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How to Obtain a Green Card in the USA Without Getting Married: Key Methods and Requirements

HOW TO GET GREEN CARD

Many people who want to live and work in the US permanently dream of getting a Green Card. Getting married to a U.S. citizen is a common way to get a Green Card, but it’s not the only one. There are a number of other legal ways for people to get permanent residency in the US without getting married. In this blog, we’ll talk about how to get a Green Card in the US without getting married. We’ll focus on other ways to do this, like getting a job-based visa, getting family-based sponsorship (not through marriage), or applying for asylum.

WeCanLegal offers Family Legal Services and expert advice to help people deal with difficult legal problems, such as immigration law and applying for a Green Card. Let’s look at some other ways to get a Green Card in the US without getting married.

1. Employment-Based Green Cards

Getting a Green Card through work is one of the most common ways to do it without getting married. If they meet certain requirements, U.S. employers can sponsor foreign workers for permanent residency. There are different types of Green Cards for people who work, such as:

  • EB-1 Visa (Priority Workers):For people who are very good at the arts, sciences, education, business, or sports. This group also includes excellent professors and researchers, as well as managers and executives from different countries.
  • EB-2 Visa (Professionals with Advanced Degrees or Exceptional Abilities):For people who have a master’s degree or higher or who are very good at what they do.
  • EB-3 Visa (Skilled Workers, Professionals, and Other Workers):For skilled workers with at least two years of experience, people with a bachelor’s degree, and people who don’t have any skills.

Key Steps in Employment-Based Green Card Process:

  • Employer Sponsorship: Get a job with a company that will help you get a Green Card.
  • Labor Certification: If you have a certain type of visa, you might have to go through the labor certification process to show that there are no qualified U.S. workers available for the job.
  • Form I-140 Petition:To start the process, your boss will fill out a Form I-140.
  • Adjustment of Status (Form I-485):You can apply for adjustment of status to get your Green Card if you are already in the U.S.

You can apply for a Green Card through your employer’s sponsorship if you meet any of these requirements. To get a Green Card, you have to file a petition with the U.S. Citizenship and Immigration Services (USCIS) and follow the steps they give you.

2. Family-Based Green Cards (Other than Marriage)

  • Getting a Green Card by marrying a U.S. citizen or permanent resident is one way to do it, but there are other family-based options as well. People who are U.S. citizens or have a Green Card can sponsor other family members, such as:
  • Children: Permanent residents and U.S. citizens can both sponsor their unmarried children who are under 21.
  • Parents: People who are U.S. citizens can help their parents get a Green Card.
  • Siblings: People who are U.S. citizens can also help their brothers and sisters get permanent residency.

Important Things to Think About When Applying for a Family-Based Green Card:

  • Proof of Relationship: To prove the family relationship, you need documents like birth certificates, marriage certificates, and adoption records.
  • Priority Dates:The amount of time it takes to get a family-sponsored Green Card can change depending on the type of relationship. Immediate family members of U.S. citizens, like parents, children, and spouses, have a faster process. Siblings, on the other hand, may have to wait longer.
  • Form I-130 Petition:To start the application process for their family member, the U.S. citizen or permanent resident will need to fill out Form I-130.

To take this route, the U.S. citizen or Green Card holder must show proof of the family relationship and file a sponsorship petition. It’s important to remember that some categories, like siblings, can take a long time because there are long waiting periods. It’s best to talk to an immigration lawyer to find out how long it will take.

3. Asylum and Refugee Status

You can also get a Green Card in the US without getting married if you are an asylum seeker or refugee. You may be able to get asylum in the US if you are fleeing persecution in your home country because of your race, religion, nationality, membership in a certain social group, or political views.

Steps to Apply for Asylum:

  • File for Asylum:You have to ask for asylum within a year of getting to the US..
  • Approval for Asylum: After you get asylum, you can live and work in the US.
  • Apply for a Green Card:  You can apply for a Green Card after being granted asylum for a year.

You can apply for a Green Card one year after you get asylum. You have to apply for asylum through USCIS or an immigration court and show that you meet the requirements for refugee status. If you get asylum, you can work in the US and then change your status to that of a Green Card holder.

4. Diversity Visa Lottery (DV Lottery)

The Diversity Visa (DV) Lottery is another way to get a Green Card in the US without getting married. The U.S. government has a lottery for people from countries where few people move to the U.S. Under this program, 50,000 people are chosen at random each year to apply for a Green Card.

Eligibility Criteria for the DV Lottery:

  • Country of Origin:You have to be from a country that is eligible for the DV program, which means that not many people move to the US from there.
  • Education or Work Experience: You need to have a certain amount of education or work experience.

While this route doesn’t require marriage, it does come with strict eligibility requirements. Applicants must meet basic education or work experience criteria and come from a qualifying country. The DV lottery is highly competitive, but it’s an option worth exploring for those who are eligible.

5. Special Immigrant Juvenile Status (SIJS)

This path doesn’t require marriage, but it does have strict requirements for who can use it. To be eligible, applicants must have a certain level of education or work experience and come from a country that meets the requirements. The DV lottery is very competitive, but it’s worth looking into for people who qualify.

Steps to Apply for SIJS:

  • Court Order: A state juvenile court must determine that you have been abused, neglected, or abandoned.
  • Apply for Green Card: Once you have SIJS status, you can apply for a Green Card.

After obtaining SIJS, applicants can apply for a Green Card. This option is specifically tailored to children in difficult situations, ensuring that they are protected by U.S. immigration laws.

FAQs

Q1: Can I get a Green Card if I am on a student visa?

 Yes, if you have an employer willing to sponsor you, you may be eligible for an employment-based Green Card. You can also explore family-based sponsorship if you have relatives who are U.S. citizens or Green Card holders.

 The timeline depends on the category through which you are applying. For example, an employment-based Green Card may take a few months to a couple of years, while family-based sponsorship for siblings can take several years.

 If you are in the USA without legal status, you may still qualify for a Green Card under certain circumstances, such as asylum or through a family member who is a U.S. citizen or Green Card holder. Consulting an immigration lawyer can help you explore your options.

 While it’s possible to apply for a Green Card without a lawyer, having an experienced immigration attorney can help ensure that your application is processed smoothly and that all necessary documentation is provided.

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