Green Card USA: Guide for Mexicans
The US and Mexico have close geographical and strong cultural connections. Because of this, many Mexican citizens seek permanent settlement (residencia permanente) in the US.
A US Green Card (Tarjeta Verde) grants permanent settlement status to the holder, and so there are many Mexican applicants for US Green Cards every year.
If you are a Mexican citizen and are planning to apply for a US Green Card, contact Total Law today on +1 844 312 4979 or message us online to receive bespoke immigration assistance.
Overview of the Green Card in USA
A US Green Card acts as a US Permanent Resident Card, so provided you continue to satisfy the criteria, you will be able to reside in the US permanently. It also provides a route to eventual US citizenship.
There are several Green Card categories in the US, including Family, Employment, and Refugee/Asylum. The route that is right for you will depend on your particular circumstances and reasons for living in the US.
While Green Cards do grant permanent settlement status, they do not grant the unconditional right to live in the US. This means that Green Card holders are vulnerable to deportation under certain circumstances, such as involvement in criminal activity, as seen during the Trump administration’s deportation of certain Green Card holders. You may also be denied entry to the US if you attempt to re-enter with a criminal record or past immigration offenses.
Green Card holders can live and work in the US without needing to obtain specific work visas. They can also leave and re-enter the US, provided that they maintain their US residence status.
Page Contents
- Overview of the Green Card in USA
- Green Card Eligibility Categories for Mexicans
- Green Card Application Process
- Documents Requirements for Mexicans to Obtain Green Card
- Cost of a US Green Card
- Green Card Processing Time
- Reasons for an Unsuccessful US Green Card Application
- What you Can Do With a US Green Card
- Green Cards and US Citizenship
- How Can Total Law Help?
- Frequently Asked Questions
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Green Card Eligibility Categories for Mexicans
If you are a Mexican citizen planning to apply for a US Green Card, there are several possible routes.
Family Green Card
Many Mexican citizens have close family ties to US citizens and permanent residents, so the Family Green Card is a common route for those seeking to move to the US.
If you are a Mexican citizen and an immediate relative of a US citizen, you can apply for a US Family Green Card. You qualify as an immediate relative if you are one of the following:
- Spouse of a US citizen
- Unmarried child (under 21 years old) of a US citizen
- Parent of an adult US citizen (i.e., a US citizen who is at least 21 years old)
The US also offers family-based preference categories for less immediate relatives of US citizens and permanent residents. The preference categories are:
- First preference (F1): unmarried adult children of US citizens
- Second preference (F2A): spouses and unmarried minor children of lawful permanent residents
- Second preference (F2B): unmarried adult children of lawful permanent residents
- Third preference (F3): married children of US citizens
- Fourth preference (F4): siblings of US citizens, provided that the sponsoring US citizen is at least 21 years old
However, only a limited number of these preference-category Green Cards are granted each year, meaning applicants in higher preference categories have a greater chance of a successful Green Card application.
Employment Green Card
There are several routes by which Mexican citizens may obtain a US Green Card through employment.
For immigrant workers, the US offers several preference-category routes to a US Employment Green Card.
First preference immigrant workers must be one of the following:
- Extraordinary ability in the sciences, education, art, athletics, or business
- Outstanding professor or researcher
- Eligible multinational manager or executive
Second preference immigrant workers must meet one of the following:
- Member of a profession requiring an advanced degree
- Exceptional ability in the arts, sciences, or business
- Seeking a national interest waiver
Third preference immigrant workers must satisfy one of the following:
- Skilled worker (has at least 2 years of training/work experience)
- Professional (have at least the equivalent of a US bachelor’s degree)
- Unskilled worker (in a job which requires less than 2 years of training/work experience)
Physicians can also obtain an Employment Green Card via the Physician National Interest Waiver. This applies to physicians who agree to work full-time in an eligible area within the US that is underserved by healthcare professionals.
