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Who Are Eligible To Apply For A Green Card In The U.S.?

Quick Recap:

There are several ways to apply for a Green Card in the U.S., including through family sponsorship, employment, asylum, VAWA, or special programs like DACA or TPS. Eligibility depends on your current immigration status, how you entered the country, and whether you meet specific qualifications. Some applicants can adjust status in the U.S., while others may need to apply through consular processing abroad. Timing, documentation, and legal history all matter.

Getting a Green Card isn’t just about luck or timing. It’s about whether your life, your family, or your work meets one of the categories allowed by U.S. immigration law.

Many immigrants in Houston don’t realize they already qualify, or are closer than they think. Whether you’re married to a U.S. citizen or working under a Visa, the green card may be within reach.

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Who Can Apply For A Green Card While Living In The U.S.?

Not every immigrant needs to leave the country to apply for permanent residence. Many people in Houston qualify to adjust their status and apply for a green card from within the U.S., as long as they meet the eligibility requirements and entered the country lawfully or qualify for certain exceptions.

Here’s a breakdown of the most common green card categories for applicants already living in the U.S.:

Category

Who It’s For

Key Requirements

Family-Based

Spouses, parents, children, and certain siblings of U.S. citizens or green card holders.

Must prove the relationship and meet admissibility standards.

Employment-Based

Workers sponsored by a U.S. employer for a job that fits their skills.

Requires approved labor certification and employer sponsorship.

Asylees & Refugees

Individuals granted asylum or refugee status at least one year ago.

Must have maintained qualifying status for 1+ year.

VAWA Applicants

Survivors of abuse by a U.S. citizen or LPR spouse, parent, or adult child.

Must have an approved VAWA petition (Form I-360).

Special Immigrant Categories

Includes religious workers, juveniles, Afghan/Iraqi nationals, etc.

Must meet category-specific rules and file the correct supporting documents.

DACA/TPS with Additional Relief

Some with DACA or TPS may qualify through marriage or other petitions.

Must have a qualifying petitioner and often need a waiver or advance parole.

Each of these categories has different paperwork, deadlines, and legal nuances. For example, marriage-based applicants who entered with a Visa can usually adjust status, while others may need waivers or consular processing if they entered without inspection.

If you’re already in the U.S., applying for a green card here can save time, avoid travel risks, and help you stay close to your family and work. But the process must be handled carefully; mistakes can trigger delays or even removal proceedings.

It’s not about fitting into any category; it’s about fitting into the right one for your life.

How To Apply For A Green Card Inside The U.S.

If you’re eligible to apply for a green card without leaving the country, the process is called adjustment of status. But getting it right requires careful attention to eligibility, timing, and documentation.

1. Confirm Your Eligibility

Before you begin, make sure you qualify under one of the green card categories, such as through a U.S. citizen spouse, a sponsoring employer, or an approved humanitarian program like asylum or VAWA.

You must also be physically present in the U.S. and not barred by prior immigration violations or criminal issues. If you’re unsure, speak with someone who can review your situation closely.

2. File Form I-130 Or I-140 (If Not Already Approved)

If you’re applying through a family relationship, your sponsor must file Form I-130 to prove the relationship exists. If you’re applying through a job, your employer usually files Form I-140.

These petitions form the basis for your green card. In some cases, such as immediate relatives of U.S. citizens, you can skip ahead to filing your green card application without waiting for approval.

3. File Form I-485 (Adjustment Of Status)

Form I-485 is the actual green card application. You’ll include personal identification documents, financial information, a medical exam, and evidence that supports your eligibility.

If your I-130 or I-140 is approved or eligible for concurrent filing, you can send them together. Filing everything at once can save time, but it has to be done carefully to avoid errors.

4. Attend A Biometrics Appointment

USCIS will schedule you for fingerprinting and a photo at a local Application Support Center. This step allows them to run background checks and verify your identity. It’s usually a short visit, but you must attend to keep your application moving.

