You can get a green card in the USA without marriage through employment, family sponsorship, humanitarian programs, investment, the Diversity Visa Lottery, or special immigrant categories.
Many dreams of getting a green card in the USA. But what if you can’t or don’t want to get married? Don’t worry; there are several ways to achieve this goal.
Have you ever heard how to get a green card in USA without marriage? Let’s explore the different paths available for you. Whether through work, family, or other special categories, you have options. It will be a different pathway to a compelling journey to becoming a permanent resident.
Paths to Getting a Green Card Without Marriage
Are you unmarried and seeking the opportunity to get a green card without marriage? So, Immigration Lawyers USA is here to guide you to succeed in your American dream.
There are several ways to get a green card without marriage. Let’s discover them!
- Employment-Based Green Cards.
- Family-Based Green Cards.
- Humanitarian Categories.
- Investment-Based Green Cards.
- Diversity Visa Lottery.
- Special Immigrant Categories.
Employment-Based Green Cards
If you have skills or a job offer in the U.S., an employment-based green card might be the right path to obtain a green card without marriage. Here are the main categories:
EB-1 Visa
The EB1 visa is a type of U.S. visa that allows highly talented or accomplished people to live and work in the United States.
Who will be Eligible for EB-1 Visa?
- Artists: Like actors, musicians, and painters who are widely recognized.
- Scientists: Those who have made significant discoveries or breakthroughs.
- Business Executives: High-ranking officials in large companies with a record of exceptional achievement.
- Athletes: Olympic medalists or world champions
Eligibility Criteria
To qualify for an EB1 visa, you must meet specific criteria:
- Awards and Recognition: You should have received significant awards, like a Nobel Prize or an Oscar.
- Published Work: You must publish articles or get mentioned in major media.
- High Salary: Earning a significantly higher salary than others in your field can qualify you.
How to Apply
- Prepare Your Documents: Obtain documentation of your accomplishments, including publications, awards, and letters of recommendation.
- File Form I-140: This is the immigration form you must submit to U.S. Citizenship and Immigration Services (USCIS).
- Wait for Approval: Once your application is reviewed and approved, you can apply for a green card.
So, if you fall into this visa category, apply for a green card without marriage. The process will be extensive if you hire a legal attorney.
EB-2 Visa
The EB-2 visa is another type of U.S. visa that allows skilled workers, professionals, and people with advanced degrees to live and work in the United States without getting married.
Who will be considered for an EB-2 Visa?
Those with advanced degrees or extraordinary talent in their field are eligible for the EB-2 visa. It is divided into two main categories.:
- Advanced Degree Professionals: This category is for people with a higher level of education, such as a master’s or Ph.D.
- Exceptional Ability: This is for people with extraordinary skills in the sciences, arts, or business.
Eligibility Criteria
To qualify for an EB-2 visa, you must meet specific criteria:
- Advanced Degree: You need a job offer requiring an advanced degree (master’s, PhD, or equivalent) and proof that you have that degree.
- Exceptional Ability: You must show evidence of extraordinary skills, such as awards, memberships in professional associations, or recognition from peers and experts.
How to Apply
- Labour Certification: Generally, in order to prove that there are no appropriately qualified U.S. workers available for the post, your company must get a labor certification from the United States Department of Labor.
- File Form I-140: Your employer will file this immigration form with U.S. Citizenship and Immigration Services (USCIS).
- Wait for Approval: You can apply for a green card once your application is accepted.
So, apply today if you are as skilled as I described above. It would be a good option for you to get a green card in America without marriage.
National Interest Waiver (NIW)
Under the EB-2 visa, there’s a unique option called the National Interest Waiver (NIW). The NIW allows individuals to self-petition for an EB-2 visa without needing a job offer from a U.S. employer or a labor certification. The waiver is granted when the applicant demonstrates that their work serves the national interest of the United States.
Who will Consider for National Interest Waiver (NIW)
To be eligible for an NIW, applicants must first meet the basic requirements for an EB-2 visa.
Specific NIW Eligibility Criteria
Beyond the general EB-2 requirements, applicants must meet additional criteria to qualify for the NIW. It is known as the Matter of Dhanasar test, which involves three main components:
- Substantial Merit and National Importance:
- Field of Work: The applicant’s proposed work must have significant merit and national importance. These include scientific research, healthcare improvements, economic growth, environmental protection, education, and technological innovation.
- Evidence of Impact: The applicant must prove that their work significantly impacts a national scale. This can be demonstrated through publications, citations, awards, grants, and letters of support from recognized experts.
- Well-Positioned to Advance the Proposed Endeavor:
- Qualifications and Achievements: The applicant must be well-positioned to advance their proposed work. This includes having a solid educational background, relevant work experience, a track record of success, and significant contributions to their field.
- Future Plans: The applicant should outline a transparent and credible plan for continuing their work in the U.S. and explain how they will continue to benefit the country.
- On Balance, Beneficial to the U.S. to Waive the Job Offer and Labor Certification Requirements:
- Balancing Test: The applicant must demonstrate that the benefits of their work outweigh the necessity of the labor certification process, which ensures that foreign workers do not displace U.S. workers.
