Learn about types of Green Cards, eligibility, costs, application process, and timeline.
February 14, 2024
A Green Card, also known as a Permanent Resident Card, is a document that serves as proof of a foreign national’s permanent residency status in the United States. It allows an individual to live and work in the United States on a permanent basis. With a Green Card, a foreign national can enjoy many of the same benefits as a U.S. citizen, such as the ability to apply for certain jobs, travel freely in and out of the United States, and apply for U.S. citizenship after meeting certain requirements. It is important to note that a Green Card does not confer U.S. citizenship, but rather provides the opportunity to pursue it.
In this article, we’ll discuss the following topics related to the Green Card and permanent residency.
The Green Card serves as a gateway to permanent residency in the United States, offering individuals the opportunity to live and work in the country indefinitely. However, it is important to note that there are different types of Green Cards, each tailored to specific circumstances and with unique eligibility criteria.
Family-based Green Cards are available to U.S. citizens and lawful permanent residents (LPRs) who have qualifying family relationships with foreign nationals. There are two main types of family-based Green Cards.
Immediate Relative Green Cards are available to the following foreign nationals.
Immediate Relative Green Cards also extend to fiancé(e)s of U.S. citizens. If a U.S. citizen is engaged to a foreign national, they can file a petition for a K-1 fiancé visa, which allows the fiancé(e) to enter the United States for the purpose of getting married. After the marriage takes place, the foreign national can then apply for a marriage-based Green Card as the spouse of a U.S. citizen.
There is no annual limit to the number of Immediate Relative Green Cards that can be issued, and processing times are generally faster than other family-based Green Cards.
Family Preference Green Cards are available to the following foreign nationals.
Family Preference Green Cards have annual quotas, and processing times can be lengthy, particularly for categories with high demand.
To apply for a family-based Green Card, the U.S. citizen or LPR sponsor must file a Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). The sponsor must demonstrate that they have a qualifying family relationship with the foreign national, and that they have the financial means to support the foreign national.
Foreign nationals who are inside the U.S. and are immediate relatives of U.S. citizens may be eligible to apply for adjustment of status to obtain their Green Card. Foreign nationals who are outside the U.S. or who are not immediate relatives of U.S. citizens must go through consular processing to obtain their Green Card.
It is essential to understand the eligibility requirements for family-based Green Cards and the specific procedures for applying based on the type of relationship and the location of the foreign national.
Employment-based Green Cards are available to foreign nationals who are sponsored by a U.S. employer for a job offer in the United States. There are five preference categories for employment-based Green Cards, each with its own set of requirements.
The EB-1 category is reserved for individuals with extraordinary ability in the arts, sciences, education, business, or athletics, as well as outstanding professors and researchers, and multinational executives and managers. To be eligible for an EB-1 Green Card, an individual must demonstrate sustained national or international acclaim in their field of expertise.
The EB-2 category is for professionals with advanced degrees or exceptional ability in the sciences, arts, or business. To be eligible for an EB-2 Green Card, an individual must have a job offer from a U.S. employer and demonstrate that they possess exceptional ability or an advanced degree that is equivalent to a U.S. master’s degree.
The EB-3 category is for skilled workers and professionals with a minimum of two years of experience or training in a skilled occupation. To be eligible for an EB-3 Green Card, an individual must have a job offer from a U.S. employer and demonstrate that they have the necessary skills and experience to perform the job.
The EB-4 category is for special immigrants, including religious workers, employees of U.S. foreign service posts, and other categories. To be eligible for an EB-4 Green Card, an individual must meet the specific criteria for the category and have a job offer from a U.S. employer.
The EB-5 category is for individuals who invest a minimum of $1.8 million in a U.S. business and create at least ten jobs. To be eligible for an EB-5 Green Card, an individual must demonstrate that their investment will create jobs and benefit the U.S. economy.
To apply for an employment-based Green Card, the U.S. employer must first obtain a labor certification from the U.S. Department of Labor. The employer must demonstrate that there are no qualified U.S. workers available for the job and that the foreign national will not displace U.S. workers.
Once the labor certification is approved, the employer must file a Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign national. The foreign national may also need to apply for a visa or adjust status to obtain their Green Card.
It is essential to understand the eligibility requirements and procedures for employment-based Green Cards, as they can be complex and vary depending on the category and the demand.
