(CNN Spanish) -
Permanent residence, also known as 'Green Card', is the permit granted by the United States so that eligible immigrants can live and work legally and permanently in the United States, according to the US Government.
"In most cases, a sponsor (employer or family member) is the one who applies for permanent residence or 'Green Card' in favor of another person," says the US Government.
However, these are not the only ways to request it.
Next, we tell you what your options are to be eligible when applying for permanent residence in the United States.
Categories to be eligible for residency
Family green card
1. Direct relative of a US citizen
Eligible for this category are immediate family members of a US citizen such as a spouse, unmarried children under 21 years of age, or parents of a US citizen who is at least 21 years of age.
These relatives, says the US Government, "will always have a visa number immediately available."
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The first step in these cases is that the US citizen must file the 'Form I-130, Petition for Alien Relative', which you can fill out online at this link.
It should be noted that, to submit this form for immediate family members, you must first create an account with the United States Citizenship and Immigration Services (USCIS).
You will find all the instructions to create your account in this link.
If your immediate family member already lives in the United States, you can fill out, at the same time as the previous form, the 'Form I-485, Application for Registration of Permanent Residence or Adjustment of Status', of which you can find all the details here , from costs and delivery formats to addresses of the places to present it.
If your immediate family member does not live in the United States, you must wait for Form I-130 to be approved and then continue with the process using Form I-485.
2. Non-immediate relatives of a US citizen or lawful permanent resident
Children over the age of 21, single or married, of US citizens are also eligible;
the siblings of a US citizen who are at least 21 years of age;
spouses of lawful permanent residents;
children under the age of 21 of legal permanent residents;
and unmarried children, regardless of age, of legal permanent residents who are at least 21 years of age.
In these cases, two steps must be followed.
The first is that the non-immediate relative must file the 'Form I-130, Petition for Alien Relative'.
You can do it online here.
As in the case of immediate family members, an account must first be created with the USCIS to file Form I-130.
Follow these instructions to make the process easier.
The second step is for the US citizen or legal permanent resident to fill out Form I-485.
All the details of this step are here.
The foregoing applies to non-immediate family members residing in the United States.
In cases where the non-immediate relative lives abroad, they must first fill out Form I-130.
If approved, the National Visa Center will contact the family member to provide additional information.
For all cases at this point, the US Government will give the following preference:
First Preference (F1): Sons and daughters of US citizens, who are unmarried and 21 years of age or older.
Second Preference (F2A): Spouses and children (unmarried, under 21 years of age) of lawful permanent residents.
Second Preference (F2B): 21-year-old unmarried sons and daughters of lawful permanent residents.
Third (F3): married sons and daughters of US citizens.
And the fourth preference (F4): brothers and sisters of US citizens if the US citizen is 21 years of age or older.
In cases of non-direct relatives, permanent residence can be denied.
For all the information on vetoes, illegibility and causes of inadmissibility, see the following link.
3. Fiancée (and their children) of a US citizen
At this point, these cases will be taken into account:
Person admitted to the US as the fiancé (e) of a US citizen (K-1 nonimmigrant visa).
Person admitted to the United States as the child of a fiancé (e) of a United States citizen (K-2 nonimmigrant visa).
Residency can be applied for if both persons are legally free to marry and plan to do so within 90 days after the fiancé is admitted to the United States.
Or it can also be requested if both of you have known each other in person for the two immediate years since you submitted this request.
This requirement is stricter, so it can be skipped in the following cases:
The requirement to meet your fiancé in person would violate the strict and long-established customs of your fiancé's foreign culture or social practices, and that every aspect of the traditional arrangements has been or will be fulfilled in accordance with customs or practices.
The requirement to meet your fiancé in person would result in extreme hardship for you.
Once the above is clear, it is necessary to fill out the 'Form I-129F, Petition for Alien Fiancé (e)'.
It must be completed and physically delivered (as well as Form I-485 in the cases of point 1 and 2 of this text).
To know the instructions, costs, where to apply, have access to the form and more details, you must access this link.
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4. Widowers of a US citizen
You can apply for permanent residence if your U.S. citizen spouse died and you were still married at the time of death.
To obtain residency, you must show that you were "legally married to the US citizen, and that you entered into the marriage genuinely (in good faith), not just to obtain the benefit of immigration," notes the US Government.
If you live within the United States, you must file the 'Form I-360, Petition for Amerasian, Widow (er), or Special Immigrant' in establishments approved by the Government.
To see both the form and the requirements and the places where you can submit it, enter this link.
You can submit, at the same time as the previous form, the 'Form I-485, Application to Register Permanent Residence or Adjust Status' in order to expedite the process.
If before the death the spouse had already submitted the 'Form I-130, Petition for Alien Relative' (which can be seen in point 1 on direct relatives), then this, regardless of whether it is approved or pending, is automatically converted on a Form I-360, so only Form I-145 would suffice.
In case you have already filed Form I-145 as part of the immediate family process, then you already need to present another document.
If you live outside the US and want to start this process, you can file Form I-360 at the US embassy or consulate that has jurisdiction over the area where you reside.
For more information on the above, you should contact the US embassy or consulate where you live.
In addition, you can review more information about consular procedures in the following link.
5. Victims of extreme cruelty or abuse by a US citizen
According to the U.S. Government, you may be eligible for this type of residency, under the Violence Against Women Act (VAWA), if you are a victim of extreme cruelty or abuse committed by:
A spouse or former spouse who is a U.S. citizen.
A parent who is a US citizen.
A son or daughter who is a US citizen.
A lawful permanent resident who is your spouse or former spouse.
Or by a parent who is a legal permanent resident.
