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How to get a green card
2024
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Summary

The ultimate green card guide

The U.S. immigration system is an enormous bureaucracy, so it's vital that you understand it before attempting to apply for a green card. Making a mistake can lead to delays and hassles or even ruin your chances for success.

How to Get a Green Card provides everything you need to know about qualifying for permanent U.S. residence if you don't have an employer sponsoring you.

Find out how to work with U.S. officials and prepare and present the right documents at the right time to get a green card through:

parents, siblings, or adult children a U.S. spouse or fiancé green card lotteries (diversity visa) political asylum or refugee status a U visa for crime victims, or another category you might qualify for. The 16th edition covers the latest income requirements for family-based green card applicants, additions to the list of countries whose citizens may obtain Temporary Protected Status, and more.
Table of Contents
Your Immigration Companion1
ATypes of Green Cards We Cover2
BHow Much You Can Do Without a Lawyer2
CUsing This Book3
1All Ways to Get a Green Card5
AFamily-Based Relationships7
BEmployment-Based Relationships7
CSpecial Immigrants9
DEntrepreneur Immigrants9
EAsylum and Refugee Status9
FDiversity Visa Lottery10
GAmnesties10
HPrivate Bills10
2Short-Term Alternatives to a Green Card11
AHow Do Foreign Nationals Enter the United States?12
BTypes of Visas12
CTourists Who Can Visit Without a Visa15
DThe Importance of Staying Legal17
EHow to Extend a Visitor Visa17
FChanging Your Reason for Staying18
GWhat to Do If USCIS Denies Your Extension Application18
HTips on Filling Out Form I-53919
3Will Inadmissibility Bar You From Getting a Green Card?21
AWhat Is Inadmissibility?22
BThe Possibility of Waiving Inadmissibility22
CMost Troublesome Grounds of Inadmissibility22
DReversing an Inadmissibility Finding32
4How Long You'll Have to Wait39
AImmediate Relatives of U.S. Citizens: No Waiting for Eligibility41
BRelatives in Preference Categories: Longer Waits41
CDealing With the Wait42
DCan You Predict How Long You'll Wait?43
ERevocation of a Petition or Application47
5Fiancé(e) Visas49
AWho Qualifies for a Fiancé Visa50
BQuick View of the Fiance Visa Application Process51
CDetailed Instructions for the Fiance Visa Application Process52
DHow to Bring Your Children on a Fiancé Visa57
EMarriage and After58
6Green Cards Through Marriage59
AWho Qualifies for Marriage-Based Lawful Permanent Residence60
BSpecial Rules in Court Proceedings61
CQuick View of the Marriage-Based Green Card Application Process62
DDetailed Instructions for the Marriage-Based Green Card Application Process64
EBringing Your Children70
FIf Your Marriage Is Less Than Two Years Old72
GIf You Marry Again74
HCommon Questions About Marriage and Immigration74
7Your Parents as Immigrants77
AWho Qualifies to Petition for Parents78
BWho Qualifies as Your Parent79
CQuick View of the Application Process80
DDetailed Instructions for the Application Process81
8Child Immigrants85
AWho Qualifies86
BDefinition of "Child"87
CQuick View of the Application Process91
DDetailed Instructions for the Application Process91
EAutomatic Citizenship for Some Children93
9Orphan Immigrants in Non-Hague Convention Countries95
AWho Qualifies as an Orphan Child97
BWho Can Petition for an Orphan Child97
CPreadoption Requirements98
DStarting the Adoption Process98
EAfter the Petition Is Approved100
FFiling for an Immigrant Visa101
GAutomatic Citizenship for Adopted Orphans101
10The Diversity Visa Lottery103
AWho Qualifies for the DV Lottery105
BHow to Apply for the DV Lottery106
CAfter You Win-The Green Card Application108
DHow to Bring Your Spouse and Children110
11Your Brothers and Sisters as immigrants111
AWho Counts as Your Brother or Sister112
BQuick View of the Application Process113
CDetailed Instructions for the Application Process114
DWhat Happens After Filing Form I-130115
12Refugees and Asylees117
AWho Qualifies119
BWho Is Barred From Qualifying121
CHow to Apply for Refugee Status123
DHow to Apply for Asylum124
EIf Your Asylum Application Is Denied129
FAsylees Can Bring Overseas Spouses and Children to the United States129
GGetting a Green Card After Asylum Approval or Refugee Entry130
HRevocation of Asylee Status131
ITemporary Protected Status (TPS)131
JDeferred Enforced Departure (DED)134
13Military Veterans and Enlistees135
AWhich Military Members Qualify to Apply for Citizenship Without a Green Card136
BWhich Military Members Qualify for U.S. Permanent Residence136
14Cancellation of Removal: Do 10 Illegal Years Equal One Green Card?141
AApplying in Immigration Court Proceedings142
BWho Qualifies for Cancellation of Removal142
CWho Isn't Eligible for Cancellation143
DPreparing a Convincing Case143
EHow to File146
FApproving Your Application147
GAdditional Types of Cancellation of Removal147
15Adjustment of Status149
AWho Is Allowed to Use the Adjustment of Status Procedure150
BPeople Who Can't Adjust Status at All154
CHow to File to Adjust Status155
DAfter You Apply to Adjust159
EInterview and Approval160
6Consular Processing for an Immigrant Visa165
AHow an Immigrant Visa Case Gets to the U.S. Consulate167
BForms and Documents You'll Need to Provide169
CAttending Your Visa Interview.170
DApproval of Your Immigrant Visa172
EArriving in the United States172
17Deferred Action for Childhood Arrivals173
AWho Are the DREAMers?174
BHow to Renew DACA174
18U Visas for Crime Victims Assisting Law Enforcement179
AWho Is Eligible for a U Visa or Status180
BHow to Apply for a U Visa or Status184
CYour Legal Status White U Visa Is Pending187
DGreen Card Possibilities After U Visa Approval188
19Acquiring Citizenship Through U.S. Citizen Parents193
AWho Qualifies for Acquisition of U.S. Citizenship194
BObtaining Proof of U.S. Citizenship197
CDual Citizenship Between United States and Other Countries198
20Filling Out and Submitting Immigration Applications199
ADon't Give False Answers200
BGet the Latest Government-Issued Forms and Fee Amounts200
CTips for Filling Out Immigration Forms201
DWhen Additional Proof Is Required202
ESubmitting Photographs for Identification206
FFingerprinting Requirements207
GKeep Your Own File207
HTips for Filing Immigration Applications207
21Tracking Your Application Through the System211
AUnderstanding U.S. Government Culture212
BHow to Track Your Application Online212
CWhat to Do When Things Go Wrong213
DInquiring About Delays214
ESpeeding Up Processing in Emergencies215
FReporting Wrongdoing216
22Keeping, Renewing, and Replacing Your Green Card219
ARenewing or Replacing Your Green Card220
BWhen U.S. Immigration Authorities Can Take Away Your Card221
CPlanning to Apply for U.S. Citizenship224
23How to Find and Work With a Lawyer225
AWhere to Look for a Lawyer226
BDeciding on a Particular Lawyer227
CPaying the Lawyer228
DManaging the Lawyer229
EFiring a Lawyer230
Appendix
How to Access the Sample Filled-In Forms on the Nolo Website233
List of Sample immigration Forms Available on the Nolo Website234
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