For many aspiring immigrants, obtaining a “Green Card” is the ultimate goal for living and working in the United States. Officially known as a Lawful Permanent Resident (LPR) Card (Form I-551), this card signifies the holder’s right to live and work permanently anywhere in the U.S.
Holding a Green Card comes with significant benefits: the stability of permanent residency, the ability to travel internationally and return, the capacity to sponsor certain family members for their own Green Cards, and, after meeting residency and other requirements, the opportunity to apply for U.S. citizenship.
But how does one actually obtain this coveted status? As of May 2025, the U.S. immigration system provides several established pathways. This guide from the Law Firm of Tammy Jacinto explores the most common routes to achieving lawful permanent residence.
1. Green Card Through Family Sponsorship
Family reunification remains a primary way individuals obtain Green Cards. U.S. citizens can file immigrant petitions for:
- Spouses
- Children (unmarried under 21, married, and unmarried over 21)
- Parents (if the U.S. citizen sponsor is 21 or older)
- Siblings
Lawful Permanent Residents (current Green Card holders) can petition for:
- Spouses
- Unmarried children (under and over 21)
- The Process: It typically begins with the U.S. citizen or LPR sponsor filing Form I-130, Petition for Alien Relative.
- Visa Availability: For “Immediate Relatives” of U.S. citizens (spouses, unmarried children under 21, and parents), an immigrant visa number is considered immediately available once the I-130 petition is approved. For relatives in the “Family Preference Categories” (like adult children, siblings, or relatives of LPRs), visa availability is limited by annual quotas. These applicants must wait for their petition’s filing date (the “priority date”) to become current on the Department of State’s Visa Bulletin before they can apply for the Green Card itself. Waiting times can vary greatly.
2. Green Card Through Employment
Foreign nationals with specific job skills, education levels, professional achievements, or significant investments may qualify for permanent residence through various employment-based (EB) categories.
- Common Categories:
- EB-1: Priority Workers (persons of extraordinary ability, outstanding professors/researchers, certain multinational executives/managers).
- EB-2: Professionals holding advanced degrees or persons of exceptional ability (sometimes eligible for a National Interest Waiver, bypassing the typical labor certification requirement).
- EB-3: Skilled workers, professionals holding bachelor’s degrees, and other workers.
- EB-4: Certain “Special Immigrants” (e.g., religious workers, certain long-term U.S. government employees abroad).
- EB-5: Investors making a significant capital investment in a U.S. enterprise that creates jobs for U.S. workers.
- Employer Sponsorship & Labor Certification (PERM): Many employment-based Green Cards, especially in the EB-2 and EB-3 categories, require a permanent job offer from a U.S. employer. The employer often must first complete the PERM labor certification process with the Department of Labor, demonstrating they tested the U.S. labor market and could not find a qualified, willing, and available U.S. worker for the position. However, some pathways, like EB-1A (Extraordinary Ability) or EB-2 with a National Interest Waiver, allow individuals to self-petition without a specific job offer or PERM.
3. Green Card for Refugees and Asylees
Individuals who were granted asylum status while physically in the U.S. or who were admitted to the U.S. as refugees have a direct pathway to permanent residence. Generally, after maintaining their status and being physically present in the U.S. for one year following the grant of asylum or admission as a refugee, they become eligible and are often required to apply for a Green Card via Adjustment of Status.
4. Other Paths to a Green Card
While less common, several other important avenues to permanent residence exist:
- Diversity Immigrant Visa Program: Winners selected in the annual “Green Card Lottery” can apply for an immigrant visa abroad or adjust status if already legally in the U.S., receiving a Green Card upon successful processing.
- Special Immigrant Categories: Beyond EB-4 religious workers, this can include paths for certain qualifying juveniles (SIJS), certain Afghan or Iraqi nationals who assisted the U.S. government, and others.
- VAWA Self-Petition: Under the Violence Against Women Act, abused spouses, children, and parents of U.S. citizens or LPRs may be able to self-petition for a Green Card without the abuser’s knowledge or participation.
- Registry: A rare provision allowing certain individuals who have continuously resided in the U.S. since before January 1, 1972, to apply for a Green Card.
How Do You Actually Get the Green Card? Adjustment of Status vs. Consular Processing
Once eligibility for a Green Card is established (e.g., through an approved petition like I-130 or I-140, and a current priority date if required), the final step is applying for the Green Card itself. This generally happens in one of two ways:
- Adjustment of Status (AOS): If you are already physically present in the United States in a valid status (or qualify under certain exceptions), you may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, without leaving the country. Eligibility often requires a lawful entry and continuous maintenance of status, but important exceptions exist, particularly for immediate relatives of U.S. citizens.
- Consular Processing: If you are outside the United States when your immigrant visa becomes available, or if you are in the U.S. but ineligible for AOS, you will typically apply for an immigrant visa through a U.S. consulate or embassy in your home country. This process is managed by the Department of State’s National Visa Center (NVC) after USCIS approves the initial petition. Upon approval of the immigrant visa and your entry into the U.S., you become a Lawful Permanent Resident.
Conclusion: A Significant Step Requiring Careful Navigation
Obtaining a Green Card is a major life achievement, opening doors to long-term stability and opportunity in the United States. As this overview demonstrates, the pathways are varied, and the best route depends entirely on your unique background, family relationships, employment situation, and immigration history. Successfully navigating the specific requirements, extensive documentation, and detailed procedures for each path requires careful planning and expert execution.
Are you seeking U.S. permanent residence?
The process can seem daunting, but you don’t have to face it alone.
If you are in La Quinta, CA or close to the 92253 zip code, contact the Law Firm of Tammy Jacinto today at 760-388-5477 or visit our website at tammyjacintolaw.com to contact us.