Ways to Obtain a Green Card Without Getting Married
Have you ever wondered if marriage is the only avenue for securing permanent residence in the United States? You’ve probably heard about spouses and fiancé(e)s receiving green cards, but other options are widely available as well.
Wogwu Law, PLLC, provides caring support for immigrants of varied backgrounds with personal stories of navigating the immigration system. This guide explains several ways to pursue a green card without relying on a marital connection.
Overview of Non-Marriage-Based Green Card Options
The path to a green card does not hinge solely on marriage. Several categories exist that grant lawful permanent residence and the chance to build a future in the United States.
These pathways include:
- Family-based preferences outside of the spousal route.
- Humanitarian protection through asylum, available to individuals who fear persecution in their home country based on specific protected grounds.
Each of these approaches can lead to long-term residence, so it is important to select the category that best fits your situation.
Family-Based Green Cards Through Qualifying Relatives
Even if marriage is not part of your plan, you may still have relatives in the United States who can file on your behalf. The immigration law offers several paths for parents, children, and siblings to seek permanent residency, commonly known as a Green Card.
The process involves a U.S. citizen or lawful permanent resident (LPR) petitioning for their foreign national relative, followed by the foreign national applying for the Green Card either within the U.S. (adjustment of status) or abroad (consular processing).
Immediate Relatives: Unlimited Visas, Faster Processing
U.S. citizens can sponsor certain close family members, designated as “Immediate Relatives,” who are not subject to annual numerical quotas. This means there’s no waiting period for a visa number to become available once the petition is approved, leading to generally faster processing times. The qualifying immediate relatives include:
- Spouses of U.S. Citizens: If you are married to a U.S. citizen, you are considered an immediate relative.
- Unmarried Children Under 21 of U.S. Citizens: Children who are unmarried and under the age of 21 are also immediate relatives. The Child Status Protection Act (CSPA) can “freeze” the age of children in certain circumstances, which is crucial as turning 21 generally moves them into a preference category with potential wait times.
- Parents of U.S. Citizens: A U.S. citizen must be 21 years of age or older to petition for their parents.
The primary advantage of the immediate relative category is the absence of visa backlogs, meaning the wait time is primarily for processing the petition and the Green Card application itself.
Family Preference Categories: Subject to Numerical Limits and Wait Times
Beyond immediate relatives, there are “Family Preference Categories” that are subject to yearly numerical limits. This means that even after a petition is approved, there may be a waiting period for a visa number to become available. These categories are prioritized in the following order:
- F1: Unmarried Adult Children (21 or older) of U.S. Citizens.
- F2A: Spouses and Unmarried Children Under 21 of Lawful Permanent Residents (LPRs). This category receives 77% of the total F2 visas, with 75% being exempt from the per-country limit, generally resulting in shorter wait times compared to F2B.
- F2B: Unmarried Adult Children (21 or older) of Lawful Permanent Residents (LPRs). This category receives the remaining 23% of F2 visas.
- F3: Married Children of U.S. Citizens (any age). This category also includes their spouses and minor children (derivatives).
- F4: Siblings of U.S. Citizens (if the U.S. citizen is 21 or older). This category also includes their spouses and minor children (derivatives).
These preferences have numerical caps that affect the waiting periods for a visa. Any unused Green Cards may be reallocated from one category to another in subsequent years, so cut-off dates can change each month.
VAWA Self-Petitioning
VAWA (Violence Against Women Act) allows certain individuals who have suffered battery or extreme cruelty at the hands of a U.S. citizen or lawful permanent resident relative to petition on their own. This includes those abused by a spouse, parent, or child with status in the U.S. It offers a route to obtain permanent residence without relying on the abuser for sponsorship.
Take the First Step Towards Your Green Card: Contact Wogwu Law, PLLC
Exploring permanent residence should not feel overwhelming. Wogwu Law of San Antonio stands ready to offer insight into family-based and humanitarian visas and help you apply for a green card or explore visa options for your loved ones, all with a personalized approach.
If you have questions or wish to review your path, call us today at 919-964-5472 or visit our Contact Page..
