What are the Different Types of Green Cards?

Kevin Swartz • December 2, 2021

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While there are many different types of visas, they fall into two categories: immigrant and nonimmigrant, i.e., permanent and temporary. This blog post covers the immigrant visa, also known as the “green card.” There are many types of green cards and they divide roughly into four categories:

1. Family Based

For those whose family includes a U.S. citizen, the following visas apply:

• IR-1 visa—if you are the spouse of a U.S. citizen

• IR-2 visa—if you are unmarried child of a U.S. citizen and are under the age of 21.

• IR-3 visa—if you are a child adopted overseas by a U.S. citizen

• IR-4 visa—if you are a child adopted within the U.S. (after being brought to the U.S.) for the purpose of being adopted by a U.S. citizen

• F3 visa—if you are married and are the child of a U.S. citizen. This applies to your spouse and children as well.

• F4 visa—if you are the sibling of a U.S. citizen. This applies to your spouse and children as well.

For those whose family members include a Lawful Permanent Resident (LPR) in the U.S., the following visas apply:

• F2A visa—if you are the spouse or minor children of an LPR

• F2B visa—if you are unmarried, over 21 years old, and are a child of an LPR

2. Employment Based

For those who have or will have employment within the U.S. The following apply:

• H-1B visa to Green Card Transfer

Once you have a valid H-1B visa, your employer must file with the U.S. Department of Labor (DOL) for a Permanent Labor Certification (PERM). The employer must prove to the DOL that they could not find a qualified U.S. citizen for the job position. There are multiple steps for the employer to satisfy this criterion, which includes actual attempts to recruit U.S. citizens for the position, and published advertisements for the position targeting U.S. citizens.

• EB-1 visa for Priority Workers. This includes:

o Exceptional academic professors and researchers

o Exceptional managers and executives

o Those with exceptional abilities in business, the arts, sciences, education, or athletics

o If you fall within one of those categories, you must prove to USCIS that you are at the very top of your field, based on meeting specific criteria.

• EB-2 visa for those with advanced degrees or exceptional abilities. This includes:

o Those with extraordinary abilities in art, business, and science.

This is similar to an EB-1, and the requirements are less strict. However, the processing time for an EB-2 can be much longer, you’ll need a PERM certification unless you can prove to USCIS that waiving the requirement would be in the national interest (aka National Interest Waiver), and you’ll need a current or prospective employer to sponsor your application.

o Those with advanced degrees (e.g., Masters or PhD)

o Physicians who will serve in underserved areas in the US.

• EB-3 visa for skilled/professional workers. The processing time can take several years. Like the EB-2, you need a current or prospective employer to sponsor your application. This visa applies to:

o Those with bachelor’s degrees

o Skilled workers with a minimum of two years of experience

o Unskilled workers

• EB-4 visa for special immigrants and religious workers. This employment-based visa applies to:

o Those working for the U.S. government overseas

o Broadcasters

o Iraqi/Afghan translators

o Employees of international non-profit organizations

o Physicians

o Certain active and retired members of armed forces and their spouses and children

• EB-5 visa for investors. This includes:

o Those investors who will create a minimum of 10 full-time jobs in the U.S. and invest at least $500,000 into the U.S. economy

3. Returning-Resident Based

For those who were LPRs but left the country for more than one year (which will terminate an otherwise valid green card). The following visa applies to LPRs who left the U.S. for more than one year due to circumstances beyond their control:

• SB-1 visa. Examples of circumstances beyond one’s control include:

i. Sudden illness or disease that prevented travel back to the U.S.

ii. Pregnancy where the doctor advised against international travel

iii. Your immigration documents are withheld from you against your will

iv. The country you traveled to prohibits departure

4. Diversity Based

Commonly known as the ‘Green Card Lottery,’ this type of green card is granted at random to a very small percentage of those that apply. The selection process is designed to prevent any one foreign nation from having substantially more visas granted for its citizens than for those of other foreign nations. There are many rules, limitations, and exceptions for who can apply. But generally, you must:

• Be from a country that has had fewer than 50,000 natives of that country immigrate to the United States in the previous five years. In 2019, this excluded those from Bangladesh, Brazil, Canada, China, Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, and the United Kingdom (except Northern Ireland) and Vietnam

• Be at least 18 years old

• Have completed high school and have a high school diploma or equivalent degree

• Have at least 2 years of work experience within the last 5 years

Many of those who are not eligible for an immigrant visa (green card) can be eligible for a variety of nonimmigrant visas. If a nonimmigrant visa is granted and the petitioner subsequently becomes eligible for a green card, the nonimmigrant visa is not a barrier to applying for a green card.

