The Fastest & Easiest Options to Apply for an Immigrant Green Card in New York City
The main goal for many immigrants New York City and other areas of the United States is to obtain their green card which marks status of permanent resident and allows you to legally live and work in the US. There are several ways to apply and obtain a green card — some methods faster or less demanding than others. An experienced immigration attorney can help you determine which path has the best opportunities for you, as the process you follow will depend on your personal circumstances and eligibility.
The process can take anywhere from a few months to ten years or more depending on your circumstances and eligibility. Let’s take a look at the fastest, easiest, and most common ways to get a green card (formally known as a Permanent Resident card). There are 3 main categories for eligibility:
- Family-Based
- Employment-Based
- Diversity Lottery
Family-Based Green Card
There are several methods to apply for a green card under the category of family, and some are faster than others. Current United States citizens and lawful permanent residents can sponsor certain types of relatives for green cards if they are considered an “immediate” or “family preference” relative.
Immediate Relative Green Card Application
Immediate relatives are spouses, parents and unmarried children (under the age of 21) of a US citizen. For immediate relatives applying for green cards there are no restrictions and an unlimited number of visas available. Immediate relatives of US citizens have the most reliable and straightforward path to obtaining a green card, with the processing times varying between 15 to 20 months.
Family Preference Relative Green Card Application
Family preference relatives are broken down into 4 categories in order of preference as defined in the Visa Bulletin:
- First Preference (F1): Unmarried children (over 21) of US citizens
- Second Preference (F2A): Spouses and children (under 21) of permanent residents
Second Preference (F2B): Unmarried children (over 21) of permanent residents - Third Preference (F3): Married children of US citizens, including their spouses and minor children
- Fourth Preference (F4): Siblings of US citizens, including their spouses and minor children (US citizen must be at least 21 years of age)
Please take note that other family members of US citizens or permanent residents like aunts, uncles, grandparents, cousins, etc. do not qualify for a Green Card through family-based applications.
Typically, the higher the preference, the faster the path to a green card. However, there are a multitude of factors which contribute to the wait time for an immigrant visa, including the number of petitions files under each category. This means that some categories with a lower demand may become shorter than more preferential categories with a higher demand.
Each of the family preference categories have an annual limit for how many visas are available and issued each year. Once this number is reach, all other applicants in the category must wait until the next fiscal year. There is also a limit on the number of immigrants depending on the country of origin. No particular country can make up more than 7% of the total visas issued each year. Once that percentage has been reached, all other applicants from that country (regardless of category) will have to wait until the next fiscal year. Countries like India, China, Mexico, and the Philippines have a high demand for immigration and wait times for applicants can be up to 10 years or more depending on their category.
These limits make processing times vary widely depending on each applicant’s situation. If you are interested in applying for a green card through a family-based application, you should meet with an experienced immigration attorney to discuss your options and the best path for your situation.
Green Card by Marriage
Many people point to marriage as the quickest and easiest path to a green card. Spouses of US citizens fall under the “immediate relative” category, and thus have a very easy and reliable path to a green card. Spouses of an existing green card holder (permanent resident) are included in the second preference F2A category of family preference relatives — which is still high in preference but may include a longer waiting time.
Although the application process for a spouse may be more straightforward and quicker than the myriad of other immigration paths, it is important to note that the marriage MUST be legitimate and not made for the sole purpose of applying for a green card.
Employment-Based Green Card
As with the family-based visas, the Visa Bulletin specifies various subcategories for work-based green card applicants. Employment-based applications generally have short wait times and processing times than family-based applications (with the exception of those born in India or China), but they involve a lot more work and documentation from you and your sponsoring employer. Let’s take a look at the work-based green card categories:
- First Preference (EB-1): Priority Workers
Includes persons of extraordinary ability in arts, science, education, business or athletics; professors and researchers; multinational managers and executives. On average the processing time for an EB-1 visa is 8 months. - Second Preference (EB-2): Professionals with Advanced Degrees or Exceptional Ability
Includes persons in professions holding advanced degrees or of exceptional abilities in arts, science or business. In general, an EB-2 visa processing time takes about 18 months. - Third Preference (EB-3): Skilled Workers, Professionals, and Other Workers
Includes workers with at least 2 years of training or experience, professionals with college degrees or “other” workers for unskilled labor that is not temporary or seasonal. The average processing time for an EB-3 visa is about 6 months. - Fourth Preference (EB-4): Certain “Special” Immigrants
Includes certain religious workers, employees of US foreign service posts, translators, former US government employees, and various other classes of noncitizens. The processing time for this category is only about 6 months, but it has very specific requirements to quality. - Fifth Preference: Job Creation / Investment
For foreign nationals who can invest $500,000 or more of personal assets into a job-creating enterprise in the US which would provide full time employment to 10 or more US citizens or permanent residents. Most EB-5 visa petitions are typically processed within 7-24 months for individuals already residing in the US, but can take up to 36+ months for those outside the US.
Most employment-based applications require you to already have a permanent job offer from a U.S. employer, as the employer sponsorship process requires them to obtain a labor certification before proceeding. Plus, United States Citizenship and Immigration Services (USCIS) has a limit to how many visas are issued each year across the different categories, similar to the limits on family-based visas.
EB-2 Work Visa for Professionals with Advanced Degrees or Exceptional Ability
Individuals that qualify for this category but do NOT have a permanent job offer from a US employer can apply for a National Interest Waiver, which would permit them to obtain a green card without an employment offer. To qualify, you must be able to demonstrate your “exceptional” ability in your particular field and/or provide proof of having an advanced degree. Furthermore, you’ll need to prove that your work in the United States will be of “substantial merit” and “national importance”.
Whether you’re applying through the national interest waiver or in any other employment-based visa category, it’s important that your application makes a persuasive case. The best way to make sure you have all of the complicated pieces of the application executed correctly is to hire an immigration attorney. They will have the knowledge and experience necessary to make the process as smooth and efficient as possible while giving you the best chance at successful obtaining your visa and green card.
Diversity Immigrant Visa / Green Card Lottery
Each year, the Diversity Immigrant Visa (DV) Program, or “Green Card Lottery,” allots 50,000 visas for randomly chosen immigrants. As with all lotteries, your chances of winning one of the limited visas is depended on luck and an application without errors. To qualify for the lottery, individuals must:
- come from a currently eligible country (that does not send many immigrants to the US)
- have a valid passport
- have at least a high school degree or 2 years of skilled work experience (gained within the last 5 years)
- have no history of criminal activity
- have no history of U.S. immigration violations
Once an individual has won the DV lottery, they must still complete an application for a visa and get through processing before the visas run out for that fiscal year. The lottery sounds easy at first, but millions of participants fail each year due to the many hurdles, technical pitfalls and making errors during the process. The list of possible mistakes is long, and if you get disqualified due to a mistake you will not be told why and are thus at risk of making it again should you choose to re-apply the following year. This is why it can be very helpful and important to hire an immigration attorney to help you with the entire process.
Hiring an Experienced Immigration Attorney
The best way to ensure you have the highest chances at obtaining a green card in the most efficient and cost-effective way possible is to hire a trusted immigration attorney. Laird Law offers appointments both virtually or in person at their offices in Manhattan in NY and in Newark, NJ. They are immigration experts, and also fluent in Chinese and Portuguese.
Don’t risk a failed green card application by trying to learn and complete everything yourself! Contact the immigration experts at Laird Law today!
