How to Apply for a Green Card for Colombians: Complete Guide

For a Colombian citizen seeking to become a permanent resident of the United States, there are several paths to obtaining a Green Card. The most common routes include family sponsorship, employment opportunities, investment visas, and the Diversity Visa Lottery. Each path has specific requirements and processes, which we’ll outline here to help guide you toward permanent residency in the U.S.

Table of Contents

1. Family-Sponsored Green Card

A family-sponsored Green Card allows U.S. citizens or lawful permanent residents to sponsor close family members for permanent residency.

Types of Family Sponsorship

Immediate Relatives of U.S. Citizens: Includes spouses, unmarried children under 21, and parents (if the U.S. citizen sponsor is 21 or older). These visas have no annual limits, making processing faster.
Family Preference Categories: For more distant relatives, such as unmarried adult children, married children, and siblings of U.S. citizens, as well as spouses and children of lawful permanent residents. Processing times for these categories vary due to annual limits.

Steps for Family Sponsorship

Petition Submission: The U.S. citizen or lawful permanent resident sponsor files Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).
Approval and Priority Date: Upon approval, the applicant is assigned a priority date, determining their place in line based on visa availability.
Consular Processing: Once the priority date is current, the applicant attends a consular interview at the U.S. embassy in Colombia.
Green Card Approval: If the application is successful, the applicant receives an immigrant visa, allowing them to enter the U.S. as a permanent resident.

2. Employment-Based Green Card

An employment-based Green Card can be obtained if a U.S. employer sponsors you or if you qualify as a skilled worker, professional, or investor.

Types of Employment-Based Green Cards

EB-1: For individuals with extraordinary ability, outstanding professors and researchers, and certain multinational executives.
EB-2: For professionals with advanced degrees or exceptional abilities in their field.
EB-3: For skilled workers, professionals, and unskilled workers.

Steps for Employment-Based Sponsorship

Job Offer and Labor Certification: In most cases, the U.S. employer must obtain a Labor Certification from the Department of Labor, demonstrating that hiring a foreign worker won’t negatively impact U.S. workers.
Petition Submission: The employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS.
Consular Processing or Adjustment of Status: Once approved, the applicant can apply for a Green Card either through consular processing in Colombia or adjustment of status if already in the U.S.

3. Investment-Based Green Card (EB-5)

The EB-5 Immigrant Investor Visa is designed for individuals who can invest significant capital in a U.S. business and create at least ten full-time jobs for U.S. workers.

Requirements for EB-5

Investment Amount: A minimum investment of $1.8 million (or $900,000 in targeted employment areas).
Job Creation: The investment must create or preserve at least ten full-time jobs for U.S. workers.

Steps for the EB-5 Visa

Investment in a Qualified Business: Invest the required amount in a new commercial enterprise or a designated regional center.
Petition Filing: File Form I-526, Immigrant Petition by Alien Investor.
Consular Processing: Upon approval, attend an interview at the U.S. embassy in Colombia to finalize the immigrant visa application.

4. Diversity Visa Lottery

The Diversity Visa (DV) Lottery is a program that offers permanent residency to individuals from countries with historically low rates of immigration to the U.S. Colombia qualifies for this program, allowing Colombians to apply through an annual lottery.

Steps for the Diversity Visa

Enter the Lottery: Submit an application through the official DV Lottery website during the entry period (typically in October).
Selection: If selected, complete the application process, attend an interview at the U.S. embassy, and provide required documents, including proof of education or work experience.
Receive the Green Card: If approved, you can enter the U.S. as a permanent resident.

5. Other Paths to U.S. Permanent Residency

Asylum or Refugee Status

Colombian nationals facing persecution due to race, religion, nationality, political opinion, or membership in a particular social group can apply for asylum (if already in the U.S.) or refugee status (from outside the U.S.). If granted, asylum or refugee status can lead to permanent residency.

Special Immigrant Juvenile Status (SIJS)

For children from Colombia who have been abandoned, neglected, or abused and are present in the U.S., Special Immigrant Juvenile Status can lead to a Green Card.

6. General Steps to Obtain U.S. Permanent Residency

Step 1: Determine Eligibility

Identify which pathway suits your situation best, whether through family, employment, investment, or another route.

Step 2: Submit the Appropriate Petition

Depending on the route, submit the necessary petition or application, such as Form I-130 for family sponsorship or Form I-526 for investment.

Step 3: Attend Consular Processing or Adjustment of Status

If approved, apply for a Green Card through consular processing (if outside the U.S.) or adjustment of status (if within the U.S.).

Step 4: Attend the Interview

For most cases, an interview at the U.S. embassy in Bogotá, Colombia, or a USCIS office in the U.S. will be necessary.

Step 5: Receive Your Green Card

If approved, you will receive a visa to enter the U.S. as a permanent resident. Your Green Card will be mailed to you after entry.

7. Frequently Asked Questions (FAQs)

1. How long does it take for a Colombian citizen to get a U.S. Green Card?
Processing times vary by visa type, ranging from a few months to several years, depending on factors such as visa availability and petition type.

2. Can Colombians work in the U.S. while waiting for a Green Card?
In some cases, yes. If you are in the U.S. on a visa that allows work authorization or have applied for adjustment of status, you may be eligible for a work permit.

3. Do Colombians need a sponsor to apply for a Green Card?
Yes, for family- and employment-based Green Cards. Investment and Diversity Visas do not require a sponsor.

4. Is it possible for Colombian students to obtain a Green Card?
Yes, students may transition to a Green Card if they qualify for employment-based sponsorship after completing their studies.

5. Can a Colombian citizen apply for a Green Card while living in the U.S. on a tourist visa?
Applying for a Green Card on a tourist visa can be complex and is generally not recommended due to intent issues. It’s best to consult an immigration attorney for guidance.