Immigration

Ways to get a green card!

There are several different basis (categories) under which a person can adjust their status to become a lawful permanent resident (green card holder) in the U.S. Some  categories include:

1. Overstaying your visa (Family-based adjustment)

Did you know that if you overstayed your visa (and are currently in the U.S), and are married to a U.S Citizen, your overstay period is forgiven. This means you qualify for a family based green card! This process is called concurrent filing, which means all applications need to be filed together.

Note: You must meet all other requirements for a green card as well.

2. Section 245(i)

Theres a section in immigration law that states, if you were the beneficiary(named) of a family based or employment petition (I-130 or I-140) on or before April 30, 2001, then you qualify for a green card regardless of how you entered the U.S, or even that person is no longer alive!

If you believe someone filed a petition for you on or before that time with immigration, YOU HAVE OPTIONS.

3. Green card based on different basis (section in the law)

• Employment-Based Adjustment – Sponsored by a U.S. employer or based on extraordinary abilities.

• Asylum or Refugee Status – Granted asylum or admitted as a refugee.

• Diversity Visa Lottery – Selected in the annual visa lottery.

• Special Immigrant Categories – Includes religious workers, juveniles, broadcasters, and other special cases.

• Victims of Crime or Abuse – Includes VAWA self-petitioners, T visa holders (trafficking victims), and U visa holders (crime victims).

• Registry – For individuals who have continuously lived in the U.S. since before January 1, 1972.

• Other Humanitarian Programs – Includes Temporary Protected Status (TPS) or other humanitarian relief pathways.

Eligiblity Categories

Getting a Green Card (lawful permanent residency) in the U.S. is based on several eligibility categories. Here are the main ways to obtain one:

1. Family-Based Green Card

• Immediate Relatives of U.S. Citizens: Spouses, unmarried children under 21, and parents of U.S. citizens.

• Family Preference Categories: Includes unmarried adult children, married children, and siblings of U.S. citizens, as well as spouses and children of Green Card holders.

2. Employment-Based Green Card

• EB-1: For priority workers like multinational executives, outstanding professors, researchers, and people with extraordinary abilities in sciences, arts, or business.

• EB-2: Professionals with advanced degrees or exceptional ability.

• EB-3: Skilled workers, professionals, and other workers.

• EB-4: Special immigrants (religious workers, certain employees of U.S. government abroad, etc.).

• EB-5: Investors who invest at least $800,000 (in targeted employment areas) or $1,050,000 in a business that creates at least 10 jobs.

3. Green Card Through Refugee or Asylee Status

• Refugees and asylees can apply for a Green Card after one year of being granted status.

4. Diversity Visa Lottery (DV Lottery)

• Each year, the U.S. grants up to 55,000 Green Cards through a lottery to applicants from countries with low immigration rates to the U.S.

5. Green Card Through Special Programs

• VAWA (Violence Against Women Act) for abused spouses/children/parents of U.S. citizens or Green Card holders.

• U Visa/T Visa for crime victims or trafficking victims.

• Cuban Adjustment Act for Cubans who have been in the U.S. for at least a year. 

• Special programs for Afghan and Iraqi nationals who worked with the U.S. government.

Cuban Adjustment Act

The Cuban Adjustment Act (CAA) is a U.S. law that was passed in 1966 to allow Cuban nationals who have been living in the United States for at least one year to apply for legal permanent residency (a Green Card). The purpose of the law was to provide a pathway to permanent residence for Cubans who fled communist rule in Cuba.

Key Points of the Cuban Adjustment Act:

1. Eligibility:
   To be eligible under the CAA, a Cuban national (or their immediate family members) must:

   • Be physically present in the U.S. for at least one year.

   • Be admissible to the U.S. (meaning they don’t have a criminal record or other disqualifying factors).

2. Path to a Green Card:
   After residing in the U.S. for one year, eligible individuals can apply for adjustment of status to become lawful permanent residents (Green Card holders). This process does not require a sponsor or an employer.

3. Family Members:
   Immediate family members of the Cuban national (spouse, children) can also benefit from this law, as long as the primary applicant is granted a Green Card.

4. Special Provisions:

   • Unlike other immigrants, Cubans do not have to go through the usual processes such as proving they are not likely to become a public charge or having a U.S. citizen sponsor.

   • If a Cuban is detained by U.S. authorities, they can still be granted parole and a pathway to legal status.

5. Cuban “Wet Foot, Dry Foot” Policy:
   This policy (which was ended in 2017) allowed Cubans who reached U.S. soil (“dry foot”) to remain and seek residency, while those intercepted at sea (“wet foot”) were generally sent back to Cuba. This policy was tied to the Cuban Adjustment Act and ended under the Obama administration.

Current Status:

While the Cuban Adjustment Act is still in place, some of its provisions, like the “wet foot, dry foot” policy, were rescinded. Nevertheless, the Cuban Adjustment Act remains a pathway for Cuban nationals in the U.S. to apply for permanent residency.