I don’t think I can meet the SIJS requirements, are there any other ways to get a green card?
You may still be eligible to apply for a green card, depending on your individual circumstances. Your attorney can explain the best way for you to apply for a green card. Here are some of the other ways to apply for a green card:
- Family-Based
If you have a family member (parent, child, sibling) who is a United States citizen or has a green card, then that relative may apply for a green card on your behalf. You will then be put on a waiting list before the immigration agency considers your application.
- Adoption-Based
An adoptive parent who is a U.S. citizen or Lawful Permanent Resident may apply for a green card for you if the adoption was completed before you turned 16 and you have lived with your adoptive parent for at least two years.
- Violence Against Women Act Petition (VAWA)
If you were abused by your parent or stepparent you may be able to “self-petition” for a green card if your abusive parent is an LPR or a U.S. citizen. Also, if your parent was abused by their husband or by their wife, and the abusive husband or wife is an LPR or U.S. citizen, then you and your parent may both be eligible for a green card. Your immigration attorney can explain the other detailed requirements of VAWA.
- Asylum
You may be eligible for asylum if you are afraid that you will be persecuted or harmed if you return to the country where you were born. The persecution must be based on race, religion, political opinion, nationality or social group. The deadline to apply for asylum is one year after you arrive in the United States but it can be extended for minors. The requirements for asylum are very difficult and it is very important to have the assistance of an immigration attorney.
- “U” or “T” Visa for a Victim of a Serious Crime
If you are the victim of a serious crime that occurred within the United States, such as physical or sexual abuse, you may be able to obtain a U visa by helping the police with the case against your abuser. A U visa is temporary but can lead to a green card after three years.
You may be eligible for a T visa if you came to the United States as the victim of a severe form of trafficking. A severe form of trafficking could mean that you were brought into the country and then forced to pay off a debt, work, or perform sexual acts against your will. You will also need to help the police with the case against the trafficker in order to be eligible for a visa. A T visa is also temporary but can lead to a green card after three years.
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