applies to you, or the beneficiary, and the requirements for Green Card eligibility.

II. Green Card eligibility categories

The United States Citizenship and Immigration Services (USCIS) outlines categories for Green Card Eligibility. Determining which category applies to the applicant is crucial as a first step in the preparation of I-130 and/or I-485 application process and for preparation of proper supporting documents.

Once determining the eligible category for your Green Card application, I-130 and with or without I-485, we can further provide step by step guidance in the preparation of your Green Card application and identification of relevant supporting documentation.

The primary Green Card eligibility category below includes family members and close relatives, and other family issue related eligibility for the family-based Green Card.

Green Card Eligibility For Family-based Green Card

Category of Eligibility	Applicant Criteria
Immediate Relative of a U.S. Citizen	Spouse of a current U.S. Citizen Unmarried Child (under the age of 21) of a current U.S. Citizen Parent of a current U.S. Citizen who is at least 21 years of age
Other Relative of a U.S. Citizen	Family member of a current U.S. Citizen: Married Son or Daughter of a current U.S. Citizen Brother or sister of a current U.S. Citizen who is at least 21 years of age
Other Relative of a Lawful Permanent Resident under Family-Based Preference Categories	Family member of Lawful Permanent Resident: Spouse of a Lawful Permanent Resident Unmarried Child (under the age of 21) of a lawful Permanent Resident Unmarried Son or Daughter of a Lawful Permanent Resident who is over the age of 21 years of age
Fiancé(e) of a U.S. Citizen or the Fiancé(e)’s Child	Person admitted to the United States as a fiancé(e) of a U.S. Citizen (K-1 Nonimmigrant) Person admitted to the United States as a child of a fiancé(e)of a U.S. Citizen (K-2 Nonimmigrant)
Widow(er) of a U.S. Citizen	Widow or Widower of a U.S. Citizen AND you were married to your U.S. Citizen Spouse at the time your Spouse died
Violence Against Women Act (VAWA) - Victim of Battery or Extreme Cruelty Self Petitioner	Abused Spouse of a U.S. Citizen or Lawful Permanent Resident Abused Child (unmarried and under 21 years of age) of a U.S. Citizen or Lawful Permanent Resident Abused Parent of a U.S. Citizen

Green Card applicants may also fall into the following Green Cards eligibility category through the employment or employment status.

Green Card Eligibility Through Employment

Category of Eligibility	Applicant Criteria
Immigrant Worker	Are a First Preference Immigrant Worker: Have extraordinary ability in the sciences, arts, education, business or athletics, OR Are an Outstanding Professor or Researcher, OR Are a Multinational Manager or Executive who meets certain criteria Are a Second Preference Immigrant Worker: Are a member of a profession that requires an advanced degree, OR Have exceptional ability in the sciences, arts, or business, OR Are seeking a National Interest Waiver Are a Third Preference Immigrant Worker: A Skilled Worker (Job requirement of minimum 2 years training or Work experience) OR A Professional (Job requirement of at least a U.S. Bachelor's Degree or foreign equivalent and you are member of the profession), OR An Unskilled Worker (Job performing unskilled labor requiring less than 2 years training or experience)
Physician National Interest Waiver	Physician who agrees to work Full-Time in a clinical practice in a designated underserved area for a set period of time and also meets other eligibility requirements
Immigrant Investor	Have invested or are actively in the process of investing at least $1 Million (or $500,000 in a targeted employment area) in a new commercial enterprise in the United States which will create Full-Time positions for at least 10 qualifying employees

Green Card Eligibility As Special Immigrant

Category of Eligibility	Applicant Criteria
Religious Worker	Are a member of a religious denomination coming to the United States to work for a Nonprofit Religious Organization
Special Immigrant Juvenile	Are a juvenile who needs the protection of a Juvenile Court because you have been abused, abandoned, or neglected by a Parent
Afghanistan or Iraq National	Were an Afghan or Iraqi translator or interpreter for the U.S. Government Were an Iraqi employed by or for the U.S. Government in Iraq on or after March 20, 2003, for at least One (1) Year; OR Were an Afghan employed by the International Security Assistance Force (ISAF)
International Broadcaster	Are coming to work in the U.S. as a Member of the Media for the U.S. Agency for Global Media (USAGM) or a USAGM Grantee
Employee of an International Organization or Family Member or NATO-6 Employee or Family Member	Are a Retired Officer or Employee of an eligible international organization or NATO, or are an eligible family member of such an employee

Specific criteria for Green Card applicants of Asylee and Refugee status are provided as below. Individuals who have physically resided in the United States for at least 1 year after receiving Asylee or Refugee status are eligible for application for Green Card. In certain cases, close family members or other family members may also be eligible under this category.

Green Card Eligibility Through Refugee or Asylee Status

Category of Eligibility	Applicant Criteria
Asylee	Were granted asylum status at least 1 year ago
Refugee	Were admitted as a refugee at least 1 year ago

Individuals with T Nonimmigrant Visa or U Nonimmigrant Visa may also apply for Green Card should they meet additional requirements outlined by the USCIS.

