Get Your Green Card: Path to US Residency

Getting a green card for permanent U.S. residency is a complex journey. This guide will help you understand the different ways to get a green card. We’ll cover family, work, and other options to make your American dream come true¹.

Key Takeaways

Understand the different categories of green cards, including family-based, employment-based, and special immigrant options.
Familiarize yourself with the eligibility criteria and application process for each green card type.
Explore alternative pathways to permanent residency, such as refugee, asylee, and diversity visa programs.
Learn about the importance of maintaining continuous residence and good moral character to retain your green card status.
Discover the steps to transitioning from a green card holder to a U.S. citizen through the naturalization process.

What is a Green Card?

A Green Card, also known as a Permanent Resident Card, is a document from the U.S. Citizenship and Immigration Services (USCIS). It proves an individual’s right to live and work in the United States permanently². As a permanent resident, Green Card holders can live, work, and study in the country without limits.

Definition and Importance of a Green Card

The Green Card is key for those who have been approved to immigrate to the United States. It shows an immigrant’s legal right to live and work here forever. Having a Green Card brings many benefits, like traveling freely and eventually applying for U.S. citizenship.

Eligibility Criteria for Green Card

To get a Green Card, individuals must meet certain criteria from the USCIS. These criteria depend on personal situations, like family relationships, employment, or humanitarian grounds. Applicants must go through a detailed review to show they meet the requirements. The eligibility requirements make sure only the right people get permanent resident status in the United States.

“The Green Card represents the culmination of a journey for many immigrants, granting them the opportunity to establish a permanent life in the United States.”

Getting a Green Card is a big step for those wanting to make the United States their home. It opens up many possibilities and lets them fully join in the country’s social, economic, and civic life.

Family-Based Green Card

Getting a Green Card through family is a common way. If you’re a U.S. citizen’s spouse, child under 21, or parent over 21, you can apply. These relatives always have a visa ready, and there’s no limit to the number of visas for them³.

The U.S. Citizenship and Immigration Services (USCIS) can approve your application if you meet certain criteria. They might grant waivers or other relief depending on your situation³.

Immediate Relatives of US Citizens

Immediate relatives can file Form I-485 with Form I-130 at the same time or after approval³. You’ll need to submit several forms, including I-485 and I-130, along with a filing fee. If you can’t afford the fee, you might be eligible for a waiver³.

Spouses or children of immediate relatives need to qualify for a Green Card on their own. They can apply for work authorization and travel permission while waiting for their application³.

Other Family Preference Categories

There are other family categories for Green Cards, like unmarried children, married children, and siblings of U.S. citizens⁴. These categories have a limited number of Green Cards each year, causing long waits⁴.

To apply from within the U.S., you need to file Form I-485 and be physically present. You must also have a visa available⁵. Some people might be barred from adjusting their status, but INA 245(i) can help⁵.

Being admissible to the U.S. is key for a Green Card. The law lists reasons you might not be admissible⁵. The main applicant must meet specific requirements and provide certain documents. Family members can apply based on the main applicant’s status⁵.

Immediate relatives have unlimited visas, but other categories face limits, leading to long waits⁴. USCIS rejects many I-130 petitions each year. The approval of the I-130 and the current priority date are critical for those in family preference categories⁴.

The Visa Bulletin updates priority dates for family immigrants monthly. Some categories have shorter waits, while others can take years due to high demand⁴.

Employment-Based green card

The employment-based green card offers a way to live permanently in the U.S. for those with special skills or big investments. It has several subcategories, each with its own rules⁶.

Immigrant Workers

The green card for immigrant workers falls under EB-1, EB-2, and EB-3. To qualify, you need an approved Form I-140 and meet certain criteria. This includes having extraordinary ability or being an outstanding professor⁶.

You also need to be in the U.S. and have a job offer from the employer who filed the Form I-140⁶.

Physicians and National Interest Waivers

Physicians willing to work in underserved areas can get a green card through the National Interest Waiver (NIW) program. This program lets healthcare professionals skip the labor certification process⁶.

