The short answer – it depends. Every year, millions of foreign nationals (the proper term for someone in the U.S. who is not a U.S. citizen, regardless of their status) apply for a green card. A green card is different than a visa because it allows a person to stay, work, live and study in the United States permanently. It is also the first step in bringing over family members and building a permanent future. After five years (or three years in some cases), that person can apply for citizenship and become a naturalized U.S. citizen.
But first thing is first – how does a foreign national obtain a green card. There are three major ways to obtain a green card, each with its own strict requirements. In most circumstances, a foreign national must be sponsored by a relative or employer, or ‘self’ sponsor his or her self. Below is a quick reference.
Green Card Through Family
Family-based immigration is the most common way to get a green card. A qualifying relative (U.S. citizen or Legal Permanent Resident) files a petition on behalf of a beneficiary (foreign national) in order for the beneficiary to get a green card. A qualifying relative may be a spouse, parent, child, grandparent, brother or sister. A U.S. citizen may also sponsor his or her fiancé. In most circumstances, family-based immigration is the easiest (but sometimes the longest) way to obtain a green card.
Green Card Through Employment
Employment-based immigration is a tedious process. Foreign nationals who are the best of the best in their fields can self-sponsor themselves for a green card. Otherwise, an employer must complete a two-step process for the employee: prove no current U.S. citizen or legal permanent resident is available to fill a position, and file a petition to sponsor an employee. There are very strict rules about employment-based immigration that must be followed. However, it is certainly possible to obtain a green card through a favorable employer.
Green Card Through Self-Sponsoring
Self-sponsoring is another way to obtain a green card. A foreign national who invests a certain amount of money in the U.S. can obtain a green card without an employer or family member. In addition, the law offers a number of humanitarian grounds for self-sponsoring, such as asylum (fear of returning to home country), juvenile immigrants (under 18 years old), cancellation of removal (must be in court and show hardship to qualifying relative) and domestic violence, trafficking and crime victims.
You May Be Eligible, But Are You Admissible?
In order to get a green card, a foreign national must be admissible – meaning eligible. Certain crimes can make a person inadmissible and unable to obtain permanent status. Even without a conviction, certain activities like alcoholism, drug use, terroristic behavior and falsely claiming to be a U.S. citizen can make a person inadmissible. In many cases, a foreign national qualifies for a green card, but cannot apply while in the United States. This is often the case when a foreign national crosses the border illegally or overstays his or her temporary visa. In these cases, a foreign national must go home and consular process. This is where complex dilemmas such as waivers, delays, time bars and family separation come in.
As an immigration attorney, I can write countless pages on how, where and why a foreign national could and should get a green card. If you are interested in obtaining a green card, contact me today!