For those dreaming of a life filled with new opportunities, where you can build a promising career, offer a better future for your family, and experience the vibrant culture of the United States, the Green Card is the key to unlocking these doors.
The most common paths to obtaining a Green Card are through marriage or family ties with American citizens or employment in the country. But they are not the only ones.
Obtaining a Green Card involves various stages and requirements, but it is not as distant as many say it is. With D4U Immigration by your side, your journey towards permanent residency in the USA becomes easy and secure.
Check out everything you need to know about the possible paths to obtaining a Green Card in this Complete Guide from D4U Immigration and take a step forward to fulfill your dream of living in the United States.
Green Card
To obtain the Green Card, the first step is to understand which immigration category you fall into: family, professional, special immigrant, refugee or asylee status, among others.
Each of these application categories has stages for the permanent immigration visa, each with specific criteria and requirements, as well as the different types of immigrant visas and immigration forms associated with each.
In other words, the different categories that can lead you to the American Green Card serve to classify the possible paths, each with its own requirements and procedures.
The main categories and visas that lead to the Green Card are:
- Green Card through Family
- Green Card through Marriage
- Green Card based on Employment
- Green Card based on Investment (EB-5)
To clarify each of them, D4U Immigration provides below everything you need to know about the Green Card categories, as well as the types of American visas that apply to each specific scenario.
1. Green Card through Family
The Green Card based on Family is granted to foreigners who have family ties with American citizens or legal permanent residents.
Family-based immigration is one of the most common ways for foreigners to obtain permanent residency in the United States and reunite with their family members who are already American citizens or permanent residents.
Eligible relatives include:
- Spouses of American citizens
- Unmarried children under 21 of American citizens
- Parents of American citizens
- Unmarried siblings of American citizens
- Married siblings of American citizens: The F4 category*
*Married siblings of American citizens may be eligible for the Green Card, but they generally fall into a different category with longer waiting times compared to unmarried siblings.
This category is known as Fourth Preference (F-4 visa), and is intended for brothers and sisters along with their minor children.
Check out our exclusive content on Consular Process for the Green Card here.
Types of Visa for Green Card through Family
The types of visa that apply to the Green Card based on family are:
- IR-2 Visa: For unmarried children of an American citizen who have not yet turned 21.
- IR-3 Visa: For children adopted abroad by an American citizen.
- F2A Visa: For spouses and unmarried children of legal permanent residents (i.e., who already have the Green Card).
- F2B Visa: For unmarried adult children (over 21 years old) of legal permanent residents of the United States.
- F4 Visa: For siblings (unmarried or married) and married children of American citizens.
The information provided is for informational purposes and does not replace consulting with an immigration advisory with specialized professionals.
Each case is unique, and immigration specialists can provide personalized guidance, ensuring greater practicality and accuracy in your journey to the Green Card.
2. Green Card through Marriage
The Green Card through Marriage is part of the Green Card category based on Family and is granted to foreigners who marry an American citizen, guaranteeing the residence visa and practically the same rights as an American citizen in the USA.
Important: For the application and approval of the Green Card through marriage, the marriage must be legitimate and not just for immigration purposes.
Being one of the most requested applications, we detail some of the main issues about how to obtain a Green Card through marriage.
Place of marriage
The Green Card through marriage is based on two scenarios:
- Marriage in the United States
- Marriage outside the United States
K-1 Visa
In the case of marriage in the United States, the applicable visa is the K-1 Visa (Fiancé).
If you are planning to marry an American citizen in the United States, you can apply for the K-1 visa. With this visa, you can travel to the United States to marry your partner within a 90-day period.
After the marriage, you can apply for adjustment of status to obtain the Green Card.
Adjustment of Status
If you are already in the United States with another type of visa and have married an American citizen, you can apply for adjustment of status directly to obtain the Green Card.
Petition I-130
In the case of Green Card for marriage outside the United States, it is necessary to submit the I-130 petition.
In other words, if you are married to an American citizen and living in your home country, your spouse can submit the I-130 petition for you. After approval, you can apply for the Green Card.
Conditional Green Card
There is also the Conditional Green Card, which applies to:
- Marriages of less than 2 years: If you have been married to an American citizen for less than two years at the time of obtaining the Green Card, you will receive a conditional Green Card. This means the Green Card will be valid for two years.
- Removal of condition: After two years, you will need to apply for the removal of the condition to obtain a 10-year Green Card. For this, you and your spouse need to prove that the marriage is genuine and that you are still together.
Influencing factors
The main factors influencing the obtaining of the Green Card through marriage are:
- Duration of marriage: Long-term marriages are generally seen as more solid and can facilitate obtaining.
- Documentation: It is essential to present all necessary documents to prove the authenticity of the marriage and the relationship between the spouses.
- Immigration history: Your immigration history, including previous trips to the United States and other visa applications, may be analyzed.
- Interview: You and your spouse may be called for an interview at the consulate or at a USCIS office.
Check out the content on: Interview for the Green Card
3. Green Card Based on Employment
The Green Card based on Employment is granted to foreigners who have a job offer in the United States and meet the specific requirements of each job category.
Eligible for the Green Card based on employment are:
- Specialized workers: Professionals with special skills in high-demand areas can obtain the Green Card through a petition by an employer in the United States.
- Investors: Individuals who invest a significant amount in a business in the United States may qualify for the Green Card.
- Religious workers: Members of religious congregations may also be eligible.