The US also offers an Immigrant Investor Employment Green Card route. This provides a path to a Green Card for those who invest at least $1,050,000 in a new US commercial enterprise that creates at least 10 full-time US jobs.
The minimum investment amount reduces to $800,000 if the investment is in a targeted employment area/infrastructure project.
US employers generally need to obtain labor certification before an employment-based Green Card can be issued. The US Department of Labor will need to demonstrate that there are insufficient US workers who are willing and able to fill the role and that granting the visa will not adversely affect US job opportunities or pay.
Special Immigrant Green Card
You may be eligible for a Special Immigrant Green Card if of the following categories applies to you:
- Religious worker
- Special Immigrant Juvenile
- International broadcaster
Refugee or Asylum Green Card
If you were granted asylum status or admitted to the US as a refugee at least 1 year ago, you may be eligible for a Refugee or Asylum Green Card.
Human Trafficking and Crime Victims Green Card
If you are either a human trafficking victim with a T non-immigrant visa or a crime victim with a U non-immigrant visa, you may be eligible for a Green Card via this route.
You may be eligible for a T non-immigrant visa if you have been a victim of either sex trafficking or labor trafficking and are physically present in the US.
You may be eligible for a U non-immigrant visa if you have been a victim of qualifying criminal activities, including abduction, blackmail, domestic violence, and stalking.
Victims of Abuse Green Card
If you have been a victim of abuse, you may be eligible for a Green Card on these grounds. Some of the main routes include:
- VAWA self-petitioner– victim of battery or extreme cruelty: if you are the abused spouse or minor child of a US permanent resident or citizen, or the abused parent of a US citizen
- If you are the abused spouse or child of a Cuban citizen, under the Cuban Adjustment Act
- If you are the abused spouse or child of a US permanent resident who received their Green Card via the Haitian Refugee Immigrant Fairness Act (HRIFA)
Green Card through Other Categories
The US also offers Green Cards in a range of other circumstances, such as if you are:
- A Cuban citizen
- Selected for a Diversity visa via the diversity visa lottery
- A Native American who was born in Canada
- Born in the US to a foreign diplomat
Registry Green Card
If you have lived in the US constantly since before January 1st 1972, you may be eligible to register for a US Green Card. This route was historically introduced to allow individuals of good character who have lived in the US long-term to regularize their immigration status.
Green Card Application Process
When applying for a US Green Card, you will need to complete several steps:
Step 1: Complete an immigrant petition and, if the petition is approved by USCIS, a Green Card application form (Form I-485). In most cases, your immigrant petition must be filed by the person sponsoring your application. This would be the US citizen or permanent resident family member in the case of family-based applications or your US employer in the case of employment-based applications.
Step 2: Attend a biometrics appointment to provide your fingerprints, signature, and photo.
Step 3: Attend a Green Card interview. You should aim to arrive at least 30 minutes early for this interview and bring valid ID. During the interview, you should expect to answer questions about your Form I-485, including your personal details, employment information, and immigration history. You may also be asked about your past compliance with US immigration rules, such as whether you have ever overstayed a visa or worked in the US without work authorization.
Step 4: After your application has been processed, you will receive a decision on your application. If your application is successful, you will be granted a US Green Card. If your application is unsuccessful, you will be told the reasons for the unsuccessful outcome.
Documents Requirements for Mexicans to Obtain Green Card
There are numerous documents that you will need to provide when applying for a US Green Card. Whilst the exact list will depend on your particular route, you may need to submit:
- Immigrant petition
- Form I-485 (Green Card application form)
- Valid Mexican passport
- Birth certificate
- Photo
- Any previous visas
- Record of criminal history
- Proof of marriage (if applicable)
- Proof of employment (if applicable)
- Form I-693 (Report of Immigration Medical Examination and Vaccination Record)
Applicants should ensure they gather the required documentation before starting the application process.
