The United States is one of the most attractive countries for immigrants, including many Vietnamese citizens.
However, to legally immigrate to the U.S. and enjoy excellent social benefits, advanced education for your children, and a free and equal living environment, you need a U.S. green card.
So, how can you obtain a U.S. green card? Many people are interested in this question. In the following article, ImmiPath will reveal the answers. Do not miss it!
1. How Can You Get a U.S. Green Card? The Fastest Ways to Obtain a Green Card
A U.S. Green Card, also known as a Permanent Resident Card, allows foreign nationals to live and settle in the United States and enjoy certain rights.
There are two types of U.S. Green Cards: the 2-year Green Card and the 10-year Green Card.
Currently, the U.S. Green Card is divided into two types: the 2-year Green Card and the 10-year Green Card. The 2-year Green Card is a conditional residence card applicable in cases such as marriages under 2 years or EB5 economic cases.
To convert a 2-year Green Card to a 10-year Green Card, you need to file Form I-751 within 90 days before the expiration of your 2-year card.
So, how can you obtain a U.S. Green Card? ImmiPath reveals some ways to get this golden ticket to legal residency in the U.S.:
1.1 Obtaining a U.S. Green Card Through Family Sponsorship
If you have relatives in the U.S. through a spouse, children, siblings, or parents who are U.S. citizens or Green Card holders, they can sponsor you.
The procedures, documentation, and waiting times vary depending on the type of family sponsorship. You can seek more detailed advice on these categories from ImmiPath.
1.2 Green Card Issued Through Employment-Based Categories
If you do not have relatives in the U.S. and are unsure how to obtain a U.S. Green Card, you might consider the employment-based category. Your employer will sponsor you, and with an employment-sponsored Green Card, you will be bound to that employer and committed to working for them until your contract expires.
Only after completing the sponsorship conditions can you seek employment with a different employer.
Those who wish to apply for a Green Card through employment must choose from one of the five categories:
Visa Type | Eligibility |
EB-1A | Extraordinary ability |
EB-1B | Outstanding professors and researchers, executives and managers |
EB-2 | Advanced degree or exceptional ability |
EB-3 | Skilled workers, unskilled workers, professionals |
Many who do not have a U.S. sponsor often choose the EB3 employment-based category for unskilled workers. Compared to other immigration pathways, the EB3 category is preferred by many because it has simpler requirements, such as no need for qualifications, experience, or English language skills.
1.3 Applying for a Green Card Through EB5 Investment
Investing in the U.S. economy is another way to obtain a U.S. Green Card. The minimum investment amount is $800,000 in rural or economically disadvantaged areas. In other cases, $1,050,000 is required.
The EB5 Green Card is a conditional 2-year residence card. The EB-5 visa issued is equivalent to a Green Card that is under a probationary period.
After 2 years (if all requirements are met), the residency status will be adjusted upon application, and the investor will become a legal permanent resident.
1.4 U.S. Green Card Lottery
If you are unsure how to obtain a U.S. Green Card, you might consider participating in the U.S. Green Card Lottery. Each year, the United States organizes a lottery for citizens of countries with low immigration rates to the U.S.
The Green Card Lottery program was established by the Immigration Act of 1996, and it offers 50,000 Green Cards annually through this method. The lottery registration period usually starts in October and ends in early November.
1.5 Applying for a Green Card Through Humanitarian Programs
You can also apply for a U.S. Green Card through humanitarian programs, such as asylum, human trafficking, or criminal situations.
a. For Asylum Seekers
If your home country is experiencing turmoil, war, ethnic or religious conflict, or political persecution, you can apply for a visa from abroad as an asylum seeker or from within the U.S. (staying as an asylum seeker).
After residing in the U.S. for at least one year from the date you receive asylum status, you can apply for a Green Card.
Your children, spouse, and other family members can seek protection in the U.S. under these programs and eventually apply for a Green Card.
b. For Human Trafficking Victims
If you are a victim of human trafficking living in the U.S., whether legally or illegally (i.e., without documentation), you can apply for a T visa to stay in the U.S. for up to four years.
However, as a condition of the T visa, you must assist in the investigation and prosecution of the traffickers (except if you are under 18, in which case you are not required to assist).
To qualify for a Green Card, the applicant must have lived in the U.S. for one of the following periods, whichever is shorter:
- Three years from the date of receiving the T visa
- The duration of the investigation and prosecution of the human trafficking crime
You must also demonstrate “good moral character” (meaning no criminal activities such as fraud, prostitution, or murder) from the time you receive the T visa until your Green Card is approved.
In some cases, you must prove to the U.S. government that you would face extreme hardship and severe damage if required to leave the U.S. (USCIS provides a full list of eligibility criteria.)
Some family members may also be eligible to apply for their own Green Cards, provided that both the family members and the victim meet all the requirements.
c. For Crime Victims
Victims of “significant physical or mental abuse” living in the U.S. – whether legally or illegally (i.e., without documentation) – can seek protection by applying for a U visa.
To obtain a U visa, the victim’s application must be certified by a law enforcement agency. Similar to T visa recipients, U visa applicants must agree to assist in the investigation and prosecution of certain crimes, such as kidnapping, sexual assault, and torture.
