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Who Qualifies for a Green Card (Permanent Visa)


6. Refuge and Political Asylum

The U.S. government offers refuge to people who fear, or have experienced, persecution in their home country. A person still outside the United States would apply to be a refugee; a person already here would apply for asylum.

The persecution must be based on the person's race, religion, nationality, political opinion, or membership in a particular social group. If you are fleeing only poverty or random violence, you do not qualify in either category.

For more information, see either How to Get a Green Card or U.S. Immigration Made Easy, both by Ilona Bray (Nolo).

7. Amnesty and Special Agricultural Worker Status

Years ago, a green card based on "amnesty" was offered to people who had been living in the United States illegally since January 1, 1982. There was a similar amnesty for laborers who worked in the fields for at least 90 days between May 1, 1985 and May 1, 1986. Although the application deadlines have long passed, certain class action lawsuits mean that some applications haven't yet been decided on. See an attorney if you should have qualified.

In 1997, Congress added an amnesty for Nicaraguans and Cubans, called the Nicaraguan Adjustment and Central American Relief Act (NACARA). Some provisions also benefit Salvadorans, Guatemalans, and Eastern Europeans. The deadline for filing applications has passed.

8. Long-Time Residents

The law allows certain people who have lived illegally in the United States for more than ten years to request permanent residence, usually as a defense in immigration court proceedings. You must also show that your spouse or children -- who must be U.S. citizens -- would face "extraordinary and exceptionally unusual hardship" if you were forced to leave. Consult a lawyer if you think you qualify. Do not go straight to USCIS -- you could cause your own deportation.

Another remedy called "registry" allows people who have lived in the United States continuously since January 1, 1972 to apply for a green card. You'll need to show that you have good moral character and are not inadmissible. Your stay in the United States need not have been illegal -- time spent on a visa counts. For more information, see How to Get a Green Card, by Ilona Bray (Nolo).

9. Special Cases

Individual members of the U.S. Congress have, on occasion, intervened for humanitarian reasons in extraordinary cases, helping someone get permanent residence even if the law would not allow it.

Copyright 2007 Nolo

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