Overview Of U.S. Green Cards
Information on the types of U.S. Lawful Permanent Resident (green card) applications our office provides services on.
Family-Based Green Cards
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Close family members of U.S. citizens may obtain Lawful Permanent Residence (Green Card) based on the following Immediate Relative categories:
Spouse of a U.S. citizen
Unmarried children (under the age of 21) of a U.S. citizen
The parent of a U.S. citizen who is at least 21 years old
Individuals under TN visa status may obtain a Green Card based on the above
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Other family members may obtain Lawful Permanent Residence (Green Card) under the Family Preference categories:
F1 - Unmarried Sons and Daughters of U.S. Citizens
F2A - Spouses and Children of Permanent Residents
F2B - Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
F3 - Married Sons and Daughters of U.S. Citizens
FB - Brothers and Sisters of Adult U.S. Citizens
Individuals under TN visa status may obtain a Green Card based on the above
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Individuals who obtain lawful permanent resident status based on a marriage to a U.S. citizen that is less than twenty-four (24) months old receive their lawful permanent resident status on a conditional basis.
In order to remove this conditional basis, the green card holder and his/her U.S. citizen spouse must jointly file an I-751 petition requesting removal of the conditional basis.
Employment-Based Green Cards
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Individuals generally require an employer to sponsor them for a Green Card
The process also usually requires the employer to test the labor market to ensure no qualified U.S. workers are available
One exception is under the EB-1A green card category for those who can prove they possess extraordinary ability in the sciences, arts, education, business, or athletics
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Another employment-based Green Card category that does not require an employer sponsor or labor market test is the EB-2 NIW.
To qualify for a National Interest Waiver, an individual must prove that:
Their proposed endeavor has both substantial merit and national importance.
They are well positioned to advance the proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of a job offer, and labor market test.
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Another Green Card category, while still requiring an employer sponsor, that does not require a labor market test is the Schedule A EB-2 or EB-3 category.
The Group I category is available for Physical Therapists and Professional Nurses.
The employer is required to pay a prevailing wage and provide notice of the application filing.