Green Card Eligibility for Human Trafficking and Crime Victims

Category of Eligibility	Applicant Criteria
Human Trafficking Victim	Currently have a T Nonimmigrant Visa Physically have lived in the United States for either (the shorter period): Continuous period of three (3) years since receiving a T Visa; OR Continuous period during the investigation and prosecution of the Human Trafficking case the U.S. Attorney General has determined is now complete Demonstrate good moral character since the granting of T Nonimmigrant Visa One of the following: Complied with the investigation or prosecution of acts of Human Trafficking; OR Demonstrate that removal from the United States would result in suffering extreme hardship involving unusual and severe harm; OR Applicant was under the age of 18 at the time of Human Trafficking
Crime Victim	Victim of qualifying criminal activity Sustained substantial physical or mental abuse as a victim of the qualifying criminal activity Be helpful to law enforcement in the investigation and prosecution of the crime Currently have a U Nonimmigrant Visa

Category of Eligibility

Applicant Criteria

Human Trafficking Victim

Currently have a T Nonimmigrant Visa
Physically have lived in the United States for either (the shorter period):
- Continuous period of three (3) years since receiving a T Visa; OR
- Continuous period during the investigation and prosecution of the Human Trafficking case the U.S. Attorney General has determined is now complete
Demonstrate good moral character since the granting of T Nonimmigrant Visa
One of the following:
- Complied with the investigation or prosecution of acts of Human Trafficking; OR
- Demonstrate that removal from the United States would result in suffering extreme hardship involving unusual and severe harm; OR
- Applicant was under the age of 18 at the time of Human Trafficking

Crime Victim

Victim of qualifying criminal activity
Sustained substantial physical or mental abuse as a victim of the qualifying criminal activity
Be helpful to law enforcement in the investigation and prosecution of the crime
Currently have a U Nonimmigrant Visa

*The information provided above are the eligibility categories provided by the United States Citizenship and Immigration Services (USCIS). Additional requirements and criteria must be met under each category. This is for information purposes only. Source: https://www.uscis.gov/green-card/green-card-eligibility-categories (last reviewed/updated 11/02/2020) Source: https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-a-victim-of-trafficking-t-nonimmigrant (last reviewed/updated 05/10/2018) Source: https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status (last reviewed/updated 06/12/2018)

Individuals who have been a victim of battery or extreme cruelty may also apply for Green Card should they meet additional requirements outlined by the USCIS.

Green Card Eligibility for Victims of Abuse

Category of Eligibility	Applicant Criteria
Violence Against Women Act (VAWA) - Victim of Battery or Extreme Cruelty Self Petitioner	The Abused Spouse of a U.S. Citizen or Lawful Permanent Resident The Abused Child (unmarried and under 21 years old) of a U.S. Citizen or Lawful Permanent Resident The Abused Parent of a U.S. Citizen
Special Immigrant Juvenile (SIJ)	Are a Child who has been abused, abandoned, or neglected by your Parent and you have SIJ status
An Abused (Victim of Battery or Extreme Cruelty) Spouse or Child under the Cuban Adjustment Act	The abused Spouse or Child of a Cuban native or citizen
An Abused (Victim of Battery or Extreme Cruelty) Spouse or Child under Haitian Refugee Immigrant Fairness Act (HRIFA)	The abused Spouse or Child of a Lawful Permanent Resident who received his or her Green Card based on HRIFA

The USCIS further outlines other categories for Green Card application eligibility.

Green Card Eligibility through Other Categories

Category of Eligibility	Applicant Criteria
Liberian Refugee Immigration Fairness (LRIF)	Are a Liberian National who has been continuously physically present in the United States since November 20, 2014, OR Are the Spouse, Child under age 21, or Unmarried Son or Daughter over the age of 21 of a qualifying Liberian National
Diversity Immigration Visa Program	Were selected for a diversity VISA in the Department of State’s diversity VISA lottery
Cuban Adjustment Act	Are a Cuban Native or Citizen, OR Are the Spouse or Child of a Cuban Native or Citizen
An Abused (Victim of Battery or Extreme Cruelty) Spouse or Child under the Cuban Adjustment Act	Are the abused Spouse or Child of a Cuban Native or Citizen
Dependent Status Under the Haitian Refugee Immigration Fairness Act (HRIFA)	Are the spouse or child of a Lawful Permanent Resident who received his or her Green Card based on the Haitian Refugee Immigration Fairness Act (HRIFA)
An abused (Victim of Battery or Extreme Cruelty) Spouse or Child under HRIFA	Are the abused Spouse or Child of a Lawful Permanent Resident who received his or her Green Card based on HRIFA
Lautenberg Parolee	Were paroled into the U.S. as a Lautenberg Parolee
Indochinese Parole Adjustment Act of 2000	Are a Native or Citizen of Vietnam, Kampuchea (Cambodia), or Laos who was paroled into the U.S. on or before October 1, 1997 from Vietnam under the Orderly Departure Program, a refugee camp in East Asia, or a displaced person camp administered by UNHCR in Thailand
American Indian born in Canada	Were born in Canada, possess at least 50% American Indian blood, and maintain your principal residence in the United States
Person born in the United States to a Foreign Diplomat	Were born in the United States to a foreign diplomatic officer who was stationed in the United States when you were born
Section 13 (Diplomat)	Were station in the United States as a foreign diplomat or high ranking official and are unable to return home

Residents that have continuously resided in the United States since January 1, 1972 are eligible for Green Card as long as they meet additional requirements of the USCIS.

Green Card Eligibility through Registry

Category of Eligibility	Applicant Criteria
Registry	You may be eligible to register for a Green Card if you have resided continuously in the U.S. since before January 1, 1972 Good Moral Character requirements No criminal acts or other actions that would deem applicant ineligible or inadmissible

These are general eligibility requirements that do not apply to everyone. If you cannot find your specific situation or are not sure whether you are eligible for applying for a Green Card, please contact Lawfully. We can guide you through the USCIS Green Card eligibility and provide additional guidance and information on every step of the Green Card application process that is tailored to your specific situation.