A Chinese citizen can receive a green card through a qualifying family member, like a U.S. citizen fiancé, husband, or wife. U.S. citizens also can file for their children, siblings, and parents. A current U.S. lawful permanent resident (LPR) only can file a petition for a spouse or children. The processing times vary based on the qualifying relationship. For example, a spouse of a U.S. citizen is considered an 'immediate relative' and receives fast processing -- usually less than one year from initial application to final approval. Wait time for a LPR's spouse from China takes about four years because of a limited number of visas available to non-immediate relatives, which includes children over 21 years old and siblings. The visa limit provides a strong incentive for LPRs to become U.S. citizens.
Another way for Chinese citizens to obtain permanent residency is through employment-based petitions. Each year, U.S. employers sponsor thousands of foreigner workers and their families. Chinese citizens might qualify for a green card through occupations in engineering, science, medicine, and math. All candidates must hold at least a bachelor's degree. Before spending significant amounts of money to gain status, Chinese citizens should research the potential employer, especially as many scam artists falsely advertise sponsorship opportunities. Another way to get a green card is through the EB-5 visa program. The EB-5 visa allows foreign investors, such as Chinese citizens, to obtain green cards if they invest at least $500,000 in the U.S. and create at least ten jobs.
Permanent residency represents long term, immigrant status that differs from nonimmigrant status, such as given to tourists or students. A green card allows a Chinese citizen to work and reside in the U.S. with the potential of attaining U.S. citizenship -- if desired. Green cards normally are valid for ten years. To successfully renew permanent residency, applicants must demonstrate good moral character (for example, consistently pay taxes, no significant arrests or convictions) and residence in the U.S. for at least six months each year unless a waiver has been granted. Permanent residency can be rescinded because of fraud or criminal activity. For instance, if a Chinese citizen arranges marriage to a U.S. citizen fraudulently, just for the immigration benefit, then the green card can be taken away.
