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Permanent Residence

Green Card categories explained and eligibility for family-based petitions. Free consultations.

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Permanent Residence

Green Cards—also known as permanent resident cards—allow people to live and work permanently in the United States. There are a number of eligibility categories. Here are the most common:

  • Green Card through Family

  • Green Card through Employment

  • Green Card as a Special Immigrant

  • Green Card through Refugee or Asylee Status

  • Green Card for Human Trafficking and Crime Victims

  • Green Card for Victims of Abuse

At Martinez Immigration Law PLLC we have experience helping clients become permanent residents in all these categories. Currently in the United States, Green Cards are most often granted through the first category—Green Card through Family.

These family-based petitions can be divided into two groups:

1.    Immediate Relative Categories:

  • spouses of U.S. citizens

  • unmarried children under 21 of U.S. citizens

  • orphans adopted abroad

  • orphans to be adopted in the U.S., by U.S. citizens

  • parents of U.S. citizens who are at least 21 years old

2.    Family Preference Categories:

  • unmarried sons and daughters of U.S. citizens, their
    spouses and their children

  • spouses, minor children and unmarried sons and daughters
    over 21 of LPRs (lawful permanent residents)

  • married sons and daughters of U.S. citizens and their
    spouses and minor children

  • brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years old.

What is the main difference between the two? There is no limit to the number of green cards the USCIS grants in a year to petitions of Immediate Relative Categories. But there is a limit to how many people can become lawful permanent residents through the Family Preference Categories. USCIS has caps for each category and can only grant a specific number of each in one year. As a result, wait times for family preference categories are generally much longer than for immediate relative categories.

Relatives that can’t be petitioned for in either category include grandparents, aunts, uncles, and cousins.

Contact Martinez Immigration Law PLLC for a free consultation. We can help guide you along your family’s path to citizenship.