How to Get Residency in the US

What Is a US Green Card and Why Does It Matter?

A Green Card (officially known as a Permanent Resident Card) grants an immigrant lawful permanent residence (LPR) in the United States. It serves as proof that the holder has been authorised to:  

• Live and work in the U.S. indefinitely
• Travel in and out of the country (with some restrictions)
• Eventually apply for U.S. citizenship (after meeting residency requirements)

Benefits of USA Residency

The United States is the world’s leading economy, characterised by minimal government regulation. It is home to many of the world’s best universities, cutting-edge medical institutions, and some of the most influential corporations and innovations.

Key advantages of American permanent residency are as follows:

• Reside in any U.S. state.
• Establish or acquire businesses.
• Seek employment in various sectors (excluding certain government positions).
• Visa-free travel to countries such as Canada, Mexico, and the Bahamas.
• Reduced tuition fees at U.S. universities.
• Access to public schools for children.
• Eligibility for resident discounts on loans, mortgages, and health insurance.
• Opportunity to apply for U.S. citizenship after five years of permanent United States residency.

Basic Eligibility Requirements

• Family-based: Spouse, parent, child, or sibling of a U.S. citizen/LPR
• Employment-based: Job offer, extraordinary ability, or investment (EB-1 to EB-5)
• Diversity Visa Lottery: Random selection for eligible countries
• Refugee/Asylum: Granted protection due to persecution

Processing Times

What are Family-Based Pathways to US Residency?

This visa type is valid for 10 years and requires proof of a qualifying family relationship with a U.S. citizen or permanent resident. The U.S. sponsor must demonstrate sufficient financial means, earning at least 125% of the federal poverty level (i.e., $20,440 for a 2-person household in 2024).

Eligible Applicants:

• Spouses (IR-1), children (IR-2), and parents (IR-5) of U.S. citizens.
• Unmarried adult children (F1) and married children (F3).
• Siblings (F4).
• Spouses (F2A) and unmarried adult children (F2B) of Green Card holders.

Main Stages of the Family Reunification Process:

• Petition Submission (Form I-130): A U.S. citizen or Green Card holder submits a petition to the U.S. Citizenship and Immigration Services (USCIS) to establish a qualifying family relationship.
• Petition Approval Wait Time: The processing time depends on the visa category and USCIS workload.
• Processing at the National Visa Center (NVC): After approval, the petition is transferred to the NVC for further processing and preparation for the interview.
• Interview at a U.S. Consulate or Embassy: The family member undergoes an interview to obtain an immigrant visa.
• Entry to the U.S. and Green Card Issuance: Upon arrival in the U.S. with an immigrant visa, the Green Card is mailed to the specified address in the U.S.

What are Employment-Based Pathways to US Residency?

A key pillar of U.S. immigration policy is the attraction of top-tier professionals, talented individuals, business leaders, and investors who can contribute to economic growth. Employment-Based (EB) visa programmes grant a 10-year Green Card to applicants, their spouses, and their children under 21. However, eligibility must be supported by documentation proving exceptional abilities or qualifications.

The EB visa system is structured into categories based on priority:

• EB-1 – Priority workers, including individuals with extraordinary abilities in the arts, education, business, or sports, as well as senior executives and acclaimed researchers.
• EB-2 – Professionals with advanced degrees or exceptional skills in science, business, or the arts.
• EB-3 – Skilled and unskilled workers sponsored by U.S. employers, including those with a bachelor’s degree or specialised training.
• EB-4 – A category for specific professions, including religious workers and employees of international organisations, such as the United Nations.

Application Process

• Step 1: Document Preparation

Secure a job offer from a U.S. employer willing to sponsor your application.

Collect required documentation, such as academic degrees, proof of work experience, awards, memberships, publications, and recommendation letters.

• Step 2: Submission of Form I-140

The employer submits Form I-140 (Immigrant Petition for Alien Worker) to USCIS.

If required, the employer undergoes the PERM labor certification process, proving that no qualified U.S. workers are available for the position. This step typically takes 6–12 months.

• Step 3: Obtaining the Green Card

If the applicant is already in the U.S. on another visa, they file Form I-485 (Adjustment of Status).

If applying from abroad, Form DS-260 is submitted via the U.S. consulate.

EB-5 Investor Visa – The Most Reliable Path to the U.S. Green Card

The EB-5 Immigrant Investor Programme offers a reliable pathway to obtaining a Green Card for your entire family within 2-2.5 years. By investing in the U.S. economy and creating jobs, you and your loved ones gain the right to live and work anywhere in the country, benefiting from the returns on your investment. The required investment starts at $800,000, with a mandate to create at least 10 jobs. EB-5 is primarily used by investors from China, Taiwan, Vietnam, and India.

Investment opportunities:

• Start a new business: Establish your own enterprise in the U.S.
• Purchase a franchise: Invest in an established brand with a proven business model.
• Acquire a company established before October 29, 1990: Take over an existing business with a history.
• Join a Regional Centre programme: Participate in large-scale projects aimed at economic development, ranging from industrial ventures to hotel construction.