Immigrant Investors

The EB-5 program is for those who invest in a new U.S. business and create jobs. You need to invest a lot and create at least 10 jobs for U.S. workers⁶.

There’s a limit of 7,700 EB-5 visas each year. But, USCIS and DOS have used all visas except for EB-5 in recent years⁷.

Getting an employment-based green card can be tough. But, with the right help and documents, you can make it happen⁶.

Special Immigrant green card

The special immigrant Green Card offers a unique way to get permanent residency in the U.S. It’s for people who don’t fit the usual family or work-based criteria. This includes religious workers and special immigrant juveniles.

Religious Workers

Religious workers get a special immigrant Green Card to work in the U.S. for a nonprofit religious group. They can be ministers, religious professionals, or work in other religious roles⁸. The application process is complex, and they often have to leave the U.S. for about 4.5 years⁸.

Special Immigrant Juveniles

This category helps young people who were abused, abandoned, or neglected by a parent. They need a juvenile court’s protection⁸. To qualify, they must file their ‘Special Immigrant’ petition with USCIS before they turn 25⁸. The process has specific rules about their U.S. residency and application timing.

Getting a special immigrant Green Card is tough, but it’s a great chance for those who qualify. It lets them live lawfully in the United States⁸⁹¹⁰.

Refugee and Asylee Status

If you’ve been granted refugee or asylee status in the U.S., you might qualify for a refugee green card or asylee green card. Refugees must have been in the U.S. for at least a year¹¹. Asylees need to have been granted asylum status a year before applying for permanent residency¹¹.

As an asylee, you must be in the U.S. when you file Form I-485. You also need to have been in the U.S. for at least 1 year after getting asylum¹¹. You can’t have resettled in another country, and your asylum can’t have been taken away¹¹. You must also be admissible to the U.S. or have a waiver¹¹. Your spouse or child, as derivative asylees, must also show 1 year of U.S. presence after asylum¹¹.

For refugees, U.S. law requires you to apply for a Green Card after 1 year in the U.S¹².. You must file Form I-485, have been admitted as a refugee, and be physically present in the U.S¹².. Some inadmissibility grounds can be waived for refugees¹². You’ll need to submit documents like proof of refugee admission and identification¹². Your spouse or child, as derivative applicants, have similar requirements¹².

Both refugees and asylees can work right away in the U.S., and EAD processing times vary¹². Refugees don’t pay for EADs, and their EADs are valid until they expire¹². When applying for a Green Card, follow USCIS’s filing procedures¹².

“The United States has a long tradition of welcoming refugees and asylees, who have faced persecution in their home countries. Obtaining a Green Card is a key step in their journey to becoming permanent residents and eventually, U.S. citizens.”

Whether you’re a refugee or an asylee, knowing the eligibility and application process for a refugee green card or asylee green card is important. It helps you on the path to U.S. residency and citizenship¹¹¹².

Green Card for Victims

Certain victims of crimes and abuse may get a Green Card through special programs. This includes those who were victims of human trafficking with a T visa. Also, victims of certain crimes with a U visa, and those who suffered domestic abuse or violence.

Human Trafficking Victims

To get a Green Card, victims must have been in the U.S. for at least three years. This is after they were admitted as a U-1 nonimmigrant¹³. Family members, like spouses and children, can also get a Green Card through U nonimmigrant status¹³.

Getting a Green Card through U nonimmigrant status is a decision based on many factors. These include family ties, hardship, and how long they’ve lived in the U.S¹³.. Meeting standard admissibility requirements is not always needed, except for certain cases¹³.

Crime Victims

Victims of certain crimes with a U visa may also get a Green Card. When applying, certain forms have fees that need to be paid unless you qualify for a fee waiver¹³.

Victims of Abuse and Violence

Those who suffered battery or extreme cruelty can get a Green Card under the Violence Against Women Act (VAWA)¹⁴. To apply, you need to file Form I-485 and be in the U.S. at the time of filing¹⁴.

