A US Green Card, also known as a Permanent Resident Card, allows immigrants to live and work in the United States permanently. Getting one is a crucial step for many in realizing their American dream. In this guide, we explore the essentials of obtaining a US Green Card, helping you navigate your journey towards permanent residency in the US.
Table of Contents
Section 1: Understanding the US Green Card
Subsection 1.1: Overview of the US Green Card
The Green Card is a ticket to a permanent resident status in the United States, granting holders the legal right to live and work in the US indefinitely.
Subsection 1.2: Types of Green Cards
Green Cards can be obtained through various ways, including:
- Family-Sponsored Green Cards: For immediate relatives of US citizens or permanent residents.
- Employment-Based Green Cards: For certain categories of employment or job offers from US companies.
- Refugee or Asylee Status: For individuals who were admitted to the US as refugees or as qualifying asylees.
- Diversity Visa (DV) Program or “Lottery”: For individuals from countries with historically low rates of immigration to the US.
Section 2: Eligibility Criteria for US Green Cards
Each type of Green Card comes with specific eligibility criteria:
Family-Sponsored Green Cards
To be eligible, you must be an immediate relative of a U.S. citizen or a permanent resident. Immediate relatives of U.S. citizens include spouses, unmarried minor children, and parents. There are also preference categories for other family members, such as married children and siblings of U.S. citizens, but these often come with longer waiting times.
Employment-Based Green Cards
To qualify, you must have a permanent employment opportunity in the U.S. and fall into one of the preference categories, such as having extraordinary ability in the sciences, arts, education, business, or athletics, or being a member of a profession requiring an advanced degree.
Refugee or Asylee Status
Refugees and asylees may apply for a Green Card one year after being admitted to the U.S. as a refugee or being granted asylee status.
Diversity Visa “Lottery”
To be eligible, you must be a native of a country with historically low rates of immigration to the U.S. and have at least a high school education or its equivalent, or two years of work experience in an occupation requiring at least two years of training or experience.
Section 3: Application Process for US Green Cards
The application process can differ depending on the type of Green Card:
Family-Sponsored Green Cards
- Petition Filing: A family member who is a U.S. citizen or permanent resident files a Form I-130, Petition for Alien Relative.
- Petition Approval: The U.S. Citizenship and Immigration Services (USCIS) approves the petition.
- Visa Availability: Based on your priority date and visa bulletin, you wait until a visa is available.
- Green Card Application: When a visa becomes available, you either apply for an adjustment of status (if you’re in the U.S.) or apply for an immigrant visa (if you’re outside the U.S.).
Employment-Based Green Cards
- Petition Filing: Your prospective employer in the U.S. files a Form I-140, Immigrant Petition for Alien Worker.
- Petition Approval: USCIS approves the petition.
- Visa Availability: You wait until a visa is available based on your priority date and visa bulletin.
- Green Card Application: When a visa becomes available, you apply for an adjustment of status or for an immigrant visa.
Refugee or Asylee Status
You apply for a Green Card one year after being admitted to the U.S. as a refugee or after being granted asylee status by filing a Form I-485, Application to Register Permanent Residence or Adjust Status.
Diversity Visa “Lottery”
- Lottery Entry: You enter the Diversity Visa lottery during the open submission period.
- Selection and Notification: If selected, you will be notified, and you can apply for an immigrant visa.
- Visa Interview: You attend an interview at a U.S. embassy or consulate.
Section 4: Essential Documents and Detailed Steps for Green Card Application
Applying for a U.S. Green Card is a detailed process and requires various documents. Below are the general steps and documents needed for the application process:
General Steps for Applying for a Green Card
- Determine your eligibility category: This could be through family, a job offer, refugee or asylee status, or the Diversity Visa lottery.
- File an immigrant petition: Usually, someone else (a family member or employer) needs to file the petition on your behalf, but sometimes you may be eligible to file for yourself.
- Wait for a decision on your petition: USCIS will notify you of their decision. If the petition is denied, USCIS will send a notice explaining why.
- Wait for a visa number to be available: In some categories, there are more approved petitions than available visas. In these cases, you may have to wait for a visa to become available.
- Go to your consular processing appointment: If you are outside the U.S., you will need to go to a consular processing appointment at a U.S. embassy or consulate in your home country.
Essential Documents Required
While the required documents may vary depending on your specific situation, here are some common ones:
- Form I-485 (Application to Register Permanent Residence or Adjust Status)
- Birth certificate
- Passport-style photos
- Form I-693 (Report of Medical Examination and Vaccination Record)
- Form I-864 (Affidavit of Support) (if applicable)
- Copy of passport page with nonimmigrant visa (if applicable)
- Copy of passport page with admission (entry) or parole stamp (if applicable)
- Form I-94 (Arrival/Departure Record) (if applicable)
- Certified police and court records of all criminal charges, arrests, or convictions (if applicable)
- Form I-601 (Application for Waiver of Grounds of Inadmissibility) (if applicable)
The above information is a general guide and does not substitute legal advice. Always consult with an immigration attorney or expert when navigating your Green Card application process.
Section 5: Frequently Asked Questions about US Green Cards
Here are some of the most commonly asked questions regarding the U.S. Green Cards:
How long does it take to get a Green Card?
Processing times can vary significantly depending on the type of Green Card you’re applying for, your country of origin, and the current workload of the USCIS. It’s recommended to check the most current processing times on the official USCIS website.
Can I include my family members in my application?
Yes, when you apply for a Green Card, you can include your spouse and unmarried children under 21 years old as dependents.
Can I work while my Green Card application is being processed?
In many cases, you can apply for an Employment Authorization Document (EAD) while your Green Card application is being processed. This would allow you to work legally in the U.S. during this time.
Can I travel while my Green Card application is being processed?
If you’re applying from within the U.S., you should avoid unnecessary travel until you’ve received your Green Card or an Advance Parole document to avoid the risk of being denied reentry.
How can I maintain my Green Card status?
To maintain your status as a permanent resident, you should not stay outside the U.S. for more than a year without obtaining a reentry permit or returning resident visa.
What are the responsibilities of a Green Card holder?
As a Green Card holder, you’re expected to obey all U.S. laws at the federal, state, and local levels. You’re also expected to file income tax returns and report your income to the U.S. Internal Revenue Service (IRS) and state taxing authorities.