The EB-5 visa grants Green Cards, not only to the investor, but also to their spouse and unmarried children under 21. A single investment covers the entire family, with no additional requirements for family members. Up to 10 individuals can relocate to the U.S. under one EB-5 application. This visa provides access to business ownership, employment opportunities, resident tuition rates at universities, credit facilities, and mortgages. After 5 years, you may apply for U.S. citizenship.

Key Benefits of EB-5 Regional Centre Investments

A few of the advantages of obtaining an EB-5 visa through regional centre investment are as follows:

Easier Job Creation – Counts indirect jobs (suppliers, services) toward the 10-employee requirement.

2. Passive Ownership – No day-to-day management needed; live freely anywhere in the U.S.

3. Lower Investment Threshold – Qualify for the $800,000 minimum in pre-approved Targeted Employment Areas (TEAs).

4. Proven Track Record – Established projects with higher I-526/I-829 approval rates.

5. Reduced Risk – Structured investments with professional oversight.

Soft Requirements for EB-5 Programme Participants

Notably, the programme does not impose requirements regarding education level, English proficiency, or professional background. The primary criteria are a clean criminal record and proof of the lawful source of investment funds. Initially, a conditional Green Card, valid for 2 years, is issued, which can later be converted into a standard 10-year Green Card. Five years after obtaining permanent residency, you are eligible to apply for U.S. citizenship.

EB-5’s Fraud History & The 2022 Integrity Overhaul

The EB-5 programme’s reputation was significantly damaged by high-profile fraud cases pre-2022, including Vermont Jay Peak, Chicago Convention Centre and California Healthcare Fund.

These schemes shared common red flags:  

• Fake job creation numbers
• Misused investor funds diverted to personal accounts
• Fabricated projects with no real development

In 2022, Congress responded with sweeping changes to restore confidence:  

1. Stricter Oversight 

• New Department of Homeland Security audit authority over Regional Centres
• Mandatory site visits to verify project progress

2. Investor Protections

• Escrow requirements: Funds held until I-526 approval
• Transparency mandates: Detailed financial reporting to investors

3. Programme Integrity

• Banned felons from programme participation
• Created investor whistleblower protections

Trump’s “Gold Card” Visa

Announced by President Donald Trump on 25 February 2025, the Gold Card Visa programme proposes a radical shift in US investment migration, positioning itself as a premium replacement for the EB-5 visa. With a $5M investment requirement, the programme offers:

• Permanent US residency with no conditional period
• Direct pathway to citizenship (projected 3–5 years)
• No job creation mandate – unlike EB-5’s 10-employee requirement
• Potential tax advantages, including possible exemption on foreign-earned income

Who Should Consider This?

Ultra-high-net-worth individuals seeking:  

• Faster residency than EB-5’s 2+ year processing
• Tax optimisation strategies
• Business expansion without employment red tape

Current Programme Status (June 2025)

• “Quiet trial” phase underway, with preliminary registrations for the waitlist being accepted
• Official portal (TrumpCard.gov) expected to launch imminently for full registrations
• No congressional approval yet secured – legal viability remains uncertain

Controversies & Concerns

Due diligence risks: Critics warn the programme could attract:  

• Money laundering through insufficient fund vetting
• Golden visa exploitation – seen in EU programmes where wealthy applicants with questionable backgrounds gained residency

Legal challenges:

• May require Congressional authorisation to replace EB-5
• USCIS has not yet confirmed processing protocols

EB-5 vs. Gold Card Visa: Key Comparison

What is Diversity Visa (DV) Lottery?

The U.S. government conducts an annual Green Card lottery, granting 50,000 winners the opportunity to obtain permanent residency. The lottery occurs between September and October on the official website. Results are announced six months later. Winners have 1 year to complete their applications. The odds of winning are approximately 0.25% per applicant.

Eligibility Requirements

To qualify, you must meet one of these criteria:  

• Education: High school diploma (or equivalent)
• Work Experience: 2+ years in a job requiring at least 2 years of training

Country restrictions:

• Ineligible if your country sent >50,000 immigrants to the U.S. in the past 5 years.
• If your spouse is from an eligible country, you can apply under theirs.

How to Apply

You can apply for free via the official U.S. government site.

Required documents:  

• Passport-style photo (strict guidelines)
• Passport details
• Education/work proof (if selected, not initially)

If Selected

1. Notification: 

Check status at https://dvprogram.state.gov using your confirmation number.

1. Submit DS-260 Form (Online visa application).  
2. Gather documents:

• Police certificates
• Medical exam
• Proof of education/work

4. Interview at the U.S. Embassy.
5. Receive Visa & Move to U.S.

What are Other Ways to Obtain US Residency?

Other ways to obtain U.S. residency include asylum/refugee status, humanitarian programmes (TPS/DED), special visas (U/T visas), and special immigrant visas (for translators/religious workers), each with specific eligibility requirements.

Asylum & Refugee Status

For those facing persecution in their home country based on:  

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group

Benefits:  

• Work authorisation
• Path to Green Card after **1 year** of approved status

Humanitarian Programmes

1. Temporary Protected Status (TPS) 

• For nationals of designated countries facing crises (e.g., war, natural disasters).
• Does not lead directly to a Green Card, but recipients may adjust status, if eligible.

