USA Green Card Requirements
A green card identifies its holder as a U.S. permanent resident, with rights to enter, exit, work, and live here for their entire life. But before you think about applying, make sure you’re eligible under one of the following categories.
Immediate Relatives of U.S. Citizens
Immediate relatives include:
- spouses of U.S. citizens, including recent widows and widowers
- unmarried people under age 21 with at least one U.S. citizen parent
- parents of U.S. citizens, if the U.S. citizen child is at least age 21
- stepchildren and stepparents of U.S. citizens, if the marriage creating the stepparent/stepchild relationship took place before the child’s 18th birthday, and
- adopted children of U.S, if the adoption took place before the child reached age 16.
An unlimited number of green cards are available for immediate relatives whose U.S. citizen relatives petition for them — applicants can get a green card as soon as they get through the paperwork and application process.
Other Family Members
Certain family members of U.S. citizens or permanent residents are also eligible for green cards — but not right away. They fall into the “preference categories” listed below, meaning that only a certain number of them will receive green cards each year (480,000). The system is first come, first served — the earlier the U.S. citizen or permanent resident turns in a visa petition, the sooner the immigrant can apply for a green card. The waits range from approximately three to 24 years in the family preference categories, which include:
- Family First Preference. Unmarried adults, age 21 or older, who have at least one U.S. citizen parent.
- Family Second Preference. Section 2A: Spouses and unmarried children of a green card holder, so long as the children are younger than age 21. Section 2B: Unmarried children age 21 or older of a green card holder.
- Family Third Preference. Married people, any age, who have at least one U.S. citizen parent.
- Family Fourth Preference. Sisters and brothers of U.S. citizens, where the citizen is age 21 or older.
Preferred Employees and Workers
A total of 140,000 green cards are offered each year to people whose job skills are needed in the U.S. market. In most cases, a job offer is also required, and the employer must prove that it has recruited for the job and not found any willing, able, qualified U.S. citizens or residents to hire instead of the immigrant. Because of annual limits, this is a “preference category,” and applicants often wait years for an available green card. Here are the subcategories:
Employment First Preference. Priority workers, including:
- persons of extraordinary ability in the arts, the sciences, education, business, or athletics
- outstanding professors and researchers, and
- managers and executives of multinational companies.
Employment Second Preference. Professionals with advanced degrees or exceptional ability.
Employment Third Preference. Professionals and skilled or unskilled workers.
Employment Fourth Preference. Religious workers and miscellaneous categories of workers and other “special immigrants” (described below)
Employment Fifth Preference. Investors willing to put $1 million into a U.S. business — or $500,000 if the business is in an economically depressed area. The business must employ at least ten workers.
Green Card Lotteries: Ethnic Diversity
A certain number of green cards (currently 50,000) are made available to people from countries that in recent years have sent the fewest immigrants to the United States.
Special Immigrants
Occasionally, laws are passed making green cards available to people in special situations. The current special immigrant categories are:
- clergy and other religious workers for legitimate religious organizations
- foreign medical graduates who have been in the United States since 1978
- former employees of the Panama Canal Zone
- foreign workers who were longtime employees of the U.S. government
- retired officers or employees of certain international organizations who have lived in the United States for a certain time
- foreign workers who were employees of the U.S. consulate in Hong Kong for at least three years
- foreign children who have been declared dependent in juvenile courts in the United States
- international broadcasting employees, and
- certain members of the U.S. Armed Forces who enlisted overseas and served 12 years.
Refuge and Political Asylum
The U.S. government offers refuge to people who fear, or have experienced, persecution in their home country. A person still outside the United States would apply to be a refugee; a person already here would apply for asylum.
The persecution must be based on the person’s race, religion, nationality, political opinion, or membership in a particular social group. If you are fleeing only poverty or random violence, you do not qualify in either category.
Amnesty and Special Agricultural Worker Status
Years ago, a green card based on “amnesty” was offered to people who had been living in the United States illegally since January 1, 1982. There was a similar amnesty for laborers who worked in the fields for at least 90 days between May 1, 1985 and May 1, 1986. Although the application deadlines have long passed, certain class action lawsuits mean that some applications haven’t yet been decided on. See an attorney if you should have qualified.
In 1997, Congress added an amnesty for Nicaraguans and Cubans, called the Nicaraguan Adjustment and Central American Relief Act (NACARA). Some provisions also benefit Salvadorans, Guatemalans, and Eastern Europeans. The deadline for filing applications has passed.
Long-Time Residents
The law allows certain people who have lived illegally in the United States for more than ten years to request permanent residence, usually as a defense in immigration court proceedings. You must also show that your spouse, parent, or children — who must be U.S. citizens or permanent residents — would face “extraordinary and exceptionally unusual hardship” if you were forced to leave. Consult a lawyer if you think you qualify. Do not go straight to USCIS — you could cause your own deportation.
