How to Get a Green Card in the USA Without Marriage

Obtaining a green card, or lawful permanent residency, in the United States is a dream for many immigrants. While marriage to a U.S. citizen or permanent resident is one of the most common paths to a green card, it’s not the only option. In this article, we’ll explore various ways to get a green card in the USA without marriage, including employment-based, family-based (excluding marriage), investment-based, and special immigrant categories.

Understanding the Different Types of Green Cards

Before delving into the specifics, let’s briefly discuss the different types of green cards available:

Employment-Based Green Cards

These green cards are issued to foreign workers who possess exceptional skills, advanced degrees, or job offers from U.S. employers. There are several subcategories within this category, including EB-1 (for individuals with extraordinary abilities), EB-2 (for professionals with advanced degrees or exceptional abilities), and EB-3 (for skilled workers, professionals, and other workers).

Family-Based Green Cards (Excluding Marriage)

While marriage is a common basis for family-based green cards, there are other family relationships that can qualify an individual, such as being the child or parent of a U.S. citizen or permanent resident.

Investment-Based Green Cards

Also known as the EB-5 program, this category allows foreign investors to obtain a green card by investing a substantial amount of money (typically $1.8 million or $900,000 in targeted employment areas) in a commercial enterprise that creates a certain number of jobs for U.S. workers.

Special Immigrant Green Cards

This category includes green cards for religious workers, internationally recognized athletes and entertainers, and other special categories of immigrants.

Refugee or Asylee Green Cards

Individuals who have been granted refugee or asylee status in the United States may be eligible to apply for a green card after meeting certain requirements.

Eligibility Requirements for Non-Marriage-Based Green Cards

Each category of green card has its own set of eligibility requirements. Here’s an overview of the most common requirements:

Employment-Based Green Card Requirements

• You must have a job offer from a U.S. employer or meet the criteria for self-employment.
• Your employer must obtain a labor certification or demonstrate that there are no qualified U.S. workers available for the position.
• You must meet the minimum education, experience, and skill requirements for the job.

Family-Based Green Card Requirements (Excluding Marriage)

• You must have a qualifying family relationship with a U.S. citizen or permanent resident (e.g., parent, child, sibling).
• The petitioning family member must meet certain income requirements to support you financially.
• You must not have any inadmissibility factors that would disqualify you from obtaining a green card.

Investment-Based Green Card Requirements

• You must invest at least $1.8 million (or $900,000 in targeted employment areas) in a new commercial enterprise or a troubled business.
• Your investment must create or preserve at least 10 full-time jobs for U.S. workers.
• You must demonstrate that your investment funds were obtained through lawful means.

Special Immigrant Green Card Requirements

• You must meet the specific criteria for the special immigrant category you are applying under (e.g., religious worker, internationally recognized athlete/entertainer).
• You may need to provide evidence of your qualifications, such as certifications, awards, or proof of employment.

Refugee or Asylee Green Card Requirements

• You must have been granted refugee or asylee status by the U.S. government.
• You must have been physically present in the United States for at least one year after being admitted as a refugee or asylee.
• You must meet other eligibility criteria, such as not having committed certain crimes or posing a security risk.

The Application Process for Non-Marriage-Based Green Cards

The application process for non-marriage-based green cards can be complex and may vary depending on the specific category you are applying under. However, here’s a general overview of the steps involved:

Gathering Required Documents

Before you can begin the application process, you’ll need to gather all the required documents, such as birth certificates, financial records, employment verification, and any other supporting documents specific to your situation.

Filing the Appropriate Forms

Depending on your green card category, you (or your employer or sponsor) will need to file the appropriate forms with the U.S. Citizenship and Immigration Services (USCIS). These forms may include the I-485 (Application to Register Permanent Residence or Adjust Status), I-140 (Immigrant Petition for Alien Worker), or other category-specific forms.

Attending the Green Card Interview (If Applicable)

In some cases, you may be required to attend an in-person interview with a USCIS officer. During the interview, you’ll be asked questions about your background, qualifications, and reasons for seeking a green card.

Receiving a Decision on Your Green Card Application

After reviewing your application and supporting documents (and conducting an interview, if applicable), USCIS will make a decision on your green card application. If approved, you’ll receive your green card and become a lawful permanent resident of the United States.

Tips for a Successful Non-Marriage-Based Green Card Application

To increase your chances of a successful green card application, consider the following tips:

Work with an Immigration Attorney

Immigration laws and regulations can be complex and ever-changing. Working with an experienced immigration attorney can help ensure that your application is properly prepared and filed, increasing your chances of success.

Prepare Thoroughly for the Interview

If you’re required to attend an interview, prepare thoroughly by reviewing your application materials, anticipating potential questions, and practicing your responses. Presenting yourself well during the interview can make a positive impression on the USCIS officer.

Maintain Legal Status While Waiting for a Decision

While your green card application is pending, it’s crucial to maintain legal status in the United States. This may involve renewing your visa or seeking an extension of your current status.

Be Patient and Follow Up as Needed

The green card application process can take several months or even years, depending on your category and the current processing times. Be patient and follow up with USCIS or your attorney if you have any concerns or questions about the status of your application.

Frequently Asked Questions (FAQs)

1. Can I apply for a green card without a job offer or employer sponsorship? Yes, there are some employment-based green card categories that do not require a job offer or employer sponsorship, such as the EB-1 category for individuals with extraordinary abilities or the EB-5 investment category.
2. How long does it take to get a green card through employment? The processing time for employment-based green cards can vary greatly depending on the specific category and the current processing times at USCIS. On average, it can take anywhere from several months to several years.
3. Can I get a green card if I’m already in the United States on a non-immigrant visa? Yes, in some cases, you may be able to adjust your status from a non-immigrant visa to a green card without leaving the United States. However, this depends on your specific situation and the green card category you are applying under.
4. Is it possible to get a green card through investment without meeting the minimum investment amount? No, the investment requirements for the EB-5 program are set by law and cannot be waived or reduced. You must invest the minimum amount ($1.8 million or $900,000 in targeted employment areas) to qualify for a green card through this program.
5. Can I work while my green card application is pending? Your ability to work while your green card application is pending depends on your current immigration status and the category you are applying under. In some cases, you may be eligible for a work permit or employment authorization document (EAD) while your application is being processed.

Conclusion

Obtaining a green card in the USA without marriage is possible, but it can be a complex and challenging process. By understanding the different categories of non-marriage-based green cards, meeting the eligibility requirements, and following the proper application procedures, you can increase your chances of success. Whether you’re seeking a green card through employment, family ties (excluding marriage), investment, or other special categories, it’s essential to work closely with an experienced immigration attorney and prepare thoroughly for every step of the process. With patience, perseverance, and a solid application, you can pursue your dream of lawful permanent residency in the United States.