Can I Apply for a Green Card if I Have Two Children but No Husband?

Many individuals find themselves questioning the process of obtaining a green card, especially after life-changing events such as divorce or single parenthood. The key to understanding your eligibility lies in identifying the basis on which you plan to apply for a green card.

Understanding Marital Status and green card Eligibility

It is important to note that your marital status and having children do not automatically disqualify you from becoming a permanent resident of the United States. The criteria for obtaining a green card are primarily determined by your relationship to another person, such as a relative or an employer, who can petition on your behalf.

Options for Applying for a Green Card

Most green cards are granted based on a sponsor who has successfully petitioned the USCIS (U.S. Citizenship and Immigration Services) on your behalf. This sponsor can be a family member, such as a spouse or a parent, or an employer. However, there are rare exceptions where individuals can self-sponsor their own green card.

Investment-Based Green Cards (EB-5 Visa)

One such exception is through the EB-5 investment visa program, which is designed for individuals who can invest a minimum of 800,000 USD in a regional center that targets areas designated as economically distressed (TEA—Targeted Employment Area). Alternatively, for a truly entrepreneurial spirit, investing 1.6 million USD in a self-selected project can be an option. However, this requires the creation of at least 10 new permanent jobs within two years. Failure to meet these job creation requirements results in the loss of green card status.

Other Considerations and Pathways

In certain cases, individuals might have a more complex situation where children's nationality or immigration status affects their eligibility for a green card. It is essential to consult an expert immigration attorney to determine the best course of action.

Family-Based Green Cards

If you are a U.S. citizen or Lawful Permanent Resident (LPR) and have adult children over the age of 21, you might be able to petition for them to join you in the U.S. However, if these children entered the U.S. illegally and have been here over 180 days, they would need to apply for a waiver of inadmissibility for unlawful presence. A U.S. citizen or LPR sibling cannot serve as the qualifying relative for this waiver. If your children are already in removal proceedings, you may be able to apply for non-LPR cancellation of removal, but this process is highly competitive, and success is not guaranteed.

Specialized Pathways

For those facing specific challenges, there are specialized pathways, such as:

VAWA (Violence Against Women Act): If you have or had an abusive U.S. citizen (USC) or LPR spouse, parent, or child, you might be eligible for a VAWA visa. This category seeks to protect victims of domestic violence. U Visa for Victim of Crime: If you were the victim of a crime specified in the immigration statute and suffered substantial harm, either physical or mental, and have cooperated or will cooperate with law enforcement, you may be eligible for a U visa. This visa provides a pathway to legal status and a potential green card. Asylum: Asylum seekers might also be eligible for green card status if they can prove that they face persecution in their home country due to their political opinion, race, religion, nationality, or membership in a particular social group. However, this is a highly challenging process due to the stringent requirements and the lack of control by the home government.

Seeking Expert Legal Advice

Given the complexity and the varying rules associated with each green card pathway, it is highly recommended to consult with a reputable immigration attorney. Look for someone who is a state bar certified specialist or has been recognized by Thomson Reuters as a "super lawyer," as these credentials ensure expertise and reliability. Avoid third-party websites that merely provide attorney referrals without thorough vetting, as they may recommend attorneys based on pay rather than expertise.

Conclusion

The process of obtaining a green card can be intricate and emotionally challenging for individuals and their families. By understanding the various pathways available and seeking expert legal advice, individuals can navigate the complex immigration system more effectively and increase their chances of success.