This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.

Kevin Swartz

USCIS Updates Guidance on Child Status Protection Act (CSPA) Age Calculation

By Angelica Rice • October 17, 2024

On September 25, 2024, the U.S. Citizenship and Immigration Services (USCIS) recently updated its guidance on the Child Status Protection Act (CSPA) to clarify how an applicant’s CSPA age is calculated when extraordinary circumstances are involved. This update is designed to help Applicants and their families better understand how their eligibility for certain immigration benefits may be impacted by delays or special conditions during the process . The CSPA is a crucial law that helps protect children from "aging out" of the immigration process , meaning turning 21 years old while waiting for family-based immigration petitions to be processed. Normally, once a child turns 21, they may no longer qualify for a green card under certain family visa categories. However, the CSPA allows a special calculation of a child’s age to determine whether they can still be considered a "child" for immigration purposes, even if they have passed the age of 21. USCIS's recent update focuses on two key points: First , it clarifies how extraordinary circumstances may excuse an applicant from the usual requirement to apply for a green card (or "seek to acquire" permanent residency) within one year of their visa becoming available. If extraordinary circumstances, such as medical issues or other unavoidable situations, prevent an applicant from meeting this deadline, they may still qualify for CSPA protection as long as they can demonstrate these circumstances. Second , the guidance outlines how to calculate the applicant’s CSPA age in cases where these extraordinary circumstances apply . If an immigrant visa was available for a continuous one-year period, the CSPA age is calculated from the date the visa first became available. However, if the visa became available and then unavailable before the applicant could apply, the CSPA age calculation may still use the date the visa first became available—if the applicant can show they were unable to apply due to extraordinary circumstances. This update addresses an issue that was not previously covered in detail by USCIS policy. Before this clarification, it was unclear how the CSPA age would be calculated for noncitizens who had extraordinary reasons for not applying for a green card during the time their visa was available. By providing this updated guidance, USCIS aims to ensure that these cases are handled consistently and fairly. In conclusion, this recent USCIS update offers clearer guidance on how extraordinary circumstances affect CSPA age calculation. If you believe your family might benefit from this update, please reach out to one of our highly experienced immigration attorneys, who can help you understand how these changes apply to your situation. For more detailed information, you can visit the USCISPolicyManual or review the official USCISannouncement .

What Is the Affirmative Relief Announcement?

By Flavia Santos Lloyd • June 20, 2024

On June 18, 2024, President Biden announced a series of immigration actions using the authority granted to him by our existing immigration laws. These actions will help certain undocumented individuals in the United States, including: Spouses and children of U.S. citizens who have been living in the United States for at least 10 years. You may be eligible to apply for your green card without leaving the United States, if, as of June 17, 2024: ○ You are in the United States after entering without permission; ○ You have lived in the United States for at least 10 years and have never left; ○ You are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen; and ○ You do not have certain criminal history or pose a threat to national security or public safety. If you meet these criteria, the government MAY grant you parole-in-place. Parole would be granted for a one-time period of three years. You may also be eligible for employment authorization for up to three years. If you are granted parole y ou may apply for your green card within three years of approval. Eligibility is determined on a case-by-case basis. College-educated DACA recipients and Dreamers who are qualified for nonimmigrant status, such as an H-1B specialty occupation visa. You may be eligible to apply for a temporary visa more easily, if: ○ You have a degree from an accredited U.S. institution of higher education; and ○ You have an offer of employment from a U.S. employer in a field related to your degree. Please note that these programs have NOT YET begun. Details on how to apply are expected to be released by the end of the summer through a Federal Register notice. This means: You cannot submit an application at this time. An early-filed application will be rejected . You should not pay anyone a fee associated with filing an application at this time. Be patient and take the time to find the right help. The wrong advice could harm your chances of staying in the United States, getting lawful status, or becoming a U.S. citizen. Don't be fooled by notarios and other consultants who promise immediate results or special solutions in order to steal your money. Many unscrupulous individuals will cost more than licensed attorneys! If you are unsure if someone is qualified to help, ask for proof of their credentials and retain a copy of that evidence. This program could also be legally challenged, which could impact its implementation. This makes it even more important to have a qualified, knowledgeable attorney. USE AILA’s Find an Immigration Lawyer Search, ailalawyer.org , to find a licensed immigration attorney in good standing. Or find an accredited representative at: https://www.justice.gov/eoir/find-legal-representation . FONT: https://www.aila.org/library/information-and-guidance-on-new-actions-to-promote-family-unity