VAWA self-petitioners are exempt from most bars to adjustment of status¹⁴. They might be inadmissible for specific reasons, but are generally exempt from many¹⁴. Visa availability is key in the adjustment process for VAWA self-petitioners¹⁴.

When adjusting status as a VAWA self-petitioner, you’ll need to submit various documents. These include Form I-485, medical records, and passport copies¹⁴. Some forms have fees, but waivers or fee exemptions might be available¹⁴.

VAWA self-petitioners have special confidentiality protections. They can use a safe address for USCIS mail correspondence¹⁴. Unmarried children under 21 of VAWA-based principal applicants can also apply for a Green Card as derivative family members¹⁴.

Diversity Immigrant Visa Program

The Diversity Immigrant Visa Program, also known as the green card lottery, offers a special way to get a permanent home in the United States. It’s for people from countries that don’t send many immigrants here¹⁵. Every year, up to 50,000 visas are given out, letting winners apply for a Green Card and chase their American dreams¹⁵¹⁶.

To qualify, you need a high school diploma or work experience that’s just as valuable¹⁶. The goal is to bring more diversity by giving visas to those from countries that send fewer immigrants¹⁶.

The application is online and free to enter¹⁶. But remember, you can only submit one entry per person each time. Sending more than one can get you kicked out of the running¹⁶.

Winners who live outside the U.S. will go through consular processing to get their Green Card¹⁵. A few winners already in the U.S. can apply to change their status through USCIS¹⁵.

Winners must finish their adjustment of status within the same year. They need to show they were picked, have a visa and are allowed to enter the U.S¹⁵.

It’s key to watch out for scams and not send money to fake helpers¹⁵. The Diversity Immigrant Visa Program is a real chance for those wanting to live in the U.S. permanently.

“The Diversity Immigrant Visa Program is a unique and valuable opportunity for individuals from underrepresented countries to pursue the American dream.”

green card through Other Categories

There are many ways to get a Green Card in the United States, not just through family or work. Some programs help specific groups, like Liberian refugees, Cubans, and those who faced hardship or persecution. These paths offer a chance for permanent residency¹⁷.

Liberian Refugee Immigration Fairness

The Liberian Refugee Immigration Fairness (LRIF) program helps certain Liberian nationals in the U.S¹⁷.. It was made for those who fled civil war and political unrest in Liberia.

Cuban Adjustment Act

The Cuban Adjustment Act lets Cuban nationals with a year in the U.S. apply for a Green Card¹⁷. It was started in 1966 for those fleeing Cuba’s communist regime.

Lautenberg Parolees

The Lautenberg Amendment helps certain religious groups from the former Soviet Union¹⁷. These groups, known as Lautenberg Parolees, might get a Green Card through this program.

Category	Eligibility Criteria
Liberian Refugee Immigration Fairness	Liberian nationals who have been living in the U.S. for a certain period
Cuban Adjustment Act	Cuban nationals physically present in the U.S. for at least one year
Lautenberg Parolees	Religious minority groups from the former Soviet Union seeking refuge in the U.S.

These programs show the U.S. immigration system’s complexity and diversity¹⁷. They offer different ways to get a Green Card. The goal is to help people build new lives and contribute to American society.

Continuous Residence and Registry

The registry provision is a special way for people who have lived in the United States for a long time. They can apply for a Green Card, even if they didn’t have the right status before. This rule has helped many people become Lawful Permanent Residents (LPRs) over the years¹⁸.

Between 1985 and 1989, 58,914 people got their LPR status through registry¹⁹. But, the number of people getting this status has gone down. In the 1990s, 11,191 people got it, then 2,319 in the 2000s, and only 911 in the 2010s¹⁹.

By 2018, 5.4 million undocumented immigrants had been in the U.S. for over 18 years¹⁹. If the registry date was moved to 2010, 6.8 million could apply for LPR status, according to the Center for American Progress¹⁹.

To qualify for registry, you must have entered the U.S. before 1972 and lived here continuously. You also need to show you’re a good person¹⁸. This process is simpler because you don’t need a U.S. sponsor or a medical exam¹⁸. But, new laws have made it harder to qualify because of certain crimes¹⁸.

