The Green Card, Explained

For refugees and asylees

People who fear, or have experienced, persecution in their home country — because of their race, religion, nationality, political opinion, or membership in a particular social group — can seek protection in the United States by applying for a visa from abroad (to come as refugees) or from within the United States (to remain as asylees).

Once they have physically lived in the United States for at least one year since receiving refugee status or asylum, they may apply for a permanent resident card. Children and spouses (and in some cases, other family members) of refugees and asylees may also seek protection in the United States under these programs and eventually apply for a green card.

For human-trafficking victims

Victims of human trafficking who are living in the United States — whether lawfully or unlawfully (in other words, “undocumented”) — may apply for a T visa to stay in the United States for up to four years. As a condition of the T visa, however, they must help to investigate and prosecute perpetrators of human trafficking (unless the victim is under age 18, in which case they need not help with such efforts).

To qualify for a permanent resident card, the applicant must have physically lived in the United States for one of the following periods, whichever is shorter:

1. Three years since receiving a T visa
   The duration of an investigation or prosecution of human trafficking
2. They must also meet other eligibility requirements. These include, for instance, demonstrating “good moral character” (meaning they have not committed certain crimes, such as fraud, prostitution, or murder) from the time they received a T visa until they’re approved for a green card. As another example, they must demonstrate to the U.S. government that they would suffer extreme hardship involving severe harm if they were required to leave the United States. (USCIS provides the full list of eligibility criteria.)

Certain family members will also be eligible to apply for their own green cards as long as both those relatives and the victim satisfy all requirements.

For crime victims

Victims of “substantial physical or mental abuse” who are living in the United States — whether lawfully or unlawfully (in other words, “undocumented”) — may seek protection by applying for a U visa. To obtain a U visa, the victim’s application must be certified by a law enforcement agency. Like recipients of T visas (see above), an applicant for a U visa must also agree to help investigate and prosecute people who commit certain crimes, such as kidnapping, sexual assault, and torture.

To qualify for a green card, however, the applicant will need to fulfill other eligibility requirements, including the following examples:

• They must have physically lived in the United States for at least three years since receiving a U visa.
• They must not have left the United States from the time they applied for a green card until USCIS has approved (or denied) their application.
• They must not have refused to help investigate or prosecute certain crimes from the time they received a U visa until USCIS approves (or denies) their green card application.
  The victim’s children, parents, siblings, and spouse will also be eligible to apply for their own green cards as long as both those relatives and the victim satisfy all requirements.

For abuse victims

Victims of domestic violence (battery or extreme cruelty) may apply for a green card that would allow them to seek relief through the Violence Against Women Act (VAWA). Although this law was created to benefit women, it applies to both women and men, and both parents and children, who are victims of abuse.

An abuse victim may apply for a permanent resident card on their own — without the knowledge or permission of their abusive relative, who can include:

• A current or former spouse who is a U.S. citizen or green card holder
• A parent who is a U.S. citizen or green card holder
• A child who is a U.S. citizen
  USCIS will not notify the abusive relative of the application in order to keep the victim safe. (Full eligibility requirements are detailed on the USCIS website.)

IMPORTANT: If you or someone you know is experiencing domestic abuse now, contact the National Domestic Violence Hotline right away at 1-800-799-7233 or 1-800-787-3224 (TTY). You’ll be able to talk with someone about available resources, such as shelters, mental health care, and legal assistance. The hotline also provides information about green cards through VAWA.