Taxation of U.S. Residents: Green Card vs Substantial Presence

By Olga Guzhva • March 21, 2024

If you are a U.S. resident within the meaning of Internal Revenue Code (IRC) section 7701(b)(1)(A) , an immigrant needs to understand the U.S. tax obligations. When you are a permanent resident, your worldwide income is subject to U.S. income tax the same way as a U.S. citizen. You are a resident of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year. 1. “Green Card” Test means that you possess a Permanent Resident Card, Form I-551, also known as a "green card”, at any time during the calendar year. You continue to have U.S. resident status, unless: you voluntarily renounce and abandon your resident status, or your resident status is terminated, either by the USCIS, or by a U.S. federal court. If you meet the green card test at any time during the calendar year, but do not meet the substantial presence test for that year , your residency starting date is the first day on which you are present in the United States as a lawful permanent resident. In other words, if you have your green card for less than a full calendar year, your tax obligations could be less and are calculated as follows: 2. In order to meet the Substantial Presence test , you must be physically present in the United States on at least: 31 days during the current year, and 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting : a. All the days you were present in the current year, and b. 1/3 of the days you were present in the first year before the current year, and c. 1/6 of the days you were present in the second year before the current year. In other words, a look back applies when calculating a substantial presence test for the U.S. tax purposes. If a green card holder does not meet a substantial presence test, then he or she is subject to U.S. income tax the same way as a U.S. citizen BUT ONLY for a portion of the calendar year, from the date of becoming a U.S. permanent resident. Navigating the complexities of the U.S. immigration and tax laws often requires professional legal guidance. Seeking assistance from an experienced immigration attorney well-versed in U.S. taxation can significantly enhance the chances of your successful immigrant planning, ensuring compliance with these intricate regulations and requirements. If you have any questions about what this means for you, please schedule a consultation with our office. We look forward to working with you!

Self-Sponsoring for Employment-Based Green Cards

By Kyle Huffman • December 7, 2023

In the landscape of U.S. immigration law, the pursuit of an employment-based green card can be a significant milestone for foreign nationals aspiring to establish their careers in the United States. Among the various pathways available, self-sponsorship for an employment-based green card stands out as an option that grants individuals the ability to sponsor their own immigration journey, offering a unique opportunity for skilled professionals and entrepreneurs. Traditionally, most employment-based green card categories require an employer to sponsor the foreign national, demonstrating the need for their skills or expertise. However, certain visa categories permit self-sponsorship, allowing individuals to petition for permanent residency without a specific employer's sponsorship. These include: 1. EB-1A Extraordinary Ability: Individuals with extraordinary abilities in the sciences, arts, education, business, or athletics may self-petition for an employment-based green card. They must demonstrate sustained national or international acclaim, providing extensive evidence of their achievements in their field. 2. EB-2 National Interest Waiver (NIW): This category enables individuals whose work is deemed to be in the interest of the United States to self-sponsor. Applicants must demonstrate their work's significance and how it benefits the nation as a whole. 3. EB-5 Immigrant Investor Program: Entrepreneurs investing in a new commercial enterprise that creates jobs for U.S. workers can self-petition for an employment-based green card. They must meet certain investment thresholds and fulfill job creation requirements. While these classifications have the advantage of allowing an individual to self-petition, each of these applications have distinct, stringent requirements to meet. This route can be challenging, requiring substantial evidence and a compelling case to prove extraordinary abilities or qualifications. Additionally, meeting the high standards set by USCIS for self-sponsorship can be demanding, necessitating thorough preparation and documentation. Navigating the complexities of immigration law, especially concerning self-sponsorship, often requires professional legal guidance. Seeking assistance from experienced immigration attorneys or consultants can significantly enhance the chances of a successful self-sponsored green card application, ensuring compliance with the intricate regulations and requirements. If you have any questions about what this means for you, please schedule a consultation with one of our experienced attorneys. We look forward to working with you.

