Different Types of Green Cards, Which One Do I Need? | Silver Immigration

Different Types of Green Cards: Your Comprehensive Guide to Eligibility & Application

October 12, 2022 - by matthewsilverimm

The United States has long been a beacon for those seeking new opportunities and a better life. Each year, nearly 1 million individuals achieve the “American Dream” by receiving a Green Card, officially known as a Permanent Resident Card. With numerous Green Card categories available, understanding which Green Card you need can feel overwhelming. This guide will clarify the types of Green Cards, their eligibility requirements, and crucial information to help you navigate the process.

What Are Green Cards?

A Green Card is a legal document that grants foreign nationals permanent resident status in the United States. This status allows you to live and work anywhere in the U.S. indefinitely, provided you maintain your residency requirements. There are several immigrant visa categories under which you can obtain a Green Card, with the most common being family-based, employment-based, humanitarian, and the diversity lottery.

Understanding the Main Green Card Categories

Let’s delve into the primary types of Green Cards to help you determine which one might be suitable for your situation.

1. Family-Based Green Cards

This Green Card allows eligible immediate family members of U.S. citizens and lawful permanent residents (Green Card holders) to become permanent residents themselves based on their family relationships. If you are the immediate relative of a U.S. citizen or permanent resident, a family-based Green Card may be your best option.

Who is eligible?

  • Immediate Relatives of U.S. Citizens:
    • Spouses (IR1/CR1)
    • Unmarried children under 21 (IR2/CR2)
    • Parents (IR5) (if the U.S. citizen is 21 or older)
    • Widows and widowers of U.S. citizens (IR0/CR0)
    • These categories typically do not have a visa waiting list, meaning processing can be faster.
  • Family Preference Categories (for U.S. Citizens & Permanent Residents):
    • First Preference (F1): Unmarried sons and daughters of U.S. citizens (21 years old or older).
    • Second Preference (F2A): Spouses and children (unmarried, under 21) of lawful permanent residents.
    • Second Preference (F2B): Unmarried sons and daughters (21 years old or older) of lawful permanent residents.
    • Third Preference (F3): Married sons and daughters of U.S. citizens.
    • Fourth Preference (F4): Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years old or older).
    • These categories have annual numerical limits and often involve waiting lists, so the processing time can be longer.
  • Who can sponsor me for a Green Card? Only a qualifying U.S. citizen or lawful permanent resident can sponsor family members for a Green Card. This sponsorship is based on the family relationship as outlined above.

2. Employment-Based Green Cards

For foreign nationals seeking to contribute to the U.S. economy through work, the employment-based Green Card is a viable pathway. These Green Cards are generally for highly skilled workers, professionals, and investors who can demonstrate a high level of expertise or make significant contributions.

The main sub-categories of employment-based Green Cards include:

  • First Preference (EB-1): For individuals with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and multinational managers or executives.
  • Second Preference (EB-2): For professionals holding advanced degrees (or their foreign equivalent) or individuals with exceptional ability in the sciences, arts, or business. This category often requires a job offer and a Labor Certification, though a National Interest Waiver (NIW) can sometimes bypass this for those whose work is in the U.S. national interest.
  • Third Preference (EB-3): For skilled workers (requiring at least two years of experience or training), professionals (requiring a bachelor’s degree), and other workers (for performing unskilled labor requiring less than two years of training or experience).
  • Fourth Preference (EB-4): For “special immigrants,” including religious workers, broadcasters, Iraqi/Afghan translators, certain physicians, and others.
  • Fifth Preference (EB-5): For immigrant investors who make a significant capital investment in a new commercial enterprise in the U.S. that creates or preserves at least 10 full-time jobs for U.S. workers.

To apply for an employment-based Green Card, you must generally prove that your skills or investment will benefit U.S. society. More detailed Green Card requirements for each specific category can be found on the official U.S. Citizenship and Immigration Services (USCIS) website.

3. Humanitarian Green Cards

If you entered the U.S. seeking refuge from persecution due to religion, civil unrest, political opinion, or other social factors, you might be eligible for a humanitarian Green Card. This category includes refugees and asylees who have been granted protection in the U.S. in the U.S. for at least one year.

The application process for humanitarian Green Cards can be intricate and emotionally challenging. An experienced immigration lawyer can provide essential guidance through the complexities, helping to gather necessary documentation and increasing your likelihood of success.