- Evidence of Benefit: This can include expert testimony, documentation of the applicant’s unique skills, and proof that their work addresses critical national needs.
How to Apply for an NIW
- Prepare Your Documents: Gather evidence of your advanced degree or exceptional ability and documentation supporting your work’s national importance and qualifications.
- File Form I-140: Submit the Immigrant Petition for Alien Worker (Form I-140) to U.S. Citizenship and Immigration Services (USCIS) and your supporting documents.
- NIW Petition: Include a detailed petition explaining how your work meets the national interest criteria, supported by evidence such as publications, awards, expert letters of recommendation, and proof of your contributions and impact.
- Wait for Approval: Once your I-140 petition has been approved, you can apply for a green card. Depending on the demand and your home country, this process can take a long time.
EB-3 Visa
The EB-3 visa is a type of U.S. visa for skilled workers, professionals, and other workers who want to live and work in the United States.
Who Will Eligible For EB-3 Visa?
The EB-3 visa is for people who have job offers in the U.S. and fall into one of three categories:
- Skilled Workers: Jobs that need a minimum of two years of experience or training.
- Professionals: Jobs that require at least a bachelor’s degree.
- Other Workers: Jobs that require less than two years of experience or training, often for unskilled labor.
Eligibility Criteria
To qualify for an EB-3 visa, you must meet specific criteria:
- Job Offer: You need a full-time job offer from a U.S. employer.
- Labor Certification: Your employer must get a labor certification from the United States Department of Labor, proving there are no qualified American workers for the job.
- Qualifications: Depending on the job category, you must show proof of your education, training, or work experience.
How to Apply
- Labor Certification: Your employer starts the process by getting a labor certification from the U.S. Department of Labor.
- File Form I-140: Your employer will file this immigration form with U.S. Citizenship and Immigration Services (USCIS).
- Wait for Approval: When your application will approved, you will be able to apply for a green card.
EB-1C Visa
The EB-1C visa is a U.S. employment-based visa designed for multinational executives and managers. It allows these professionals to permanently live and work in the United States without getting married. This visa benefits large multinational companies that must transfer key personnel to U.S. operations on an L1 Visa.
Who will be Eligible for EB-1C Visa?
The EB-1C visa targets multinational executives and managers. It requires that they have worked for a foreign company for at least one of the last three years and are being transferred to a U.S. affiliate. This visa is similar to the L1A visa but results in a green card for the qualifying manager or executive.
Eligibility Criteria for the EB-1C Visa
To qualify for the EB-1C visa, both the applicant and the employer must meet specific requirements:
- Employer Requirements:
- Qualifying Relationship: The U.S. employer must have a qualifying relationship with a foreign company. This means the U.S. and foreign entities must be part of the same organization (e.g., parent company, branch, subsidiary, or affiliate).
- Business Operations: The U.S. employer must have been doing business for at least one year before filing the EB-1C petition.
- Employee Requirements:
- Executive or Managerial Position: The applicant must have held an executive or managerial position with the foreign company for at least one of the three years before applying.
- Transfer to the U.S.: The applicant must intend to enter the U.S. to continue working in an executive or managerial role for the same employer or with a subsidiary or affiliate.
- Qualifying Experience: The applicant must have been employed continuously for at least one year in an executive or managerial role by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.
How to Apply for the EB-1C Visa
- File Form I-140: The U.S. employer should submit Form I-140, Immigrant Petition for Alien Worker, to USCIS. This form demonstrates that the applicant meets the eligibility criteria for the EB-1C visa.
- Submit Supporting Documents: The petition should include documentation proving the qualifying relationship between the U.S. and foreign companies, evidence of the applicant’s executive or managerial role, and records of the applicant’s employment history.
- Wait for Approval: Once the I-140 petition is accepted, the applicant can apply for a green card with Form I-485; if the applicant is already in the U.S., they can submit an Application to the Register Permanent Residence or Adjust Status. If the applicant is outside the U.S., they must go through consular processing at an American embassy or consulate in their home country.
- Adjustment of Status or Consular Processing: When the I-140 petition is approved, and the applicant has already been in America, they can submit Form I-485 to adjust their permanent residency, or through consular processing, they can apply for an immigrant visa.
Family-Based Green Cards
If you have close family members who are U.S. citizens or permanent residents, they can sponsor you for a green card, and you don’t need to get married to a U.S. citizen. Here’s how:
- Parents, Children, and Siblings
- Parents: U.S. citizens can sponsor their parents.
- Children: U.S. citizens can sponsor unmarried children under 21, married children, and even adult children.
- Siblings: U.S. citizens can sponsor their brothers and sisters.
Specific Requirements and Procedures
- Requirements
- Proof of family relationship (birth certificates, adoption papers, etc.).
- The sponsoring family member must be a U.S. citizen or permanent resident.
- Procedures
- The sponsor files Form I-130 (Petition for Alien Relative).
- After approval, the beneficiary can apply for a green card (Form I-485) in the U.S. or undergo consular processing abroad.