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The Secret Weapon in Your O-1A or EB-1A Petition: A Powerful Letter of Recommendation

By Shirin Navabi • July 17, 2025

For individuals applying under the O-1A or EB-1A categories , both reserved for professionals with extraordinary ability, letters of recommendation are a critical part of the petition. These expert testimonial letters offer valuable insight into your accomplishments, reputation, and influence within your field. When written properly, they help demonstrate that you truly stand out as someone who has risen to the very top of your profession. Many petitions submitted by highly accomplished individuals fall short because the recommendation letters are vague, overly personal, or fail to clearly explain why the applicant meets the legal standard of extraordinary ability. That is why taking the time to prepare your recommenders effectively is not just helpful. It is essential to build a strong and persuasive case. First, it is important to help your recommenders understand the purpose of the letter . This is not a casual reference or character recommendation. It is a formal declaration to U.S. Citizenship and Immigration Services that you possess extraordinary ability in your area of expertise. The letter must describe your achievements in concrete terms and explain why your work has had a significant impact and recognition within your field. Many professionals, no matter how accomplished, are unfamiliar with the specific requirements of the O-1A and EB-1A categories. It is helpful to provide them with a short explanation of what is needed, and in some cases, a sample or outline to guide them. Selecting the right recommenders is just as critical as the content of the letters themselves. While USCIS gives greater weight to letters from independent experts, independence should not be confused with distance. The ideal recommender is someone who knows your work well and can provide specific and credible insight into your contributions, impact, and reputation in the field. A letter from someone who barely knows you, or one that focuses more on the recommender’s own accomplishments than yours, is unlikely to carry much weight with USCIS. A common mistake is submitting letters that read more like summaries of the recommender’s resume than a meaningful evaluation of your achievements. While a brief introduction of the recommender’s qualifications is important to establish credibility, the focus must remain squarely on you , your work, your innovation, and the ways in which your impact is considered extraordinary. The strongest letters go beyond general praise. They include clear and detailed examples of how your contributions have influenced others in your field or led to measurable outcomes. To make the letter as accurate and persuasive as possible, you should provide your recommenders with a summary of your most important professional milestones. This might include major awards, media coverage, patents, publications, notable leadership roles, or metrics showing the commercial or scientific success of your work. Well-prepared recommendation letters serve as both evidence and narrative. They help fulfill specific legal requirements and also tell the story of how and why your work has earned you distinction. In a category defined by terms like extraordinary ability, it is important that every part of your petition reinforces that standard. At Santos Lloyd Law Firm, we work closely with our clients and their recommenders to develop strong and compelling testimonial letters that meet USCIS expectations and highlight each applicant’s unique contributions.

Navigating Family-Based Immigration: Common Pitfalls and How to Avoid Them

By Denice Flores • July 10, 2025

Family-based immigration remains one of the most common paths to lawful permanent residency in the United States. It offers a lifeline to families hoping to reunite across borders, but the process is far from simple. The outcome of the applications can be delayed as a result of potential missteps while preparing the applications. Here are some of the most common pitfalls and how to avoid them: Incomplete or Inaccurate Forms One frequent mistake is submitting incomplete or inaccurate information on the forms like the I-130 (Petition for Alien Relative) and the I-485 (Adjustment of Status). Even minor errors such as misspelled names, missing signatures, or incorrect dates—can result in Requests for Evidence. To avoid this misstep, double-check all entries, cross-reference documents, and consult with an attorney before submission. Remember, immigration forms are legal documents so accuracy matters. Insufficient Supporting Evidence Proving a genuine familial relationship is the basis of family-based petitions. For spousal cases, USCIS looks closely at evidence of a bona fide marriage. Little or no supporting documents and evidence may lead to Requests for Evidence and even skepticism from USCIS. To establish a bona fide marriage, include documentation to show shared finances and liabilities. Filing Under the Wrong Category or Preference There are different immigration paths depending on whether the petitioner is a U.S. citizen or lawful permanent resident, and whether the beneficiary is a spouse, child, sibling, or parent. Each category has different processing times and visa availability. It is critical that before applying, you understand which preference category applies to your case. Immediate relatives of U.S. citizens (spouses, parents, unmarried children under 21) generally receive faster processing and are not subject to annual visa caps. Not Disclosing Past Immigration or Criminal History Many applicants fail to account for past immigration violations such as visa overstays, unauthorized work, or prior removal orders. Similarly, if you fail to disclose past criminal history and these issues surface later in the process they can affect the outcome of the case. Disclose everything to your attorney, no matter how minor or old the issue seems. Prior violations don’t always mean denial but not disclosing them may lead to serious consequences. If you're considering filing a family-based petition, consult with an experienced immigration attorney at our office. Our office is committed to helping families navigate this complex process with clarity and confidence.