For this process, you need to submit Form I-360, Petition for Amerasian, Widow (er), or Special Immigrant, which was already discussed in the previous point.
If a visa is immediately available due to immediate family processing, you do not have to wait for Form I-360 to be approved to begin filling out the next step, which in this case is Form I-485.
In the event that the visa is not available immediately after you fill out Form I-360, you will likely have to wait until it is to start Form I-485.
If it is, you can start with that form even if the I-360 is still in process.
Check the documents you need for this process in this link.
Work visas
6. Jobs with EB-1, EB-2 and EB-3 immigrant visas
You can apply for permanent residence if you are an immigrant worker with extraordinary abilities for the sciences, arts, education, business or sports;
outstanding researcher or professor;
or executive or manager of a multinational company.
All previous jobs come under the EB-1 immigrant visa, which is the most preferred when applying for residency.
There are also those with an EB-2 immigrant visa: foreigners who are members of the professions that require a graduate degree or have exceptional aptitude (including applications for a national interest exemption).
Those of the third preference follow, which are those with an EB-3 immigrant visa: specialized workers, professionals and other types of employees.
For these three levels of preference, it is necessary to fill out the 'Form I-485, Application to Register Permanent Residence or Adjust Status' and also reside in the United States at the time the form was submitted.
If you have your immigrant visa and file Form I-485, you can simultaneously file 'Form I-140, Petition for Alien Immigrant Worker' at this address: https://www.uscis.gov/es/i- 140.
With the above, you could submit your documentation to request permanent residence.
Which are?
Form I-485.
A copy of Form I -797, Notice of Receipt or Approval of Form I-140 filed on your behalf (unless you are filing your Form I-485 along with Form I-140).
Form I-485 Supplement J, to confirm that the job offer you were offered on Form I-140 is a
bona fide
job offer
(in good faith).
7. Doctors with national interest exemption and immigrant investors
This application applies to a doctor who agrees to work full-time in clinical practice in an area with little medical access for a specified period and who also meets other eligibility requirements, according to the US Government.
In this process, you just have to present the 'Form I-485, Application to Register Permanent Residence or Adjust Status' and follow the instructions in this link.
EB (employment-based preferential immigrant) visas also consider foreign investors for permanent residence.
In this case, they are those who have the EB-5 immigrant visa, which includes “foreigners who have invested or are in the active process of investing US $ 1 million (or US $ 500,000 in identified employment areas) in a new commercial enterprise that will benefit the US economy and create at least 10 full-time jobs for qualified employees, "says the Government.
In this link you can review the requirements that are asked for this process.
Keep in mind that, for foreign investors, they must first approve the 'Form I-526, Immigrant Petition by Foreign Investor' (find the instructions by clicking here) and that a visa is immediately available.
Once this is completed, Form I-485 can be filed.
Special cases
8. Special immigrant
At this point, it applies to the following cases:
For the person coming to the US to work as a religious worker for a religious non-profit organization.
Read more about the process here.
A minor who needs the protection of the Juvenile Court because he has been abused, abandoned or neglected by one of his parents.
For those who served as an Afghan or Iraqi translator for the US Government;
who was employed by or for the US Government in Iraq on or after March 20, 2003, for at least one year;
or who was an Afghan employed by the International Security Assistance Force.
Also for those who come to work in the United States as a member of the media of the United States Agency for Global Media (USAGM, for its acronym in English), or as a beneficiary of the USAGM.
Read more about it in this link.
Or for retired officials or employees of an eligible international organization or NATO, or is a member of the eligible family of such employee.
More information here.
9. If you are a refugee or asylee
Immigrants can have refugee status if they suffer or suffered persecution based on race, religion, nationality, or because they belong to certain social groups or hold certain political opinions, according to the USCIS.
Generally these people "are outside their countries who are unable or unwilling to return there because they fear serious personal harm."
To apply for asylum in the United States, you must "meet the refugee definition," or be in the United States or apply at a US entry gate.
Asylees can apply for a green card one year after asylum was granted.
For this, it is necessary to submit a form, the application for permanent residence or for adjustment of status.
In the case of refugees, you can consult all the information here.
As for asylees, check the requirements here.
10. Victims of human trafficking and other crimes
If you are a victim of human trafficking and have a T Nonimmigrant visa, you may be eligible to apply for permanent residence.
This type of visa "allows victims to stay in the United States and assist law enforcement authorities in the investigation or criminal prosecution of human trafficking cases," says the US Government.
Residency can be requested if the person has been in T-1 nonimmigrant status for three years and also maintained a continuous physical presence in the country during those 3 years.
“If you submit your application before meeting the three-year continuous physical presence requirement, the USCIS will deny your application unless you send a certification from the United States Attorney General indicating that the investigation or prosecution of the acts of trafficking has been completed.
To ask how to obtain this certification send an email to T-Adjustment.Cert@usdoj.gov », details the Government.
Once the above is clear, you must submit Form I-485, Application for Registration of Permanent Residence or Adjust Status and send evidence that you meet all the eligibility requirements.
Victims of other crimes who have a U nonimmigrant visa can also apply for a permanent resident card.
These people "have suffered substantial mental or physical abuse as a result of the crime," explains the US Government.
The process is different from that of victims of trafficking.
You can check it here.
11. Other cases
If you were a victim of abuse (spouse and children abused under the Cuban Adjustment Act, under the Equity in Immigration of Haitian Refugees Act or under VAWA; and abuses against minors in the status of Special Immigrant Youth) or if you continuously reside in the States United since before January 1, 1972, you can apply for permanent residence.
In addition to these two cases, there are 11 others to fall into this last category.
Check what they are and all their requirements in this link.