Overview of U.S. Immigration Options

There are many ways to immigrate to the United States, but which options are suitable for us? What are the basic requirements for each path, and how should we select the best one? Today, we’ll provide an overview of the main U.S. green card application options and family reunification requirements.

1.     What is a “Green Card”?

A Green Card, officially known as the United States Permanent Resident Card, is used to prove that a foreigner has permanent resident status in the United States. Green card holders are granted the official right to live and work in the U.S. permanently, as long as they meet certain conditions. Failure to meet these conditions may result in the loss of permanent resident status.

2.     Main Green Card Application Options

There are several main paths to obtaining a green card in the United States, including:

1. Family-Based Green Cards: Obtained through U.S. citizens or permanent resident relatives.

2. Employment-Based Green Cards:    Granted through work and professional achievements.

3. Special Categories Green Cards: For individuals in special categories, such as outstanding talents or religious workers.

4. Refugee or Asylum Green Cards: For those seeking asylum or refuge.

5. Victim Green Cards: For victims of human trafficking or other crimes.

6. Abuse Victim Green Cards: For victims of domestic violence or abuse.

7. Diversity Visa Green Cards: Granted through the diversity visa lottery.

3.     Family-Based Immigration Green Cards

Family-based immigration green cards are primarily intended for family members of U.S. citizens and lawful permanent residents. They are divided into the following categories:

(1).  Immediate Relatives

• Spouse of a U.S. Citizen

• Unmarried Children Under 21 of a U.S. Citizen

• Parents of a U.S. Citizen Aged 21 or Older

(Note: Immediate relatives are not subject to numerical limits, meaning applications are processed more quickly.)

(2).  Preference Relatives

• Unmarried Adult Children of U.S. Citizens (First Preference)

• Spouse and Unmarried Children of Green Card Holders (Second Preference)

• Married Children of U.S. Citizens (Third Preference)

• Siblings of U.S. Citizens (Fourth Preference)

(Note: Preference relatives are subject to numerical limits and require waiting periods.)

(3).  Other Family Categories

• Fiancé(e) of a U.S. Citizen and Their Children (Includes K-1 and K-2 non-immigrant visas).

• Widow(er) of a U.S. Citizen (For spouses of U.S. citizens who were married at the time of the citizen’s death).

4.     Family Reunification Application Requirements

The requirements for family reunification vary depending on the relationship with the U.S. sponsor:

(2).  Spousal Immigration

• Spouse of a U.S. Citizen: Not subject to quota limits.

• Spouse of a Green Card Holder: Subject to quota limits and classified under the second preference category.

(2).  Child Immigration

• "Child" includes biological children, stepchildren (under 18), children born out of wedlock, and adopted children (legally adopted before age 16 and co-residing for at least two years).

• Unmarried Children: Under 21, no quota limits; over 21, falls under first preference.

• Married Children: Classified under the third preference if the petitioner is a U.S. citizen.

(3).  Sibling Immigration

●     U.S. Citizens Aged 21 or Older can apply for their siblings to immigrate. However, lawful permanent residents cannot apply for their siblings.

(4).  Accompanying Family Members

●     U.S. immigration law allows accompanying family members to join approved immigrants, ensuring families are not separated due to immigration.

5.     Important Considerations

1. Green card holders cannot petition for married children or parents until they become U.S. citizens.

2. The marital status of a child has a significant impact on immigration. For example, an unmarried child who marries during the application process may experience changes in preference category or even face application cancellation.

6.     Other Considerations

VAWA Self-Petitioners – Green Cards for Victims of Domestic Violence

• Abused Spouses of U.S. Citizens or Green Card Holders

• Unmarried Abused Children Under 21

• Abused Parents of U.S. Citizens

The above provides an overview of the main green card application paths and family-based immigration requirements. In the following articles, we will delve into each immigration category and process. Stay tuned for the next issue, where we will further explore U.S. immigration policies and application strategies.

*This article is reprinted and translated from the WeChat public account: "Carissa聊移民" ("Carissa Talks Immigration").