Understanding the Public Charge Rule: What Public Benefits May or May Not Impact Your Immigration Case

By Angelica Rice • July 3, 2025

When applying for a green card or seeking admission into the United States, one of the legal hurdles many applicants may face is the public charge ground of inadmissibility. This test evaluates whether someone is likely to become primarily dependent on the government for support. But what exactly does that mean—and what types of public benefits can trigger this issue? In this article, we’ll break down what “public charge” really means, who is affected, what types of public benefits are considered, and what immigrants should be mindful of when making decisions about public programs like Medi-Cal and Medicaid. What Is the Public Charge Ground of Inadmissibility? The public charge rule applies to individuals applying for a visa, green card (adjustment of status), or entry into the U.S., unless they fall into an exempt category. Under this rule, the Department of Homeland Security (DHS) must determine whether the applicant is likely to become primarily dependent on the government for subsistence. This typically refers to receiving: Public cash assistance for income maintenance (such as SSI or TANF), or Long-term institutional care at government expense. This determination is based on the "totality of circumstances," including age, health, financial resources, education, skills, and whether a sponsor has submitted a valid Affidavit of Support. Who Is Exempt from the Public Charge Rule? Many categories of immigrants are exempt from the public charge ground of inadmissibility. These include: Asylees and refugees Special immigrant juveniles Violence Against Women Act (VAWA) self-petitioners T and U visa applicants Temporary Protected Status (TPS) applicants Importantly, even if someone later adjusts status through a different pathway that is subject to public charge, any benefits they received while in an exempt category will not be held against them. What Public Benefits Are Not Considered in the Public Charge Test? It is a common and harmful myth that using any public benefit will jeopardize your immigration status. In fact, most non-cash benefits do not count against you in a public charge determination. According to USCIS and DHS guidance, the following types of assistance (current as of July 1, 2025) are not considered: Health-Related Benefits Medi-Cal/Medicaid, except for long-term institutional care Children’s Health Insurance Program (CHIP) Health insurance through the ACA Marketplace, including subsidies COVID-19 testing, vaccines, and treatment Community health services, crisis counseling, and short-term shelters Food and Nutrition SNAP (Food Stamps) WIC School meal programs Food banks and emergency food assistance Housing and Energy Emergency shelter Rental assistance (e.g., McKinney-Vento programs) Energy assistance (e.g., LIHEAP) Education and Childcare Public schooling Head Start Childcare subsidies (e.g., CCDF) Educational grants and scholarships Federal Cash and Tax Benefits Earned income tax credit (EITC) Child Tax Credit (CTC) Stimulus checks Unemployment insurance Social Security and veteran’s benefits Disaster and pandemic-related cash aid In short, just because a benefit is public or government-funded doesn’t automatically make it count against you. A Word of Caution About Medi-Cal and Medicaid, in Particular As of today (07/01/2025), standard use of Medi-Cal (California’s version of Medicaid) or Medicaid for most health-related services is not considered in a public charge determination. This includes preventative care, emergency services, pregnancy-related services, and short-term care. However, if Medicaid is used for long-term institutionalization, such as in a nursing home or psychiatric facility, that does count under the public charge test. Despite current guidance, we are seeing political shifts and changes in tone from the current administration that suggest public charge policies may become more restrictive in the future. This includes renewed interest in expanding the types of public benefits that may be considered, particularly around medical assistance. For that reason, we generally recommend that individuals who are applying for adjustment of status, or who may be subject to the public charge ground in the future, avoid enrolling in Medi-Cal or Medicaid at this time, unless absolutely necessary. Final Thoughts Immigration law is complex, and the rules surrounding public charge can feel confusing or even frightening. But it’s important to understand that using most public benefits—especially for food, education, and healthcare—will not automatically jeopardize your green card or visa application. Still, because policy can change quickly, we urge individuals to consult with an immigration attorney before applying for any public assistance—especially healthcare programs like Medi-Cal or Medicaid. If you have questions or concerns about how public benefits might impact your immigration case, our office is here to help. We are committed to providing up-to-date, personalized guidance to keep your immigration journey on track. Disclaimer The information provided herein is for general informational purposes only and does not constitute legal advice. Every immigration case is unique, and the application of the public charge rule may vary depending on your specific situation. If you believe this topic may apply to you or you need individualized legal guidance, we encourage you to contact one of our highly-qualified legal professionals for a consultation and assistance tailored to your circumstances. Resources: USCIS Public Charge Resources ILRC Medi-Cal and Public Charge Alert (2024) California Medi-Cal Immigrant Eligibility FAQ