4. Diversity Lottery Green Cards

Established by the U.S. government in 1990, the Diversity Immigrant Visa Program (DV Lottery) aims to increase the diversity of the immigrant population in the United States. Each year, 50,000 Green Cards are issued through a lottery system to applicants from countries with historically low rates of immigration to the U.S.

If you are a native of a country on the eligible list (which changes annually), submitting an application during the designated registration period could offer you a unique pathway to permanent resident status.

Key Questions About Green Cards Answered

What qualifies a person for a Green Card? / Who is eligible to get a Green Card?

Eligibility for a Green Card is determined by your individual situation. Generally, you qualify through:

  • Family sponsorship: Being an immediate relative of a U.S. citizen or a specific family preference category.
  • Employment: Having a job offer in the U.S. that qualifies under an employment-based visa category (often requiring specific skills, education, or investment).
  • Humanitarian grounds: Being a refugee or asylee.
  • Diversity Lottery: Being selected through the annual Diversity Visa Lottery.
  • Special Categories: Other less common routes exist, such as for certain special immigrants or victims of crime.

What are the requirements for applying for a Green Card?

While specific requirements vary by category, common requirements include:

  • A qualifying basis: A family relationship, job offer, refugee/asylee status, or Diversity Visa lottery win.
  • Immigrant petition: An approved petition (e.g., Form I-130 for family, Form I-140 for employment) filed by a sponsor or yourself.
  • Adjustment of Status (if in the U.S.) or Consular Processing (if outside the U.S.): Filing Form I-485 for adjustment of status or going through an interview at a U.S. embassy or consulate abroad.
  • Medical Examination: A medical exam by a USCIS-approved civil surgeon.
  • Affidavit of Support (for family-based): Your sponsor must demonstrate financial ability to support you.
  • Admissibility: You must be admissible to the U.S., meaning you don’t fall under categories that make you ineligible (e.g., certain criminal histories, health issues, or past immigration violations).

What are the conditions of having a Green Card?

Green Card holders enjoy many rights but also have responsibilities:

  • Permanent Residence: You can live and work permanently anywhere in the U.S.
  • Maintain Residency: You must intend to make the U.S. your permanent home. Extended periods outside the U.S. (generally over 6 months, and especially over 1 year) can jeopardize your status.
  • Obey All Laws: You must comply with all federal, state, and local laws.
  • File Taxes: You must file U.S. income tax returns.
  • Register with Selective Service: Males aged 18-25 must register.
  • Carry Your Green Card: You must carry valid proof of your permanent resident status at all times.

Who is not eligible for a Green Card?

Even if you meet a general eligibility category, you might be deemed “inadmissible” and ineligible for a Green Card due to:

  • Health-related grounds: Communicable diseases, certain physical or mental disorders, or drug abuse.
  • Criminal grounds: Convictions for certain crimes (e.g., drug trafficking, crimes involving moral turpitude).
  • Security grounds: Involvement in terrorist activities or posing a threat to national security.
  • Public Charge grounds: Being deemed likely to become primarily dependent on government assistance.
  • Immigration violations: Previous deportations, unlawful presence, or material misrepresentations on applications.
  • Lack of documentation/evidence: Failing to provide required supporting documents.

Green Cards for Canadian Citizens: Specific Considerations

Can a Canadian get a Green Card? / How can a Canadian get a US Green Card?

Yes, absolutely! Canadian citizens can obtain a U.S. Green Card through the same primary categories as citizens of other countries: family-based, employment-based, humanitarian, and the Diversity Lottery. The process for Canadians is generally the same.

  • For Canadians already in the U.S.: If you are lawfully present in the U.S., you may be able to apply for a Green Card through “Adjustment of Status” (Form I-485).
  • For Canadians outside the U.S.: You would typically apply through “Consular Processing” at a U.S. Embassy or Consulate in Canada.

Can Canadian citizens live in the USA?

Canadian citizens can live in the USA. For temporary stays, there are various non-immigrant visas (like visitor visas, student visas, or work visas such as the TN (Trade NAFTA) visa for professionals). To live permanently, a Green Card is required.

Is it worth moving to the USA from Canada?

This is a personal decision. The USA offers:

  • Diverse job opportunities: Especially in sectors like technology, finance, healthcare, and entertainment, often with potentially higher salaries.
  • Economic freedom: A large, dynamic market with various business opportunities.
  • Cultural diversity: A vast and varied landscape with different cultures and climates.

However, consider factors like healthcare systems (employer-provided vs. Canada’s public system), cost of living differences, and tax implications before making a decision.