Even though registry has helped many, fewer people are benefiting today. This shows we need Congress to update the registry date. This could help millions of people apply for LPR status¹⁹.

“According to USCIS, individuals without a record of lawful admission for permanent residence qualify for registry if they meet specific conditions, including entering the United States before January 1, 1972, maintaining continuous residence, and demonstrating good moral character.”

The green card Application Process

Getting a green card can be a long and tricky journey. But knowing the forms, documents, and fees needed can make it easier²⁰.

Required Forms and Documentation

To apply for a Green Card, you’ll need to fill out several forms. These include Form I-130, Form I-140, Form I-730, and Form I-589²⁰. Depending on your situation, you might also need Form I-360, Form I-526, Form I-918, and Form I-929²⁰.

There are two main ways to apply: through USCIS if you’re in the U.S. or through the U.S. Department of State if you’re outside²⁰. You’ll also need to go to a biometrics appointment for fingerprints and photos²⁰. It’s a good idea to sign up for a Case Status Online account for updates on your application²⁰.

Make sure to update your address with USCIS and USPS right after you file²⁰. This helps avoid delays and losing important documents. You can find more information on traveling and renewing your card on the USCIS website²⁰.

Application Fees

The cost of a Green Card varies based on your situation²⁰. Most applicants need a medical exam²¹. Some might also need to show they can support themselves without public help²¹.

For work-based green cards, about 90% of EB-2 and EB-3 need a Labor Certification²². Delays in some categories can slow down your application²². USCIS has rules on how many green cards can go to people from the same country²². It’s not always best to file both the I-140 and I-485 at the same time²².

Maintaining Your green card Status

As a green card holder, keeping your status valid is key. You need to renew your green card and get a new one if it’s lost or damaged²³. You can lose your status if you move to another country permanently or stay outside the U.S. for too long²³.

Renewal and Replacement

Green cards need to be renewed every 10 years, or sooner if they expire²³. You can find forms to replace your card or help family members become permanent residents²³. If your card is close to expiring, you can renew it when you return to the U.S²⁴..

If your green card is lost or damaged, you must apply for a new one. This keeps your proof of permanent resident status up to date. It also helps you avoid problems with living, working, or studying in the U.S²³..

Rights and Responsibilities

As a green card holder, you can live, work, and study in the U.S. forever. But, you also have duties. For example, you must tell USCIS about any address changes and avoid actions that could take away your status²³.

To keep your green card, learn about USCIS guidelines and resources. They offer help with settling in the U.S., getting re-entry permits, and renewing or replacing your card²³. Also, if you need to stay outside the U.S. for a long time, there are special rules and procedures²⁴.

Requirement	Description
Renewal	Green cards must be renewed every 10 years, or earlier if the card expires. Application forms are available for this process.
Replacement	If your green card is lost or damaged, you must apply for a replacement to maintain your permanent resident status.
Rights	As a green card holder, you have the right to live, work, and study in the U.S. permanently.
Responsibilities	Green card holders must notify USCIS of address changes and avoid actions that could lead to the revocation of their permanent resident status.

“Maintaining your green card status is essential for ensuring your continued ability to live, work, and study in the United States. It’s important to stay informed about the renewal, replacement, and legal requirements to avoid any disruptions in your permanent resident status.”

From green card to US Citizenship

Getting a green card is a big step towards the American dream. But, it’s just the start. After 5 years, green card holders can apply for citizenship. This means they get all the rights and benefits of being an American²⁵.

The path to citizenship includes several steps. First, you must fill out Form N-400. Then, you need to provide documents, pass tests, and go to an interview. USCIS says many applications need more evidence²⁵.

After approval, you’ll get to take the Oath of Allegiance at a ceremony. This is when you officially become a U.S. citizen. While many ceremonies happen on the same day, schedules can change²⁵. Taking the oath is a key moment, and USCIS reports most people succeed²⁵.

During the ceremony, you’ll fill out Form N-445. This includes a questionnaire. USCIS says most people complete it successfully²⁵. You’ll also need to give up your green card, and most do²⁵.