5. Respond To Any Requests For Evidence (RFE)

If something is missing, unclear, or incomplete, USCIS may issue an RFE. It’s your chance to fix the problem, but it must be done correctly and submitted by the deadline. A strong RFE response can save your case.

6. Go To Your Adjustment Interview (If Required)

Most family-based and many employment-based applicants will be called for an interview. You’ll meet with a USCIS officer who reviews your file and asks questions. If your case is based on marriage, be ready to answer detailed questions about your relationship.

7. Receive A Decision

If approved, your green card will arrive in the mail, usually within a few weeks. If denied, you may have options for appeal or re-filing, but it’s best to prevent problems before they start by preparing a solid application from the beginning.

Adjusting your status is one of the most important steps toward permanent residence. With the right preparation and guidance, it’s a powerful way to stay with your family, keep your job, and build your future right here in Houston.

Common Paths To A Green Card & Who They’re Designed For

There isn’t just one way to become a lawful permanent resident. In fact, the U.S. immigration system offers multiple green card categories, each designed for a specific group of people.

Whether you’re building a life with your U.S. citizen spouse or working in a high-demand field, there may be a path that fits. Here’s a look at the most common green card categories available to immigrants living in Houston:

Green Card Category

Who It’s For

Primary Requirements

Immediate Relative (Family)

Spouses, unmarried children under 21, and parents of U.S. citizens.

Must prove a qualifying relationship and lawful entry (with few exceptions).

   

Other Family-Based

Siblings, married children, and adult children of citizens or residents.

Subject to annual caps and waitlists; must prove family relationship.

Employment-Based

Workers sponsored by U.S. employers, including professionals and skilled labor.

Requires a job offer, labor certification, and employer sponsorship.

Asylum or Refugee Status

People granted asylum or refugee status at least one year ago.

Must maintain status and apply within one year of becoming eligible.

VAWA

Immigrant victims of abuse by U.S. citizen or green card–holding family members.

Must have an approved VAWA petition and evidence of the abusive relationship.

Special Immigrant

Religious workers, juvenile immigrants, Afghan/Iraqi nationals, and others.

Must meet category-specific qualifications and file within the eligibility period.

Each of these categories comes with its own filing steps, processing timelines, and documentation requirements. Some have long wait times due to annual Visa limits, while others, like immediate relatives of U.S. citizens, face no annual cap.

Choosing the right category is more than just matching your situation. It’s about understanding what evidence is needed, how long it might take, and whether you meet all the legal standards.

That’s why getting qualified advice early on can make all the difference. A clear plan today could be your green card tomorrow.

Let’s Find The Green Card Path That Fits Your Life

Qualified Houston Green Card Attorney

Applying for a green card isn’t just a legal step; it’s a personal one. Your story, your family, and your goals all affect which path is right for you. At Houston Immigration Lawyers, we help people from all walks of life figure out where they stand and what’s possible.

Whether you’re married to a citizen, working in a skilled job, or seeking protection through VAWA or asylum, we’ll guide you through it. Every case is different. Some people are ready to file today, while others need a waiver, a stronger petition, or help fixing a past mistake. Wherever you’re starting from, we meet you there.

Our team knows the forms, the timelines, and the pressure. But more importantly, we know how to listen and explain things in a way that makes sense. Reach out to us, we’re ready when you are, and we’ll help you build a future you can stay for.

About The Author: Kate Lincoln-Goldfinch

Kate Lincoln-Goldfinch At Houston Immigration LawyersKate Lincoln‑Goldfinch founded Houston Immigration Attorneys in 2015 and serves as its managing partner. After earning her J.D. from the University of Texas School of Law in 2008, she launched her advocacy journey as an Equal Justice Works Fellow supporting detained asylum‑seeking families. Today, Kate concentrates on family‑based immigration, deportation defense & humanitarian relief, including asylum & VAWA cases. She volunteers as Pro Bono Liaison for the AILA Texas Chapter and was honored as a Top Immigration Attorney by Austin Monthly in 2024. A mother of two, Kate is driven by a passion for immigrant justice and building stronger communities.

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