May 3, 2024

Ways to Get a Green Card Without Marriage

Achieving a Green Card in the United States marks a significant milestone for immigrants, granting the privilege to reside and work in the country. Beyond marriage to a U.S. citizen or Green Card holder, alternative routes exist, such as employment-based options, family sponsorship, and humanitarian programs. Exploring these diverse pathways empowers individuals to establish a life in the U.S. independent of marital status.

Employment-Based Green Card Options

EB-1 Visa: For Individuals with Extraordinary Ability

If you possess extraordinary ability in your field, whether it be in the arts, sciences, education, business, or athletics, the EB-1 visa category offers a prestigious path to a green card. You don't need a specific job offer if you're applying for the EB-1 category based on extraordinary ability, but you must demonstrate national or international acclaim and your intentions to continue working in your area of expertise.

The EB-1 visa encompasses three distinct classifications:

  1. EB-1A caters to individuals showcasing extraordinary abilities,
  2. EB-1B targets exceptional professors and researchers,
  3. EB-1C is tailored for multinational managers or executives.

Each subcategory has its own criteria, but they all share the common goal of attracting the best and brightest to the United States. It's important to note that the EB-1 visa has stringent eligibility requirements, and the evidence needed to support your application must be compelling. Seeking professional guidance is recommended to navigate the complexities of immigration law and to ensure that your application stands the best chance of success.

Related: Employment-Based Immigration

EB-2  & EB-3 Visa:

People's hands connected in teamwork, echoing the EB-3 visa's role in addressing U.S. workforce needs

If you're a professional with an advanced degree, the EB-2 visa category offers a pathway to obtaining a Green Card. This category is designed for those who have a job offer in the U.S. and whose employment is in the national interest. You must possess either an advanced degree or its equivalent, or a bachelor's degree with at least five years of progressive experience in your field.

If you're a skilled worker with at least two years of experience, a professional with a bachelor's degree, or an unskilled worker with less than two years of experience, the EB-3 visa could be your pathway to permanent residency in the United States. This category is designed to meet the needs of the U.S. workforce by allowing foreign nationals to fill positions that are in short supply.

EB-4 Visa: For Special Immigrants

For those pursuing permanent residency in the United States with experience in religious work or special qualifications, the EB-4 Visa offers a potential pathway. This category caters to special immigrants, encompassing diverse groups like religious workers, employees of U.S. foreign service posts, retired international organization staff, among others.

One notable group within the EB-4 category is religious workers. These individuals must be coming to the U.S. to work for a non-profit religious organization in a professional or non-professional capacity. It's important to note that not all religious workers qualify; for instance, non-minister special immigrant religious workers are a specific subset engaged in religious vocations or occupations.

To apply for an EB-4 Visa, you will need to follow these general steps:

  1. Ensure you meet the specific criteria for a 'special immigrant.'
  2. Have your U.S. employer (or sponsoring organization) file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
  3. Once the petition is approved, apply for an immigrant visa or adjust your status to permanent resident if you are already in the U.S.

Remember, the EB-4 Visa has annual caps, and some categories within it may have additional requirements or limitations.

Related: The Visa Bulletin: How to Read it?

link cover

EB-5 Visa: Investor Green Card

If you're an entrepreneur looking to invest in the United States, the EB-5 Investor Green Card may be your pathway to permanent residency. This program requires a substantial investment in a new U.S. business and the creation of jobs for American workers. Here's what you need to know:

  • You must invest a minimum of $1,050,000 in a new commercial enterprise.
  • The investment must lead to the creation of at least 10 full-time jobs for qualifying U.S. workers.

By meeting these requirements, not only do you contribute to the U.S. economy, but you also secure a future for yourself and your family in the United States. After maintaining your investment for a period of time and fulfilling all program regulations, you can become eligible for permanent residency, opening the door to eventual U.S. citizenship.

Other Paths to U.S. Permanent Residency

Asylum and Refugee Status

If you find yourself in the United States fearing persecution in your home country, seeking asylum might be a viable path to obtaining a green card. As an asylee or refugee, you must have been physically present in the United States for at least one year before applying for permanent residency. Here are the steps you should consider:

  • File Form I-589, Application for Asylum and for Withholding of Removal, to start the process.
  • If you have family members who need protection, you can also file Form I-730, Refugee/Asylee Relative Petition.
  • In certain circumstances, Form I-821, Application for Temporary Protected Status, may also be relevant.

Remember, the journey to asylum and eventual permanent residency is complex and often requires navigating through intricate legal procedures. It's essential to stay informed about the latest policies and procedures to ensure your application is processed smoothly.

U Visa for Victims of Crime

If you've experienced the unfortunate impact of a crime, the U Visa provides a route to a Green Card without marriage. Tailored for victims enduring substantial mental or physical abuse, it requires cooperation with law enforcement, potentially granting permanent residency in three years.

