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.
- Employment-based categories for workers, scholars, and investors.
- Humanitarian programs cover asylum, refugee status, and other protections.
- A lottery system awarding Diversity Visas each year.
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.
Immediate Relatives
U.S. citizens can sponsor certain close family members, provided the sponsoring citizen meets the age requirement of 21 or older to petition for parents. Likewise, unmarried children under 21 are considered immediate relatives and are not bound by annual quotas.
Family Preference Categories
Beyond immediate relatives, there are preference categories subject to yearly limits and possible wait times. The four preference levels are:
- F1: Unmarried adult children (21 or older) of U.S. citizens.
- F2A: Spouses and unmarried children under 21 of lawful permanent residents.
- F2B: Unmarried adult children of lawful permanent residents.
- F3: Married children of U.S. citizens (any age).
- F4: Siblings of U.S. citizens (if the citizen is 21 or older).
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, so changes can happen each year.
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.
Family-based avenues can be significant for many individuals. Yet, even if you do not have relatives in the U.S., there are still employment-based options and other programs to consider.
Employment-Based Green Cards
A portion of U.S. immigrants secure green cards through employment. When a worker has particular skills, training, or achievements, they can often acquire sponsorship or meet criteria on their own.
Common employment-based categories include:
EB-1, EB-2, and EB-3 Visas
EB-1 caters to those with high-level achievements in fields such as the arts, sciences, or education, as well as certain executives and researchers. Some EB-1 applicants can “self-petition” if they can show extraordinary ability.
EB-2 covers individuals with advanced degrees or those able to show outstanding professional ability. In most cases, a sponsoring employer is required, along with a labor certification from the Department of Labor.
EB-3 qualifies skilled workers and professionals, as well as other workers in positions needing less specialized training. An offer of employment and labor certification are often required.
EB-4 Visas (Special Immigrants)
EB-4 visas address a narrow set of conditions, such as religious workers and Special Immigrant Juveniles (SIJ). People receiving SIJ classification have encountered abuse or neglect, and they must secure a relevant court order before petitioning.
EB-5 Visas (Immigrant Investors)
For those looking to invest in U.S. enterprises, EB-5 can be an option. The threshold ranges from $800,000 to $1,050,000 if investing in a targeted area designated by the government. This investment must support at least 10 full-time jobs for U.S. workers in a new commercial enterprise. If you qualify, EB-5 can yield conditional permanent residence, which may become permanent if the investment remains valid and job-creation benchmarks are met.
Employment-based options span a broad set of backgrounds. Whether you excel in your profession, hold advanced academic credentials, or can invest in job-generating ventures, an employment route may be what you need.
Humanitarian-Based Green Cards
Individuals who have fled persecution, survived certain crimes, or faced dire hardship may qualify for a green card under humanitarian provisions. These aim to protect those at risk.
Examples include:
- Asylum for those afraid of returning to their home country over threats based on race, religion, nationality, or other grounds.
- Refugee status for individuals living abroad who fear harm if they return home.
- Special Immigrant Juvenile Status for minors who faced abuse or have no reliable parental care.
- S visas for certain witnesses or informants assisting law enforcement.
- T visas for victims of human trafficking.
- U visas for crime victims experiencing physical or mental damage who cooperate with authorities.
Refugee admissions have an annual ceiling. Asylees, in contrast, can apply for a green card after maintaining asylum status for the required time.
Diversity Visa Lottery
Each year, the U.S. government selects up to 50,000 applicants through a randomized Diversity Visa program. This program is open to entrants from countries with historically lower levels of immigration to the United States. Those chosen must satisfy certain education or experience requirements and file during specific registration windows. Although it is entirely random, it has paved the way for tens of thousands of people to earn permanent residency over the years.
Before pursuing the lottery, be sure to gather proper documentation and confirm that your home country qualifies for that year’s draw. If selected, you continue with the consular process or adjustment steps leading up to your green card.
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, employment-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 210-972-4480 or visit our Contact Page.