Types of Visa for Green Card through Employment
The categories of American visa for the Green Card based on employment are:
- EB-1 Visa: Professionals with extraordinary abilities, internationally renowned researchers, athletes and multinational executives.
- EB-2 Visa: For professionals with a master’s or doctorate degree or equivalent experience in a field of expertise.
- EB-3 Visa: For skilled workers, professionals with a university degree, and unskilled workers.
- EB-4 Visa: For religious and special government employees.
- EB-5 Visa: For investors who create jobs in the United States.
Check out the content on: How to work in the USA: check out the complete step-by-step
4. Green Card through Investment (EB-5 Program)
The Green Card through Investment (EB-5 Program) allows foreigners to obtain permanent residency in the United States through a significant investment in a business in American territory that generates jobs.
The EB-5 program is popular among entrepreneurs and investors who wish to expand their businesses to the United States, as it offers a fast and efficient pathway to obtaining permanent residency in the United States through a significant investment in the American economy.
By investing in a government-approved enterprise, the investor and their family can qualify for a Green Card.
This type of immigration not only allows you to live and work in the United States but also contributes to the country’s economic growth.
The minimum investment amount can vary, but it is generally $800,000 for projects located in high-unemployment or rural areas (known as “Targeted Employment Areas” or TEAs). Outside of TEAs, the minimum amount is $1,050,000.
With D4U Immigration, you have access to a diverse portfolio of investment projects and receive support from immigration experts to guide you throughout the journey, from choosing the investment to obtaining your Green Card.
5. Precautions to take when you have a Green Card
The Green Card based on Returning Resident is a specific category that applies to individuals who already have a Green Card (permanent residency card in the United States) and wish to return to the country after a period of absence.
Imagine the following situation: you have a Green Card but need to travel to your home country for an extended period. Upon returning to the United States, you may encounter some situations:
- Loss of Green Card: If you are absent from the United States for more than one year, it may be considered that you have abandoned your permanent residency. In this case, you may lose your Green Card.
- Difficulties re-entering: Even with the Green Card in hand, you may face difficulties re-entering the United States, especially if you have been absent for a long period.
To avoid these problems, there are two main options:
- Reentry Permit: If you plan to be absent from the United States for up to two years, you can apply for a Reentry Permit. This document proves your intention to return and allows you to return to the United States without major issues.
- Returning Resident Visa: If you are absent for more than one year and wish to return, you can apply for a Returning Resident Visa. This visa proves that you maintain your permanent resident status and allows you to return to the United States as a permanent resident.
Basically, the Returning Resident Visa is intended for those who already have a Green Card but will be absent from the United States for more than one year and wish to maintain their permanent resident status.
Paths to Obtain the Green Card: How to get the Green Card as a Brazilian
In general, the path to obtaining the Green Card as a Brazilian involves the following steps:
- Identify the category: Determine which Green Card category applies to your situation.
- Gather documentation: Prepare all necessary documents, such as birth certificates, proof of income, work history, etc.
- Fill out the forms: Complete the specific immigration forms for your category.
- Pay the fees: Pay the processing fees.
- Schedule the interview: Schedule a biometric interview and possibly an interview with an immigration officer.
Wait for the decision: Approval depends on various factors that may vary for each individual on the journey. Waiting for the approval decision can take days or months. At D4U, we have cases of approvals in as little as 14 days.
Important Considerations
- Immigration Consultancy: It is highly recommended to hire a specialized immigration expert to assist throughout the journey, as immigration laws are complex and subject to change.
- Processing time: Processing time can vary significantly depending on the category, service center, and case complexity.
- Specific requirements: Each Green Card category has specific requirements that must be met.
- Changes in laws: Immigration laws in the United States are constantly changing, so it is important to stay updated on the latest regulations.
Important: The information provided in this guide is general in nature and does not constitute legal advice. For accurate information about your specific case, consult our immigration specialists.
Forms for the Green Card
The forms to apply for the Green Card are essential to start the immigration journey to the United States.
Each step requires the completion of specific forms, which must be submitted to the United States Citizenship and Immigration Services (USCIS).
The complexity and number of forms vary according to the immigrant category and your particular situation.
The most common forms during the Green Card process are:
Form I-485 (Application to Register Permanent Residence or Adjust Status)
The main form to apply for the Green Card, used by those who are already in the United States and wish to adjust their status to permanent resident.
Form I-130 (Petition for Alien Relative)
Used by a U.S. citizen or legal permanent resident to sponsor a foreign relative to obtain the Green Card.
Form I-140 (Immigrant Petition for Alien Worker)
Used by an employer to sponsor a foreign worker to obtain the Green Card.
Form I-526 (Immigrant Petition by Investor)
Used to apply for the Green Card through a significant investment in the United States.
Form DS-260 (Immigrant Visa Application Form)
Filled out online, this form is used to apply for an immigrant visa at a U.S. consulate abroad.
Form I-601 (Application for Waiver of Grounds of Inadmissibility)
Used by those who may be considered inadmissible to the United States for certain reasons (such as a criminal conviction) but who are requesting a waiver.
Form I-765 (Employment Authorization)
Used to apply for work authorization while the status adjustment is in progress.
Form I-131 (Application for Travel Document)
Used to apply for a travel document (advance parole) while the status adjustment is in progress.
What Type of Visa is Ideal for You?
The choice of visa to obtain the Green Card depends on your individual situation and goals. It is essential to carefully analyze the requirements of each category and seek guidance from an immigration specialist to determine the best option for you.