2. Deferred Enforced Departure (DED)

• Similar to TPS, but granted by presidential order.

Special Immigrant Visas

1. U Visa (Crime Victims)

• For victims of serious crimes (e.g., domestic violence, human trafficking) who assist U.S. law enforcement.
• Annual Cap: 10,000 U visas (long waitlist).
• Path to Green Card: After 3 years in U status.

T Visa (Human Trafficking Victims)

• For survivors of human trafficking who co-operate with investigations.
• No annual cap.
• Green Card eligibility: After 3 years.

SI Visas (Special Immigrants)

• Afghan/Iraqi Translators: For those who worked with the U.S. military (SIV programme).
• Religious Workers: Ministers/non-ministers in religious roles.
• Juvenile Immigrants: Abused/abandoned children (SIJS status).

Registry (Long-Term Residents)

• Rare but possible: If you’ve lived in the U.S. continuously since before January 1, 1972, you may apply for a Green Card.

Step 1: Determine Eligibility 

Choose your pathway: Family, Employment (EB-1 to EB-5), DV Lottery, Asylum, or Special Immigrant Visa.

Step 2: File the Required Petition

• Family-based: Sponsor files Form I-130 ($675)
• Employment-based: Employer files Form I-140 ($715)
• EB-5 Investor: File Form I-526 ($11,160)
• DV Lottery Winners: Submit DS-260 ($325)
• Asylum Seekers: File Form I-589 (no fee)
• TPS Applicants: File Form I-821 ($50)
• U Visa: File Form I-918 (no fee)
• T Visa: File Form I-914 (no fee)
• Special Immigrant Juveniles: File Form I-360 ($515)
• Afghan/Iraqi SIVs: File Form DS-157 (no fee)

Step 3: Submit Green Card Application

• If in the U.S.: Form I-485 ($1,140 + biometrics fee)
• If abroad: Consular Processing (DS-260)

Step 4: Complete Biometrics & Interview

• Attend a fingerprinting appointment (if required).
• Pass a medical exam with a USCIS-approved doctor.
• Undergo a Green Card interview (questions about your application).

Step 5: Receive Decision 

• Approval: Get a 2-year conditional or 10-year permanent Green Card.
• Denial: May appeal or refile.

Challenges & Tips for a Successful Application

Common issues:

• Missing documents (e.g., birth certificates, tax returns)
• Incorrect fees (USCIS rejects applications with wrong payments)
• Criminal records (may require a waiver)
• Policy changes (new USCIS rules in 2025)

Pro tips for approval: 

• Hire an immigration lawyer for complex cases (e.g., EB-5, asylum).
• Double-check forms – USCIS rejects 30% for errors.
• Track USCIS updates – Fee increases expected in late 2025.
• Respond to RFEs quickly (typically 30-90 days to reply).

Conclusion

Obtaining a U.S. Green Card is possible through multiple pathways:  

• Family Sponsorship – Fastest for spouses/parents of U.S. citizens
• Employment Visas – EB-1 to EB-5 (including the $800,000 EB-5 Regional Center option)
• DV Lottery – Free, but highly competitive
• Humanitarian Programmes – Asylum, TPS, U/T visas

Why Choose Financial Guidance

• Avoid costly mistakes (USCIS rejects 30% of applications for errors)
• Navigate complex rules (EB-5 reforms, fee changes, RFEs)
• Maximise approval chances with expert document preparation

Astons specialises exclusively in assistance with EB-5 visas through Regional Centre investments, offering:

• Pre-approved projects with high USCIS compliance rates
• End-to-end support from I-526 to I-829 approval
• Boutique service at our office in Florida

Start your U.S. residency journey today!

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FAQ

How to become a resident in the USA?

You can become a U.S. resident (Green Card holder) via several paths:

• Employment-based immigration (e.g., EB-5 investor visa, job sponsorship)
• Family sponsorship (e.g., through a U.S. citizen spouse or relative)
• Diversity Visa Lottery
• Asylum or refugee status

Susanna Uzakova

Senior Citizenship & Residency Advisor

What is the fastest way to get U.S. residency?

The EB-5 Investor Visa is one of the fastest routes, especially when investing through a Regional Centre in a set-aside visa category (such aslike rural or infrastructure projects), which are now processed on a priority basis.
Processing time can be as short as 24-30 months, depending on the case.

Susanna Uzakova

Senior Citizenship & Residency Advisor

Do I need a lawyer to apply for U.S. residency?

It’s not legally required to hire a lawyer, but due to the complexity of immigration law and documentation, having an experienced immigration attorney is strongly recommended, — especially for investment or employment-based applications.

Susanna Uzakova

Senior Citizenship & Residency Advisor

How long does it take to obtain U.S. residency?

The timeline varies:

• Family-Based:Several months to years, depending on the relationship and country of origin.
• Employment-Based:6 months to several years, influenced by job type and visa category.
• Diversity Visa:Around 2 years from application to approval.
• Asylum / Humanitarian / Special Visa:From several months to several years.

Susanna Uzakova

Senior Citizenship & Residency Advisor

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