How many years do you need to live in the US to get a Green Card?

There isn’t a specific number of years you “need to live” in the U.S. before applying for a Green Card. Eligibility is based on the categories mentioned above (family, employment, etc.). However, once you have a Green Card, you typically need to reside in the U.S. for a certain period (e.g., 3 or 5 years) and meet other criteria before you can apply for U.S. citizenship through naturalization.

Green Card Costs and Processing Times

How much is a Green Card? / How expensive is a Green Card? / Do you need money for a Green Card?

The cost of a U.S. Green Card involves various government filing fees, which can change. As of early 2025 (and subject to updates), typical fees include:

  • USCIS Filing Fees:
    • Form I-130 (Petition for Alien Relative): $675 (paper filing)
    • Form I-485 (Application to Register Permanent Residence or Adjust Status): $1,440 (for most adults, includes biometrics)
    • Form I-140 (Immigrant Petition for Alien Worker): $715
    • USCIS Immigrant Fee (paid after visa approval, before travel): $235
    • Form I-751 (Petition to Remove Conditions on Residence): $750
  • Other Potential Costs:
    • Medical Examination: Varies by doctor, typically $150-$600.
    • Legal Fees: If you hire an immigration lawyer (highly recommended due to complexity), fees can range from a few thousand dollars to significantly more, depending on the case.
    • Supporting Documents: Costs for obtaining birth certificates, marriage certificates, translations, etc.

So, yes, you do need money for a Green Card, primarily for government filing fees and potentially legal assistance.

What is the current wait time for a Green Card? / How long is it currently taking to get a Green Card?

Green Card processing times vary significantly based on the category, the specific USCIS service center or field office handling your case, and your country of origin (due to visa bulletin backlogs for some categories).

  • Fastest Routes:
    • Immediate Relatives of U.S. Citizens: These generally have the fastest processing times as there are no annual numerical limits. If adjusting status within the U.S., it can be under a year in some cases after the initial petition is approved.
    • EB-5 Investor Visa: While requiring a substantial investment, EB-5 can sometimes be one of the quicker employment-based routes because it doesn’t always require a Labor Certification.
    • Diversity Lottery: If selected, this is a relatively fast process to obtain a Green Card.
    • Premium Processing (for certain employment petitions): For an additional fee, USCIS offers expedited processing for some forms (like Form I-140) within 15 calendar days.
  • General Estimates (subject to change – check USCIS website for most current data):
    • Family-Based (Immediate Relative I-130): Around 14.4 months for U.S. citizen sponsors (as of early 2025).
    • Family-Based (I-485 Adjustment of Status): Around 9.5 months.
    • Employment-Based (I-140): Around 7.6 months (regular processing).
    • Employment-Based (I-485 Adjustment of Status): Around 6.9 months.
    • EB-2 Green Card Wait Time: The overall wait time for an EB-2 Green Card depends on your country of chargeability and the visa bulletin. While the I-140 petition itself might be processed relatively quickly, the availability of a visa number can add years for individuals from high-demand countries like India or China.

Which state is fastest for Green Card processing?

Processing times can vary by USCIS field office (which are tied to your geographic location for Adjustment of Status cases) and service center. States with lower immigrant populations or less demand for Green Cards might sometimes experience slightly faster processing, but USCIS aims for national consistency. It’s more about the specific workload of individual offices rather than a definitive “fastest state.” The most crucial factors remain your eligibility category and country of origin.

Is it hard to get a Green Card now?

The difficulty of getting a Green Card depends entirely on your eligibility category and individual circumstances. For those with a clear path (e.g., immediate relatives of U.S. citizens), it can be a relatively straightforward, though bureaucratic, process. For others, particularly those from countries with high demand in certain visa categories or those facing inadmissibility issues, it can be quite challenging and require significant time and legal expertise.

Are You Looking for an Immigration Lawyer to Help Navigate the Green Card Process?

The journey to obtaining a Green Card can be complex, with specific requirements and lengthy procedures for each category. Understanding which Green Card you need and successfully completing the Green Card application process often requires professional guidance.

If you have questions about Green Card eligibility, the application process, how Canadian citizens can get a US Green Card, or need assistance with your case, 

Not sure about the best green card for you? The team at Silver Immigration can help. We have years of experience helping clients achieve their immigration dreams. Contact us at 1 (888) 799-4769 or complete our contact form to request a free consultation.