While the process is usually smooth, there can be hiccups. Mistakes on your Certificate of Naturalization or needing corrections are common. It’s important to check your documents carefully²⁵.

As a U.S. citizen, you get to vote, serve on juries, and apply for federal jobs. USCIS says naturalized citizens have similar rights and duties as those born in the U.S²⁵..

USCIS offers Free Naturalization Information Sessions to help. These sessions provide valuable information and guidance. It’s key to know about these resources²⁵.

In summary, becoming a U.S. citizen is a big achievement. It opens doors to new opportunities and responsibilities. By knowing what’s needed, green card holders can become proud American citizens²⁶²⁷.

Conclusion

Getting a Green Card is a big step towards living in the U.S. permanently. It’s a key part of the journey to becoming a U.S. citizen. There are different ways to get a Green Card, like through family, work, or special visas. The Diversity Visa program also gives out about 50,000 Green Cards each year²⁸.

The process of applying for a Green Card is detailed. It includes paying the USCIS Immigrant Fee for most people²⁸. You also have to keep living in the U.S. and meet certain health requirements for your kids²⁸. But, the benefits of having a Green Card are huge. You can work and live in the U.S. legally²⁸.

People apply for a Green Card for many reasons. They might want to be with their family, find a job, or escape danger. The journey to get a Green Card is complex but worth it. By following the rules and requirements, you can start living the American dream.

FAQ

What is a Green Card and why is it important?

A Green Card lets you live and work in the U.S. forever. It’s given by the U.S. Citizenship and Immigration Services (USCIS). It gives you the right to live, work, and study in the U.S. without limits.

What are the different ways to become a permanent resident and obtain a Green Card?

There are many ways to get a Green Card. You can be sponsored by a family member or employer. Or, you might qualify as a refugee or asylee. Knowing which category you fit into is the first step.

How can I get a Green Card through family-based immigration?

Family members of U.S. citizens can apply for a Green Card. This includes spouses, children under 21, and parents over 21. Other relatives may also qualify, depending on their relationship to a U.S. citizen or Green Card holder.

What are the requirements for an employment-based Green Card?

Employment-based Green Cards are for skilled workers. This includes people with extraordinary ability and those who are outstanding in their field. Doctors and immigrant investors also qualify under certain conditions.

What is a special immigrant Green Card, and who is eligible?

Special immigrant Green Cards are for specific groups. This includes religious workers and special immigrant juveniles. It also covers other groups not in the family or employment categories.

How can I get a Green Card if I have refugee or asylee status?

Refugees and asylees can apply for a Green Card. Refugees must have been in the U.S. for at least a year. Asylees must have been granted asylum for at least a year before applying.

Can I get a Green Card if I am a victim of a crime or abuse?

Yes, victims of crimes and abuse can get a Green Card. This includes those who have been victims of human trafficking, certain crimes, and domestic abuse.

What is the Diversity Immigrant Visa Program, and how can it lead to a Green Card?

The Diversity Immigrant Visa Program, or green card lottery, offers a chance for permanent residency. It’s for people from countries with low immigration rates to the U.S. Winners of the lottery can apply for a Green Card.

Are there any other less common ways to obtain a Green Card?

Yes, there are other ways to get a Green Card. This includes the Liberian Refugee Immigration Fairness program and the Cuban Adjustment Act. These programs help specific groups of immigrants.

How do I apply for a Green Card, and what is the process like?

Applying for a Green Card involves filling out forms and providing documents. You’ll need to submit the I-485 and I-130 forms, depending on your situation. The cost varies, but it can be hundreds or thousands of dollars.

What are my responsibilities as a Green Card holder?

As a Green Card holder, you have the right to live and work in the U.S. You must also report address changes to USCIS. Avoid actions that could revoke your status.

How can I become a U.S. citizen with a Green Card?

Getting a Green Card is a step towards U.S. citizenship. If you’ve had a Green Card for 5 years, you can apply for citizenship. This gives you all the rights and benefits of being an American citizen.