Application Fee Increase for a Green Card
The cost of getting a green card — may be going up, as the Obama administration has proposed increasing the application fee for a green card — given to foreigners with permission to live and work in the US permanently — from $930 to $985. The fee for required fingerprinting also would go up $5 to $85, for a total of $1,070.
Green Card Fee to Increase
Foreigners wanting to become a U.S. citizen must have held a green card for five years before they are eligible to apply for US citizenship, which costs $595 plus the fingerprinting fee. In other cases, such as when a foreigner plans to marry an American citizen, the wait time is not three years before they are eligible to apply for American citizenship.
The administration is not proposing an increase in the citizenship application fee even though a government study found the fee should be increased as much as $60 an application — to cover the full cost of processing those applications.
Consular Processing at USA Embassy in Thailand
CTR & Associates offers Consular Processing Services to U.S. Law Firms and to individuals. CTR & Associates is managed and owned by a licensed American attorney who is also a member of the American Immigration Lawyers Association, which is a member only organization for American Lawyers and Representatives specializing in the practice of U.S. Immigration Law.
CTR & Associates Consular Processing Services can provide U.S. Law Firms with “on the ground” representation and investigation about the status of the visa application at the USA Embassy in Bangkok. Our American attorneys and Thai staff are there to meet and interview cases in at the client’s location. This on the ground service means less delays in your green card processing time and green card approval.
An Immigration Law Firm Offering Competitive and Quality Services
With CTR & Associates Consular Processing Service you can provide your clients more options and a higher quality of service knowing that they will be represented by an American Immigration lawyer and will be guided through the final stages of their green card process by a qualified American attorney and staff.
Our firm can provide certified Thai-English translations where needed and inquire with the US Embassy post in matters involving 221g denials, administrative processing, or appointment scheduling. For firms with clients facing foreseeable 221g denial issues, our attorneys can assist in preparing the applicants for managing these issues to avoid green card denials. We provide applicants with the knowledge they need to be prepared to deal with the US Embassy in an honest and concise manner so they are prepared to present their case with the best foot forward.
Be aware that No One can guarantee an outcome of a visa application as the ultimate adjudication are evaluated and based on the evidence provided and the unique set of facts of each case. If anyone promises a 100% guaranteed or money back policy then it’s best to inquire into the integrity of that statement. The Immigrant Visa Section of the U.S. Embassy in Bangkok review each case based on the quality and quantity of evidence presented at the interview and prior.
CTR & Associates provides clients with the knowledge and peace of mind of knowing that the applicant is being advised by an licensed American attorney who is trained in assisting the applicant to prepare for the most important interview in the final stages of their Visa Application.
On The Ground US Attorney to Provide Assurance That Your Client Will Receive a Higher Quality of Service
In the final stages of your client’s green card process, you will have the peace of mind that a licensed American Immigration Lawyer will assist the applicant in preparing for the interview,and locating and submitting required documents to the US Embassy. Our American Attorneys will be on hand to correspond with clients and applicants and will facilitate a smoother transition thereby avoiding any delays in the process.
CTR & Associates can add an international aspect to your law practice with our office and staff in Bangkok, Thailand. Email us at Info@CtrLegal.com now for more details. While CTR & Associates is owned and managed by an American attorney, we do not have any special relationship or influence at the US Embassy in Bangkok and we strive to provide our clients with the utmost professionalism in our interaction with the US Consular staff. We strive to conform to all US guidelines regarding attorney client representation and communication when assisting clients at the US Embassy.
EB-5 Investor Green Card Benefits
EB-5 Investor Green Card Program is a fast track path to getting your U.S. green card within 18 months. It has the highest U.S. Immigration approval, more than the Tourist Visa, Student Visa, and Employment based green cards, and Marriage Visa. U.S. Congress designated 10,000 visas to individuals in the EB-5 Category and each year thousands go unused. With a secure investment of $500,000 into a State certified project in the U.S. you and your family will be able to qualify for a U.S. green card with all the benefits of a resident.
You Can Live Anywhere in the U.S.
If you have always dreamt of living next to the beach in Hawaii or the coast of California, you can do so. If you prefer the lights and sounds of Las Vegas or New York, then the option is available. No matter where you want to live in the U.S., the EB-5 Green Card gives you the ability to choose where you can set up your business in a completely different state than where you live.
Travel to U.S. Hassle Free Anytime
The freedom to travel back home when you please. Once you have a Green Card in the U.S., you can return to your home country and then back to your new home anytime you wish. If you have an emergency in your home country or need to return to the U.S. immediately, just board a plane and leave without having to apply for a visa.