Cost of a US Green Card
When applying for a US Green Card, you will need to pay an application processing fee of:
- Family-based applications – $325.00
- Employment-based applications – $345.00
Green Card Processing Time
After submitting your Green Card application, you will need to wait for it to be processed. Applications are processed in the order they are received, and processing times vary depending on the office or center via which you have applied.
You may need to wait several months for your application to be processed, with wait times often exceeding a year. When applying for a Green Card, you should ensure your application is submitted accurately and promptly provide any additional information requested to avoid further delays.
Reasons for an Unsuccessful US Green Card Application
There are several reasons why a Green Card application may be unsuccessful, such as:
- You have a history of certain crimes, e.g. drug trafficking or fraud
- You have a history or previous immigration violations, e.g. entering the US without authorization or overstaying on a previous visa
- You are considered a threat to national security
- Your application contains fraud or misrepresentation
- Your application is incomplete or contains errors
- You provide insufficient evidence for your chosen route, e.g. if you do not provide sufficient evidence that your marriage is genuine in the case of a marriage-based Family Green Card application
- If your application is unsuccessful, your decision letter will explain why and whether you can appeal.
What you Can Do With a US Green Card
Obtaining a US Green Card as a Mexican citizen grants a number of benefits, such as:
- Providing evidence that you are authorized to work in the US
- Apply for a US state driving license and for a Social Security Card
- You will be authorized to continue living in the US permanently, provided that you do not commit any deportable offences, such as drug crimes or domestic violence, or breach the terms of your Green Card
- Travel freely within the US and can leave and re-enter the US, provided you do not remain outside the country for more than a year. If you do plan to leave for more than a year, you will need to first obtain a re-entry permit
- Sponsor certain family members for their own Green Card, though these applications will be in a lower preference category than those sponsored by US citizens
However, Green Cards do not provide an unconditional right to live in the US, and you must continue to abide by US law and the conditions of your Green Card. Holding a Green Card does not grant US citizenship; this must be applied for separately.
Green Cards and US Citizenship
Holding a US Green Card is not the same thing as having US citizenship. Where a Green Card grants the holder US permanent settlement status, US citizenship must be applied for separately.
If you are naturalizing as a US citizen, you will generally need to hold your Green Card for at least 5 years before you are eligible to apply for US citizenship.
If you are married to a US citizen, this reduces to 3 years.
When applying for US citizenship, you will need to complete several steps, such as a naturalization interview and a test.
Upon successfully applying for US citizenship, you will be eligible to participate in US elections and to apply for a US passport.
As both Mexico and the US allow dual citizenship, it is possible to obtain US citizenship without renouncing your Mexican citizenship.
How Can Total Law Help?
Many Mexican citizens have strong ties with the US. Additionally, the US offers multiple professional opportunities, a wide variety of residential choices, and strong travel connections with Mexico. Many Mexican citizens pursue permanent residence in the US, which generally requires applying for a US Green Card.
However, applying for a US Green Card can be a long and complicated process. Because of this, many applicants seek legal assistance with their applications. At Total Law, we can help at every stage of the process, from providing advice and application packages to offering a range of relocation services. To learn more about the full range of support we provide, and to receive advice on how to get a Green Card in the USA, contact us online today or on +1 844 312 4979.
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Related pages for your continued reading.
Frequently Asked Questions
How difficult you find it to obtain a US Green Card depends on your specific route and whether you meet the relevant eligibility criteria. For example, immediate family members of US citizens will generally have a smoother route than family-based preference applications.
However, there is a high evidentiary threshold for any Green Card application, given that Green Cards confer US permanent residency status and offer a range of benefits. It is therefore important to verify that you satisfy the eligibility criteria and have sufficient evidence before applying.
Yes, Green Card holders can be denied entry to the US under certain limited circumstances. If you are found to have spent too much time outside of the US – if you are gone for more than a year and do not first apply for a reentry permit, for example.
If you have a criminal record involving certain crimes, such as drug-related offenses, aggravated felonies, or domestic violence, you are also likely to be denied entry to the US.
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