The 101 Series

What is a green card?

A green card gives an alien (foreign national) the right to permanently live and work in the U.S. The card itself is a government-issued identification (about the size of and resembles a driver’s license), that serves as proof of permanent resident status in the U.S. A green card holder, also known as a lawful permanent resident (LPR) may leave and re-enter the U.S. at any time and has the opportunity to become a U.S. citizen. Although referred to as “permanent,” a green card may be revoked if the holder breaks certain laws, does not maintain residence in the U.S., and travels outside the U.S. for an extended period of time.

What are the ways for an alien to obtain a green card?

There are a number of ways for an alien to obtain a green card. He/she may get a green card through: a) family-based petition; b) employment; c) investing in the U.S.; d) asylum; or e) lottery.

Family-based petition

1. Immediate Relative of an American Citizen

An American citizen may petition the following foreign national relatives to immigrate to the U.S:

• Husband or wife
• Unmarried child under 21 years of age
• Unmarried son or daughter over 21
• Married son or daughter of any age
• Brother or sister, if the sponsor is at least 21 years old, or
• Parent, if the sponsor is at least 21 years old.
  

2. Related to a Permanent Resident

A green card holder (LPR), may petition for the following relatives:

• Husband or wife, or
• Unmarried son or daughter of any age.

An alien who wish to immigrate to the U.S. as a relative of an American citizen or a permanent resident must obtain a visa number based on the preference category in which the applicant relative falls under. The immediate relatives of U.S. citizens, including parents, spouses, and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available. Once the visa petition filed for them is approved by USCIS, an immigrant visa number will become immediately available. However, the relatives in the other categories must wait for an immigrant visa number to become available according to the following preferences:

• 1st preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
• 2nd preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
• 3rd preference: Married sons and daughters of U.S. Citizens.
• 4th preference: Brothers and sisters of adult U.S. Citizens.

Employment-based petition

There are 5 categories for employment-based green card petition. For most of the categories, a sponsoring employer is needed to file a labor certification with the Department of Labor, certifying that no qualified U.S. workers are available and willing to do the job that the alien is intended to perform. In the petition (I-140), the employer needs to include proof of advertising the position, required skills of the job, prevailing wage for the particular job, and the employer’s ability to pay.

Some aliens may self-apply for a green card through employment, depending on the category. Priority dates are different between the 5 categories:

EB-1 Priority workers

• Aliens of extraordinary ability in the sciences, arts, education, business or athletics
• Aliens who are outstanding professors or researchers
• Aliens who are managers and executives subject to international transfer to the United States

EB-2 Professionals with advanced degrees or persons with exceptional ability

• Aliens of exceptional ability in the sciences, arts or business
• Aliens who are advanced degree professionals
• Qualified alien physicians who will practice medicine in an underserved area in the U.S.

EB-3 Skilled or professional workers

• Professionals with bachelor’s degrees (not qualifying for a higher preference category)
• Skilled workers (minimum two years training and experience)
• Unskilled workers

EB-4 Special Immigrants

• Religious workers
• Employees and former employees of the U.S. Government abroad

For green card applicants who are Philippine nationals, as of the June 2008 Visa Bulletin, all categories are “current” except for the third preference (skilled workers, professionals, and other workers). The third preference has a priority date of March 1, 2006, while other workers have a priority date of January 1, 2003.

Investment-based petition

The investment-based (EB-5) green card requires an investment in new commercial enterprise that would benefit the U.S. economy and create or expand an already existing business, with full-time employment for at least ten employees, excluding the investor-applicant, his/her relatives, and persons in nonimmigrant status. The capital investment must be $1,000,000 in high employment areas and $500,000 in targeted employment areas. The capital may consist of cash, equipment, inventory, other tangible property, and easily convertible cash equivalents.

Several investors may join together in creating or expanding a U.S. business and each may qualify for a green card through the single company. However, the individual investment of each person must still be for the minimum qualifying amount, and each investor must be separately responsible for the creation of 10 new jobs.

Asylum

Asylum is the legal protection granted to foreign nationals in the United States who are afraid to return to their home country. Asylum may be granted to people who are already in the United States and who are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion.

Asylum-seekers may apply for asylum in the United States regardless of their countries of origin. Prior legal status in the U.S. is not a requirement for application for asylum. Additionally, any alien in removal proceedings (deportation) may apply for withholding of removal as well as asylum. There are no quotas on the number of individuals who may be granted asylum each year (with the exception of individuals whose claims are based solely on persecution for resistance to coercive population control measures).

An asylee may apply for lawful permanent resident status (greencard) after having been physically present in the U.S. for a period of one year, following the date the asylum status was conferred.

Green Card Lottery

The Diversity Immigrant Visa Program, is an annual lottery for 50,000 permanent resident visas, randomly drawn from entries of persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. Filipinos are not eligible to join the lottery as the Philippines has sent more than 50,000 immigrants to the U.S. over the past 5 years.

Disclaimer: please call our office or email us to get the changes or updates notified, this is information purpose only.