U.S. Education at Citizen Rates
Access to education at resident prices. As a lawful permanent resident of the U.S. you can afford to get higher education while paying the same money citizens pay. The same can be said for family that moves here with you, which includes any children under age 21. If you have always wanted the best education for you and your children, you can have it now with the EB-5 Green Card.
Be An American Citizen in 5 years
Fast track to becoming a U.S. citizen. You might think you will never become an American citizen, but it is possible to obtain your U.S. citizenship 5 years after your Green Card is approved. You need an experienced immigration attorney to process the file smoothly, however, the INA clearly allows citizenship application if you meet all the requirements. Once you have your citizenship, you can never lose it and do not even have to travel back to the U.S. to maintain it.
Own A Business
Owning your own business. Many people will never have the satisfaction of working for themselves, but with one initial investment, you can achieve that dream. The investment does not require you to be involved in daily operations if you apply at a Regional Center. You can be as involved in the business as you want, and you get to choose what you do with your time and money. This is a luxury many people in most countries do not have.
Secure Investment Earning Interest
Investment with a projected return on investment. By working with our EB-5 Investor Green Card Program, your investment money is secure and will earn interest higher than at a traditional U.S. bank.
High Immigration Approval Rate Than Any Other Visa
High U.S. immigration approval rate. In 2009, 85% of EB-5 Investor Green Card petitions were approved by U.S. immigration. This is a much higher rate than student visas, tourist visas, and marriage visas.
Our Services For Regular & Regional Center Programs
We are ready to provide you with comprehensive EB-5 Green Card services that apply to both the Regular and Regional Center programs, including:
- Confirm the source and availability of funds available for your EB-5 Green Card business investment, which generally requires the submission of 5 years of tax filings
- Advise on due diligence for your preferred business investment
- Prepare and file your I-526 petition as an alien entrepreneur with the U.S. Citizenship and Immigration Services (CIS)
- Once you are approved, we help you file for an Adjustment of Status or Immigrant Visa
- When you are granted conditional resident status, we monitor your case during the 21-24 month wait period required to verify that the full investment has been made and 10 jobs created (if applicable)
- We help you file the Form I-829 application to remove conditional resident status at the specified time to obtain permanent residence.
EB-5 Green Card Regional Center Application Services
The Regional Center program is ideal for the retiree or inactive investor due in large part to the “indirect employment creation” requirement and usual limited partner feature of this program. If you choose to invest $500,000 plus acquisition costs through one of more than 70+ Regional Centers, we can assist you by discussing the Regional Center program options that may be best suited to you.
There are several steps in the Regional Center program category which vary based on your individual circumstances.
EB-5 Green Card Regular Program Application Services
If you choose to invest $500,000 to $1 million through the EB-5 Green Card Regular Program, we can help you:
- Advise on reorganizing an existing business to become a qualifying new commercial enterprise
- Identify a “troubled business” that may allow you to create fewer than 10 new jobs
Start The EB-5 Green Card Process Now
Getting started is easy. Schedule a consultation to speak to EB-5 Green Card attorney Cathy Tran Reck in more detail about your case, or contact us at one of our international offices in Bangkok and Ho Chi Minh City.
Who Qualifies for an EB-5 Investor Green Card?
There are no limits as to who can qualify for an EB-5 Investor Green Card as long as they can meet the three requirements. Some examples are student visa holders who want to get a green card without having to marry, retirees who want to be able to live and receive some benefits in the U.S., entrepreneurs who do not qualify for E visas, and families with young children who want the benefits of a U.S. school system.
Why Use our EB-5 Investor Green Card Program?
Safe investment with your money. Your investment money is secure and will earn interest higher than at a traditional U.S. Bank. We have a proven management team that has already earned over $800 million gross in previous projects. We have a virtual reality online gaming product that has been profitable for over eight (8) years, and we have the Hollywood connection to make the business successful and profitable.
About the Company: SEE Virtual Worlds
What is the Hollywood Connection?
What makes our online virtual reality games special is that we can use characters and images from famous Hollywood movies. We are able to do this because of the past success of SEE Virtual Worlds www.seevirtualworlds.com
Paramount Studios, MGM, Warner Bros., Sony Pictures, 20th Century Fox and Universal Studios have already signed contracts for the use of their movies. Some of the movies that are being discussed are: Batman, James Bond, Star Trek, Harry Potter, Lord of the Rings, Star Wars, X-Men, King Kong and The Mummy. You too can be part of the magic of a Hollywood success. Visit See Virtual Worlds at www.seevirtualworlds.com
How Do I Get Started?
You can send an inquiry with a completed EB-5 Green Card Questionnaire to our office.