- The process includes background checks and interviews.
Each type of family-based green card has its rules, so following the guidelines is essential to ensure a smooth application process to get a green card in the USA without marriage.
Humanitarian Categories
If you face danger or have suffered harm, humanitarian options might be your path to getting a green card in America without marriage.
- Asylum and Refugee Status
- Asylum: For those already in the U.S. who fear persecution in their home country due to religion, race, nationality, political opinion, or social group.
- Refugee Status: For those outside the U.S. who fear the same persecution.
- Process: File Form I-589 for asylum within one year of arrival. Refugee status is sought through the U.S. Refugee Admissions Program.
- T Visas for Trafficking Victims
- Eligibility: For victims of human trafficking who are in the U.S. and willing to assist law enforcement.
- Process: File Form I-914. Provides temporary residency, with a path to a green card after three years.
- U Visas for Crime Victims
- Eligibility: For victims of certain crimes who have experienced mental or physical abuse and are assisting law enforcement.
- Process: File Form I-918. It allows victims to stay in the U.S. and be eligible for a green card after three years.
- VAWA: Violence Against Women Act
- Eligibility: VAWA allows abused spouses, children, and parents of U.S. citizens to self-petition for a green card without the abuser’s knowledge or involvement.
- Process:
- Form I-360: Submit this form to petition for Amerasian, Widow(er), or Special Immigrant Status.
- Supporting Documents: Include evidence of the abusive relationship, proof of good moral character, and other relevant documentation.
- Concurrent Filing: Eligible applicants may file Form I-485 concurrently to apply for a green card.
These humanitarian options offer protection and a pathway to permanent residency for those in dire circumstances.
Investment-Based Green Cards (EB-5 Visa)
The EB-5 visa has been designed for investors who want to contribute to the U.S. economy. If you can invest to contribute to the U.S. economy, you may be allowed to get a green card without marriage.
Let’s delve into the details of the EB-5 visa!
What is an EB-5 Visa?
The EB-5 visa is designed for people who invest massive amounts of money in a new commercial enterprise in the United States. This investment should create jobs for U.S. workers.
Eligibility Criteria
To qualify for an EB-5 visa, you must meet specific criteria:
- Investment Amount: You must invest at least $1.8 million in a new commercial enterprise. If the investment is in a focused employment area (a rural area or an area with colossal unemployment), the minimum investment is reduced to $900,000.
- Job Creation: Your investment must create at least ten full-time jobs for U.S. workers.
How to Apply
- Choose an Investment: Select a new commercial enterprise to invest in. This can be a new or troubled business that you help expand.
- File Form I-526: Submit this immigration form to USCIS to show that you meet the investment and job creation requirements.
- Wait for Approval: Once your I-526 form is approved, you can step forward to apply for a conditional green card.
- File Form I-829: After about two years, file this form to remove the conditions on your green card and become a permanent resident.
Targeted Employment Areas (TEAs)
Investing in a TEA can reduce the required investment amount. TEAs include:
- Rural Areas: Areas outside of metropolitan statistical areas.
- High Unemployment Areas: Areas with an unemployment rate of at least 150% of the national average.
This pathway provides a direct route to a green card for those willing to make a significant financial investment in the U.S. economy.
Diversity Visa Lottery
The Diversity Visa Lottery offers a chance to obtain a green card in the USA without marriage in every year.
- Explanation of the Lottery System
- Every year, 50,000 visas are given out at random to citizens of nations having low rates of immigration to the United States.
- The lottery targets to diversify the immigrant population in the U.S.
- Eligibility and Application Process
- Eligibility: Must be from an eligible country and have at least a high school education or equivalent work experience.
- Application Process: Apply online during the registration period. Winners are selected randomly, must meet all eligibility requirements, and must complete the visa application process.
This program provides a unique facility for individuals to gain permanent residency in the U.S. through a random selection process.
Special Immigrant Categories
Certain groups can apply for green cards without getting married under special immigrant categories.
- Types of Special Immigrant Visas
- Religious Workers: For those employed in a religious vocation.
- Special Immigrant Juveniles: For children who have been abused, abandoned, or neglected.
- International Organization Employees: For employees and family members of international organizations.
- Eligibility Criteria and Application Process
- Religious Workers: Must be in a spiritual role for at least two years—file Form I-360.
- Special Immigrant Juveniles: Must be declared dependent on a juvenile court who was abused, abandoned, or neglected in your country—file Form I-360.
- International Organization Employees: Must have worked for an eligible organization for a certain period—file Form I-360.
Each category has specific criteria and forms to be filed, so it’s essential to follow the guidelines carefully.
Final Thoughts
In summary, there are multiple ways to obtain a green card in the America without marriage. Employment-based options, family-based sponsorships, humanitarian categories, investment visas, the Diversity Visa Lottery, and special immigrant categories offer viable paths.
Each option has its criteria and processes, so exploring the one that best suits your situation is essential. Seeking legal assistance from experienced green card lawyers at Immigration Lawyers USA can help you navigate these complex processes and increase your chances of success.