To qualify, you must meet certain criteria:

  • You are the victim of a qualifying criminal activity.
  • You have information about the crime.
  • You have been helpful, are being helpful, or are likely to be helpful to law enforcement.
  • The crime occurred in the United States or violated U.S. laws.

Obtaining a U Visa is a multi-step process that involves certification from a law enforcement agency, filing the necessary forms, and potentially working with an immigration attorney. It's important to note that the number of U Visas issued each year is limited, so it's advisable to seek guidance to navigate this complex process.

Related: When Do You Need an Immigration Lawyer?

Family Sponsorship Beyond Spousal Relationships

Grandmother and granddaughter cooking and chatting in a modern kitchen

While the most direct path to a green card may be through marriage, you have other options if you're related to a U.S. citizen or permanent resident. Family sponsorship isn't limited to spouses; it also includes other close relatives. Here's how you can benefit from family-based immigration:

  • If you're the parent of a U.S. citizen, and your child is over 21, they can sponsor you for a green card.
  • Unmarried children under 21, as well as unmarried sons and daughters over 21, can be sponsored by their U.S. citizen parents.
  • Siblings of U.S. citizens are also eligible for sponsorship, though this process may take longer due to caps on the number of visas issued annually.

Remember, each category has its own set of requirements and processing times. It's essential to ensure that the sponsoring family member meets the income requirements to act as your sponsor, or you may need to find a joint sponsor.

Related: Family Immigration

Diversity Visa Lottery Program

The Diversity Visa Lottery Program presents a distinctive chance for individuals from nations with minimal immigration to the U.S. Annually, up to 50,000 visas are randomly awarded to selected applicants who meet specific educational or work experience criteria, such as completing a 12-year course of elementary and secondary education or its equivalent.

The Diversity Visa Lottery Program, often referred to as the DV Lottery Program, offers a unique opportunity for individuals from countries with limited immigration rates to the U.S. Each year, up to 50,000 visas are randomly awarded to selected applicants. To participate, you must meet certain educational or work experience requirements. For instance, you should have completed a 12-year course of elementary and secondary education or its equivalent.

Here's how you can apply:

  1. Submit an online entry during the open registration period.
  2. Ensure your application includes all required information and photographs.
  3. If selected, follow the instructions provided by the U.S. Department of State for further processing.

Remember, the selection is random, and there is no cost to register for the lottery. However, if you are selected, you must act promptly to complete the subsequent steps, including an interview at a U.S. embassy or consulate. The Diversity Visa Lottery is a chance to achieve your American dream without the need for family or employment sponsorship.

Related: Immigration FAQ

link cover

Special Categories: Religious Workers, International Media, and Others

If you're seeking a Green Card but don't fit into the more common categories, don't worry. There are special categories that might be just the right path for you. Religious workers, for instance, can apply for a Green Card if they are coming to the U.S. to work for a non-profit religious organization. Similarly, if you're part of the international media, such as a journalist or broadcaster, you may qualify under the I visa category.

These special categories also extend to individuals who have served the U.S. government abroad, such as nationals of Afghanistan or Iraq. Moreover, if you're an employee of an international organization or NATO, you might be eligible for a Green Card as well. Here's a quick rundown of who might qualify:

  • Religious workers affiliated with non-profit organizations
  • International media personnel, including journalists and broadcasters
  • Employees of international organizations or NATO
  • Special Immigrant Juveniles under court protection
  • Nationals of Afghanistan or Iraq with ties to the U.S. government

Remember, each category has its own set of requirements and processes, so it's crucial to get the correct advice from qualified immigration experts. They can help you navigate the complexities of legal country entry, work-related entry, family reunification, and citizenship.

Exploring alternative avenues to the U.S. Permanent Residency? Our comprehensive guide on our website offers in-depth insights into various pathways beyond the conventional methods. Whether it's through employment, investment, or family ties, we provide the expertise to navigate the complex immigration landscape. Don't miss out on the opportunity to find your unique route to residency.

Exploring Diverse Paths: Navigating the Road to a Green Card

Securing a Green Card in the United States without marriage is a multifaceted process, offering various legal pathways for those seeking permanent residency. From employment-based visas like EB-1, EB-2, and EB-3, to family petitions, asylum, and special visas such as U and L visas, the options are diverse and cater to different individual circumstances. It's essential to navigate these routes with accurate information and professional guidance. Whether you're an investor, skilled worker, or a relative of a U.S. citizen or resident, understanding and choosing the right path is crucial. Remember, while marriage is a common route, it's by no means the only way to achieve the dream of living and working in the U.S. legally and permanently.

Related: How to Petition for Parents to Come to the United States

Our Latest Blog

Our Recent Blogs

Navigate Your Future with

Embrace your Future with Brudner Law