How to Obtain a Green Card While Already Living in the United States: Legal Pathways, Challenges, and Answers to Common Questions
The Green Card, or Permanent Resident Card, is one of the most sought-after documents for immigrants wishing to live and work legally in the United States.
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For those already residing in the country, whether on a temporary visa or in an irregular status, there are several legal ways to obtain a Green Card.
This article will cover all available options, discuss the growth of immigration in the U.S., the challenges faced during the process, and answer the most common questions on the topic.
1. Legal Ways to Obtain a Green Card While Already Living in the United States
There are several ways to apply for a Green Card while in the United States. Below, we detail the main options:
1.1. Family-Based Green Card
One of the most common ways to obtain a Green Card is through a family member who is a U.S. citizen or permanent resident.
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Spouses, children, parents, and siblings of U.S. citizens may qualify, while spouses and unmarried children of permanent residents also have this option.
The process involves the filing of a petition (Form I-130) by the resident or citizen family member.
1.2. Employment-Based Green Card
Professionals with specific skills, qualified workers, and investors can obtain a Green Card through employment in the U.S. The most common work visa categories include:
- EB-1: For individuals with extraordinary abilities, outstanding professors or researchers, and multinational executives.
- EB-2: For professionals with advanced degrees or exceptional abilities.
- EB-3: For skilled workers, professionals with bachelor’s degrees, and other unskilled workers.
- EB-5: For investors who invest at least $800,000 in rural or high-unemployment areas and create at least 10 jobs.
1.3. Green Card Through Asylum or Refugee Status
Individuals who have suffered persecution in their home countries due to race, religion, nationality, political opinion, or membership in a particular social group may apply for asylum or refugee status.
1.4. Green Card Through the Diversity Visa Lottery (DV Lottery)
The Diversity Visa Lottery Program awards 50,000 Green Cards annually to individuals from countries with low rates of immigration to the U.S. Winners must meet educational or professional experience requirements.
1.5. Green Card for Crime Victims (U Visa)
Victims of violent crimes who cooperate with U.S. authorities may apply for a U visa. After three years with a U visa, they can apply for a Green Card.
1.6. Green Card for Abuse Victims (VAWA)
The Violence Against Women Act (VAWA) allows abused spouses, children, and parents of U.S. citizens or permanent residents to apply for a Green Card without the abuser’s knowledge.
1.7. Green Card for Long-Term Residents (Registry)
Individuals who have resided in the U.S. since before January 1, 1972, may qualify for a Green Card through the registry, even if they entered the country without documentation.
1.8. Green Card for Military Members and Their Families
Foreign military personnel serving in the U.S. Armed Forces and their families may have facilitated pathways to obtaining a Green Card.
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2. The Growth of Immigration in the U.S.
Immigration has been one of the pillars of population and economic growth in the United States. According to data from the Pew Research Center, immigrants represent about 14% of the U.S. population, totaling over 45 million people.
The cultural diversity and economic contributions of immigrants are undeniable, with many holding essential positions in sectors such as technology, healthcare, and agriculture.
In recent years, the number of Green Card applications has increased significantly, especially due to globalization and political and economic crises in various parts of the world.
However, the U.S. immigration system faces challenges, such as long waiting times and annual visa limits, which make the process difficult for many.
3. The Challenges of Obtaining a Green Card
Obtaining a Green Card can be a complex and time-consuming process. Some of the main challenges include:
3.1. Long Waiting Times
Depending on the Green Card category, waiting times can range from a few months to decades. For example, siblings of U.S. citizens from countries like Mexico or the Philippines may wait more than 20 years.
3.2. Strict Requirements
Each Green Card category has specific requirements that must be met, such as proof of extraordinary abilities, significant investments, or genuine family relationships.
3.3. High Costs
The Green Card application process involves government fees, attorney costs, and, in some cases, additional expenses such as translations and medical exams.
3.4. Changes in Immigration Policies
Immigration policies are subject to frequent changes, which can affect approval chances. For example, during the Trump administration, there was an increase in immigration restrictions.
3.5. Irregular Immigration Status
Individuals in irregular status may face additional challenges, such as the need to adjust their immigration status before applying for a Green Card.
4. Answers to Common Questions About the Green Card
4.1. Can I apply for a Green Card if I am undocumented in the U.S.?
Yes, in some cases. For example, if you are the spouse of a U.S. citizen, you may be eligible to adjust your status even if you are undocumented. However, it is essential to consult an immigration attorney to assess your situation.
4.2. How long does it take to get a Green Card?
The time varies depending on the category. It can take anywhere from a few months to several years, depending on demand and the country of origin.
4.3. Can I work while waiting for my Green Card?
Yes, in many cases. If you already have a work visa or apply for an Employment Authorization Document (EAD) during the process, you can work legally.
4.4. What happens if my application is denied?
You may have options to appeal the decision or reapply, depending on the reason for denial. Consulting an attorney is crucial in these cases.
4.5. Can I travel outside the U.S. during the process?
If you are already in the U.S. and applying for an adjustment of status, you will need an Advance Parole document to travel without abandoning your application.
4.6. Is the Green Card permanent?
Yes, but it must be renewed every 10 years. Additionally, you may lose your Green Card if you commit certain crimes or remain outside the U.S. for extended periods.
4.7. Can I become a U.S. citizen with a Green Card?
Yes, after five years of permanent residency (or three years if married to a U.S. citizen), you can apply for naturalization.
Conclusion
Obtaining a Green Card while already living in the United States is a complex but achievable process through various legal pathways.
Although the growth of immigration and bureaucratic challenges can pose difficulties, the dream of living legally in the U.S. remains an attainable goal for many.
With clear information and proper guidance, it is possible to navigate the immigration system and secure a stable future in the country.
If you are considering applying for a Green Card, it is highly recommended to seek legal advice to ensure all requirements are met and your process is as smooth as possible.