To qualify for a Green Card, U visa applicants must meet additional eligibility requirements, including:
- Living in the U.S. for at least three years from the date of receiving the U visa
- Not leaving the U.S. from the time of applying for a Green Card until USCIS approves (or denies) the application
- Not refusing to assist in the investigation or prosecution of certain crimes from the time you receive the U visa until USCIS approves (or denies) your Green Card application
- Your children, parents, siblings, and spouse may also be eligible to apply for their own Green Cards, provided both the family members and the victim meet all the requirements
d. For Abuse Victims
Victims of domestic violence (physical abuse or extreme cruelty) can apply for a Green Card through the Violence Against Women Act (VAWA).
Although this law was created to benefit women, it applies to both women and men, as well as parents and children who are victims of abuse.
Abuse victims can self-petition for a Green Card – even if their abuser is unaware or not permitted to know, including:
- A current or former spouse who is a U.S. citizen or Green Card holder
- A parent who is a U.S. citizen or Green Card holder
- A child who is a U.S. citizen
USCIS will not notify the abuser about the application to protect the victim’s safety. (Complete eligibility requirements are detailed on the USCIS website.)
2. What Steps Are Included in the Process of Obtaining a U.S. Green Card?
After you have explored the various types of U.S. immigrant visas, understood how to obtain a Green Card, reviewed the requirements, and decided which category you can apply for, you must begin the application process for a Green Card. This process typically takes from 7 to 33 months to complete.
For most Green Card applications, you need to follow several steps:
2.1 Obtain a Sponsor
Your sponsor must file a petition on your behalf, which can be a family member or an employer.
For family-sponsored Green Cards, the petition form is I-130 (Petition for Alien Relative). For employment-based Green Cards, the petition form is I-140 (Immigrant Petition for Alien Worker).
The sponsorship petition must be filed with the U.S. Citizenship and Immigration Services (USCIS) and the Green Card application fee must be paid.
2.2 Receive the NVC Document Packet
If your petition is approved, the NVC will send you a document packet. USCIS will review your petition and decide if you are eligible.
If your petition is approved, your documents will be transferred to the National Visa Center (NVC), which will then send you a document packet to your country of residence.
This packet will contain all the instructions and forms you need to complete your application. The NVC will not send this packet until your priority date becomes current.
2.3 Apply for a Visa at the U.S. Embassy
You must apply for a visa at the U.S. Embassy – following the instructions from the NVC packet, you will pay all necessary application fees and submit your application at the U.S. Embassy in your country of residence. You will submit supporting documents and attend a visa interview.
2.4 Move to the U.S.
Once you have completed all the steps and your visa is approved, you will purchase a flight to the U.S. The U.S. Embassy will provide you with a document packet that you cannot open.
Only U.S. Customs and Border Protection officers at the port of entry are allowed to open this packet and decide whether you are permitted to enter the U.S.
Remember, even with a visa, there is no guarantee of entry into the U.S. Immigration officers at any U.S. port of entry have the authority to make this decision.
Upon arrival in the U.S., you must file Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS. This form will help you obtain your Green Card. After USCIS processes your application, typically within one to four weeks, you will receive your Green Card by mail.
See More: How to Renew Your U.S. Green Card Quickly and Cost-Effectively
3. Some Frequently Asked Questions About How to Obtain a U.S. Green Card
3.1. Are there a limited number of Green Cards available?
There is a limited number of Green Cards, but each Green Card is only for one individual. As mentioned, once you receive a Green Card, you are not given priority to sponsor others.
Green Card renewal for a spouse or children born outside the U.S. is not permitted, and the Green Card cannot be transferred.
3.2. Can I work while waiting for my Green Card?
If you have a work permit, you can work in the U.S. while your Green Card application is pending. If you do not have a valid work visa, you must apply for a work permit by filing Form I-765 to work while waiting for your Green Card.
In either case, it is generally recommended to seek legal counsel to help navigate the immigration court procedures smoothly. There, you can extend your application with your lawyer through an immigration judge.
3.3. What does a Green Card look like?
The distinctive color of the Green Card is green. The front of the Green Card displays personal information, including the name, surname, country of birth, date of birth, gender, expiration date, USCIS number, category, date of entry as a permanent resident, fingerprint, the cardholder’s photo, and a 3D hologram.
The back of the Green Card features an optical stripe that government agencies can quickly scan to retrieve all relevant card information.
3.4. How long after marriage can I apply for a Green Card?
A marriage-based Green Card can take anywhere from 10 to 38 months to process, depending on whether your spouse is a U.S. citizen or a Green Card holder and where you currently live.
3.5. How can I check the status of my Green Card?
For applications submitted within the U.S.:
- Find your receipt number – This is a 13-character number on Form I-797C. You will receive a copy by mail after USCIS receives your application.
- Visit the USCIS online case status tracker.
- Enter your receipt number and click “Check Status.”
For applications submitted from outside the U.S.:
- Find your immigrant visa case number – This will be three letters followed by ten numbers on the notification letter or email you received from the NVC.
- Visit the NVC Consular Electronic Application Center (CEAC).
- Click “Check My Visa Application Status.”
- In the immigrant visa application section, select “IV.”
4. So, What is the Easiest Way to Get a Green Card?
Since obtaining a Green Card can be a complex legal process, it is advisable to seek assistance from an experienced immigration center to help you complete all necessary paperwork accurately and avoid any errors in your application.
An immigration center will ensure that you meet all deadlines and prepare you for interviews. Having a lawyer by your side from start to finish can provide the support you need to achieve your American dream.
If you have any questions related to how to apply for a Green Card or how to obtain a Green Card easily, please leave a comment under the post with your email or phone number. The experienced team at ImmiPath will be happy to provide you with advice and support.
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