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The United States boasts a deep history of welcoming immigrants, making it a culturally diverse nation. Numerous individuals seek the chance to settle and work in the country permanently. Obtaining a green card in the USA without marriage is complex, lengthy, and expensive.
On the other hand, obtaining a green card in the USA through marriage to a US citizen or a green card holder is a simpler and more direct route. However, it is crucial to ensure that the marriage is genuine and not a fake one made only to obtain a green card. While marrying a US citizen or a green card holder is a popular way to immigrate, other avenues are available.
The main point is that there are numerous alternative routes to obtaining a green card in the USA, including employment, investment, refugee status, and more. Each route has specific requirements but offers the same benefits of living and working in the United States. This article aims to provide more information on these various paths.
Brief info on paths to a green card in the USA
In addition to obtaining a green card through marriage, there are various paths to get a green card in the USAÂ without tying the knot, such as through work, starting a business, individual skills, investments, family ties, or as a special immigrant. There are six different categories of green cards in the USA that do not necessitate marriage:
- Self-petition green card.
- Green card through work.
- Green card through investment.
- Green card for special immigrants.
- Green card from the Diversity Visa (DV) lottery.
- Green card for family members (not involving marriage).
For those who are not related by marriage, child, or parent to a US citizen, or are not a spouse, child, or parent of a US permanent resident (green card holder), options through family are either not available or involve waiting periods of several years.
Except for the Diversity Visa (DV) lottery, which is a lottery-based system and does not require a petition, all other green card applications are processed by the US Citizenship and Immigration Services (USCIS).
Self-petition green card
There are two main kinds of green cards in the USA, and you can apply independently without needing someone to sponsor you. These are:
- National Interest Waiver (EB-2). This is for people who have a Master’s degree or higher, a Bachelor’s degree and at least 5 years of experience in a high-level field like science, arts, or business and have an important project, nationally significant, and will help the US a lot by skipping the PERM labor certification step. If you are looking for an EB-2, you also need to prove you are really good at what you do and can make your project a success. You can get your EB-2 application processed faster by USCIS, getting a decision in just 45 days. To find out more, get in touch with one of our immigration lawyers.
- People with extraordinary ability (EB-1A). This is for the top professionals in their areas, whether from the US, their home country, or anywhere else. Even though it sounds like there are no limits to what you can do to qualify for an EB-1A green card in the USA, you still need to show a lot of proof that you are one of the best in your field. This includes many documents, like your resume, letters from your colleagues saying you are amazing, and other stuff to show you are in the top few percent. If you want to speed things up and get a decision in just 15 days, USCIS offers a premium processing option.
Green card through work
- EB-1B green card. This is for top-notch researchers and professors. It is for people who are known internationally for their game-changing work in a field, have at least 3 years under their belt in teaching or research, and are looking to get a green card in the USA so they can keep doing their thing at a top-tier university. If you are a researcher working for a private company, your boss needs to show they have got at least 3 full-time researchers and have some solid achievements in your area. A US company needs to file the EB-1B petition, but they don’t have to go through the PERM labor certification step. If you are in a hurry and want your case sorted out in 15 days, you can ask USCIS for premium processing.
- EB-1C green card. This is for folks who have been working abroad as managers or executives for at least a year in the last 3 years and are moving to the US to do the same thing for a US company that is part of their overseas employer. You need a job offer from a US company. The company has to have been around in the US for at least a year. If you are a smaller company, you can still qualify as long as you have got offices in the US and another country, and you are meeting all the other legal hoops. Business owners can also fit the bill. You can get your case sorted out in 45 days with USCIS.
- The EB-2 or EB-3 green cards in the USA. This is for people in professional, skilled, or unskilled jobs in US companies. To get this green card in the USA, a PERM Labor Certification is needed. To get this green card in the USA, applicants must have a job offer and meet other requirements. It is not for the self-employed or business owners.
