Green Card Routes When Your Immigrant Visa Is Unavailable

Published: March 6, 2025

The US Citizenship and Immigration Services (USCIS) continued its efforts to reduce visa backlogs in FY 2024. The backlog is 11.2 percent lower than the previous year, equivalent to 479,000 fewer pending cases. This is due to the completion of a record-high 13.2 million cases. 

Still, the US immigration system operates within numerical limits established by law. Such restrictions can result in significant waiting periods for applicants, particularly from countries with high demand, such as India and China. 

The upside is that there are alternative pathways to consider. Typically, an immigrant visa enables a foreign national to obtain a green card after entering the US with a few additional steps and considerations. However, an immigrant visa can be more challenging to secure because of backlogs and numerical limits. 

You can avoid the delays and complexities of visa applications for frequent visits by obtaining a green card. Learn the potential green card routes you can pursue to secure permanent residency when your immigrant visa is unavailable. 

Family-Based Green Card

Family sponsorship is one of the most well-known ways to get a green card. Despite numerical restrictions on many family-based green cards, processing timelines are faster for specific categories. 

There is typically a special immigration priority for immediate relatives of US citizens. However, this priority is limited to their parents, spouses, and unmarried children under 2I. Establishing that there’s an existing qualifying family relationship between the petitioner and an immediate relative is imperative. 

Employer-Based Green Card

Employer sponsorship is another viable option for a green card. Unlike temporary employer-specific visas, an employer-based green card allows holders to work for any company in the US. 

That means the green card holder can switch jobs or work for a different employer without getting a new visa and seeking another employer’s sponsorship. In some cases, their spouses and children may qualify for derivative green cards. 

Special Immigrant Green Card 

Individuals from distinct groups who have experienced specific hardships due to their circumstances or affiliations with the US can be eligible for special immigrant green cards. This green card category encompasses several subgroups, each with different eligibility requirements.

The employer or the noncitizen must submit the petition to USCIS, depending on the immigration category. For instance, certain noncitizen children who have gone through parental abuse, neglect, or abandonment can secure a green card under the special immigrant juvenile (SIJ) classification. 

On the other hand, the following special immigrants can be eligible for employment-based immigration: 

• Religious workers
• International broadcasters
• Retirees or employees of eligible international organizations or NATO
• Afghanistan or Iraq National

Green Card for Refugees and Asylees

Individuals granted asylum or refugee status can qualify for a green card. Refugees can secure a green card at least one year after their admission. Meanwhile, asylees may apply one year after the grant of asylum. 

This pathway provides protection and a route to permanent residency for those fleeing persecution in their home countries and unable to acquire an immigrant visa due to backlogs. Eligible family members may also seek protection in the US under these programs and eventually apply for a green card. 

Secure Permanent Residency With ALG Lawyers

Various green card routes are available, each with specific requirements and timelines. Understanding how they work is critical in successfully navigating the US immigration system and securing permanent residency. It’s equally important to ensure compliance with immigration laws. 

With that in mind, consulting a reliable Los Angeles immigration lawyer is highly advantageous. ALG Lawyers has a proven track record of handling a variety of immigration cases. Contact our team today for a scheduled appointment.