Davis & Associates

What are the ways in which someone can become a permanent resident of the United States?

Federal immigration laws allow various ways for a noncitizen of the United States to become a permanent resident.  A person with permanent residency (a “green card”) is known as a Legal Permanent Resident (“LPR”) and has the right to live and work in the United States, and to travel in and out of the United States.

The pathways to permanent residency are listed below along with a brief explanation.  Please see the other articles on this website for more detail on any particular method of obtaining permanent residency

Certain Family Members of US Citizens and Legal Permanent Residents

If you are the spouse, parent, child, or sibling of a US citizen, or the spouse or unmarried child of a permanent resident, you may be able to become a permanent resident through your family member.  The citizen or permanent resident family member would have to file a petition on your behalf with US Citizenship and Immigration Services.  If that petition is approved, you may then be able to apply for an immigrant visa (a “green card”).

The amount of time between when the citizen or permanent resident files the petition and when the noncitizen family member actually obtains the immigrant visa can vary wildly – anywhere from 6 months to 20 years or more.  The wait time is determined by the immigration status of the petitioner (are they a citizen or a permanent resident?), the type of family member they are petitioning, and what country the family member is from.

Simply having an approved petition, or even multiple approved petitions, does not mean that the noncitizen will actually be able to obtain permanent residency.  USCIS must determine that the person qualifies for residency according to a number of factors, including the person’s health, immigration, and criminal histories.

Certain Employees, Workers, or Investors

People who have certain skills valuable to US employers can qualify for permanent residence.  There are various eligible categories such as those such as professors, researchers, athletes, entertainers, people with advanced degrees, religious workers, people willing to invest $1 million in a US company, and certain “special immigrants.”

Each different type of worker is prioritized in preference categories, much like with family-based visas.  Because of this, there can be a long wait time between the time the employment-based petition is filed and when the person can apply for permanent residency.

Because of the variety of ways that a person can qualify and the requirements that an employer must fulfill in order to petition for permanent residency for a noncitizen worker, an experienced immigration attorney should be consulted before beginning the process.

Self-Petitioning Immigrants

In some cases a person can file a visa petition for themselves.  Recently widowed spouses of US citizens can self-petition, so long as they were married for two years prior to the death of their spouse, apply within two years after the death of their spouse, and have not remarried.

The battered spouses, parents, and unmarried children under 21 of US citizens and the battered spouses and unmarried children under 21 of permanent residents can also self-petition.  In order to do so, the battered family member must submit evidence that they have suffered extreme cruelty at the hands of the citizen or permanent resident.  The petitions are subject to approval from USCIS.

Asylees and Refugees

Asylum can be sought by an individual inside the United States within one year of their arrival.  The person must prove that they have a well-founded fear of persecution in their native country based on their race, religion, nationality, political opinion, or membership in a particular social group.  Refugees are similar to asylum-seekers except that they apply for refugee status outside of the United States.  A person granted asylum or refugee status can apply for permanent residency after one year.

Diversity Lottery Winners

Fifty thousand immigrant visas are authorized every year for the lucky winners of the diversity lottery.  The winners are randomly selected by the Department of State and the lottery is open to people from countries with low rates of immigration to the United States.

People Who Qualify for Legalization, SAW, or NACARA

Legalization programs from the 1980s allowed millions of people to become permanent residents.  The application periods for the “amnesty” and Special Agricultural Worker programs of 1986 ended years ago.  However, subsequent class action litigation have allowed a narrow group of people to seek permanent residency through those programs even after they ended.

The Nicaraguan Adjustment and Central American Relief Act of 1997 provided immigration benefits for people from Nicaragua, Cuba, El Salvador, Guatemala, and certain Eastern European countries.  The application period for NACARA has ended.

People Who Qualify for Registry

Registry is a provision in immigration law which allows an undocumented person who has lived in the United States since January 1, 1972 to apply for permanent residency.  The person must be of good moral character and must otherwise qualify to receive permanent residency.  A person’s criminal, immigration, or medical history could disqualify them from becoming permanent residents – it is important to speak with an experienced attorney to be sure you qualify.

Congressional Private Bills

Permanent residency can be conveyed to an individual through an act of Congress via the introduction of a private bill, but this is extremely rare.  A member of Congress must sponsor the bill and introduce it.  The bill must voted on and passed just like any other law would be.  People who obtain residency through a private bill typically have compelling humanitarian factors in their cases and no other way to legalize their status.

People Who Successfully Defend Themselves in Immigration Court Against Deportation

A person who is in removal proceedings before an immigration judge and who has lived in the United States for at least 10 years, has good moral character, has not been convicted of certain crimes, and has a US citizen or permanent resident spouse or parent can stop their deportation if they can prove to the judge that if they are deported, their relative will suffer exceptional and extremely unusual hardship.  This is an extremely high standard and consequently few people can meet it.  However, if the judge does decide to cancel the deportation, she will also grant permanent residency to the noncitizen.