Green card through investment
- EB-5 green card. If you invest at least $1,050,000 in a business or a US business location in a city or area with low joblessness, or $800,000 in a business or location in a Targeted Employment Area (TEA), you can get a green card in the USA through an EB-5 investment.
You need to show that your investment will either start or keep at least 10 new jobs for people living in the US or permanent residents. You also have to prove you have enough money and aren’t doing anything illegal. You can even use loans as part of your investment. If you get a green card in the USA through an EB-5 investment, your kids under 21 who aren’t married can get one, too.
You can also use investments made while you have an E-2 visa, L-1 visa (for Canada), E-1 visa, or other temporary visas towards getting a green card in the USA. To find out more about the EB-5 green cards in the USA and other options for investing to get a green card, reach out to our immigration lawyers to set up a meeting.
Green cards for special immigrants
If you are looking to get a green card in the USA but don’t fit into the usual groups, don’t stress. There are other options out there that could be perfect for you. For example, if you are a religious worker coming to the USÂ to work for a charity, you can apply for a green card in the USA.
Also, if you are in the international media, like a journalist or broadcaster, you might fit into the I-Visa category. These other options also cover people who have worked for the US government overseas, like folks from Afghanistan or Iraq. If you work for an international group or NATO, you could also get a green card in the USA. Here is a quick look at who could qualify:
- Religious workers with non-profit groups.
- International media folks, like journalists and broadcasters.
- Workers for international groups or NATO.
- Special Immigrant Juveniles who the court protects.
- People from Afghanistan or Iraq who have worked for the US government.
Green card from DV lottery
The diversity program offers up to 55,000 spots yearly for immigrants from countries where few people want to move to the US. This chance to win is based on luck, so your odds might not be great. If you do win, you will have to go through many steps that could take years before you get your green card in the USA.
You must also have the right education and job skills for the program. But even with all that, it is still a good choice, especially if you don’t fit into any other visa categories. Every year, lots of people from the USÂ who are already here use this chance to switch from being a visitor to a permanent resident.
Even people from outside the US can use the diversity lottery to get their green card in the USA.
Green card for family members (not involving marriage)
People can also get a green card if they’re related to someone already living in the U.S. Here are some situations where you might be able to get a green card through family:
- If you are a kid under 21 and your mom or dad is a US citizen.
- If you are a kid or an adult kid of a US citizen, whether you are married or not.
- If a US citizen adopted you.
- If you are a brother or sister of a US citizen.
- If you are a stepchild of a US citizen and your stepmom or stepdad got married before you turned 18.
- If you are the parent of a US citizen who is 21 or older.
- If you are a kid under 21 and your mom or dad is a permanent resident.
- If you are an adult kid of a permanent resident.
Just remember, getting a green card in the USAÂ through family can take a long time, sometimes even up to 15 years.
Other options
Green card for victims of crimes (U-visas).
If you have been through a tough time because of a crime, the U-visa is a way to get a green card in the USA without having to get married. It is made for people who have been through a lot of mental or physical harm and need to work with the police. It could even lead to getting permanent residency in three years. To be eligible, you need to meet a few things:
- You were hurt by a crime that counts.
- You know something about the crime.
- You have helped out, are helping out, or could help the police.
- The crime happened in the US or broke US laws.
Getting a U-visa is a complicated process that involves getting police approval, filling out the right paperwork, and maybe even getting help from an immigration lawyer. It is worth mentioning that only a certain number of U-visas are given out each year, so it is a good idea to get some advice to help you through this tricky journey.
Get help!
For people from other countries, getting a green card in the USA without being married can be tricky. Immigration officers also take a closer look at getting a work visa or other types of visas to move to the US. Gehi and Associates have a team of immigration lawyers who have helped many people get their green cards in the USA without marriage.
If you are trying to get a work visa or a special green card in the USA and want outstanding legal help, you should set up a meeting with one of our immigration lawyers right away!
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Our law offices in NY offers free consultations, both virtual and in-person, for all legal and immigration matters. To schedule one, please contact us today!