There are several categories of humanitarian-based Green Cards that are available to foreign nationals who have been granted refugee or asylee status, or who have been victims of abuse, crime, human trafficking, or other types of persecution. Here are some of the main categories.
Refugee and asylee Green Cards are available to foreign nationals who have been granted refugee or asylee status in the United States. These categories are designed for individuals who have fled their home country due to persecution or a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group.
To be eligible for a refugee or asylee Green Card, an individual must meet the following criteria.
Once an individual has been granted refugee or asylee status, they may apply for a Green Card after one year of being physically present in the United States. To apply for a refugee or asylee Green Card, the individual must file a Form I-485, Application to Register Permanent Residence or Adjust Status, with the U.S. Citizenship and Immigration Services (USCIS).
It is important to note that the eligibility criteria and application process for refugee and asylee Green Cards can be complex, and individuals may require the assistance of an experienced humanitarian immigration lawyer to navigate the process successfully.
Victims of abuse or domestic violence by a U.S. citizen or lawful permanent resident (LPR) spouse or parent may be eligible to apply for a Green Card under the Violence Against Women Act (VAWA). The VAWA provides protection and immigration relief to victims of abuse who may be afraid to report the abuse to law enforcement due to fear of deportation.
To be eligible for a VAWA-based Green Card, an individual must demonstrate that they have been subjected to physical or mental abuse by their U.S. citizen or LPR spouse or parent, and that they have a qualifying family relationship with the abuser. The following individuals may be eligible for a VAWA-based Green Card.
To apply for a VAWA-based Green Card, the individual must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the U.S. Citizenship and Immigration Services (USCIS). They must demonstrate that they have been subjected to abuse, and that they have a qualifying family relationship with the abuser.
It is important to note that the VAWA-based Green Card process is confidential, and the USCIS will not notify the abuser about the application. The USCIS also provides protections to individuals who have been subjected to abuse and may be afraid to report it to law enforcement.
If you or someone you know is currently experiencing domestic abuse, it is important to seek help right away. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233 or 1-800-787-3224 (TTY) and can connect you with available resources such as shelters, mental health care, and legal assistance. It is important to note that the hotline also provides information about Green Cards through the Violence Against Women Act (VAWA). Don’t hesitate to reach out for help if you or someone you know is in need.
Victims of certain types of crimes, including domestic violence, sexual assault, human trafficking, and other serious crimes, may be eligible to apply for a Green Card under the U visa program. The U visa program is designed to provide immigration relief and protection to victims of crimes who have suffered mental or physical abuse and have cooperated with law enforcement in the investigation or prosecution of the crime.
To be eligible for a U visa-based Green Card, an individual must meet the following criteria.
Once an individual has been granted a U visa, they may apply for a Green Card after three years of continuous presence in the United States. To apply for a U visa-based Green Card, the individual must file a Form I-485, Application to Register Permanent Residence or Adjust Status, with the U.S. Citizenship and Immigration Services (USCIS). The U visa program has a cap of 10,000 visas per year, and demand often exceeds supply.
Victims of human trafficking, including those who have been subjected to forced labor or sex trafficking, may be eligible to apply for a Green Card under the T visa program. The T visa program is designed to provide immigration relief and protection to victims of human trafficking who have suffered severe physical or mental abuse and have cooperated with law enforcement in the investigation or prosecution of the trafficking.
To be eligible for a T visa-based Green Card, an individual must meet the following criteria.
Once an individual has been granted a T visa, they may apply for a Green Card after three years of continuous presence in the United States. To apply for a T visa-based Green Card, the individual must file a Form I-485, Application to Register Permanent Residence or Adjust Status, with the U.S. Citizenship and Immigration Services (USCIS). The T visa program has a cap of 5,000 visas per year, and demand often exceeds supply.
Foreign nationals who are under the age of 21 and have been abused, neglected, or abandoned by a parent may be eligible to apply for a Special Immigrant Juvenile (SIJ) Green Card. The SIJ program is designed to provide immigration relief and protection to children who have been abused or neglected and cannot be reunified with their parents.
To be eligible for an SIJ-based Green Card, an individual must meet the following criteria.
Once an individual has been granted SIJ status, they may apply for a Green Card after one year of being physically present in the United States. To apply for an SIJ-based Green Card, the individual must file a Form I-485, Application to Register Permanent Residence or Adjust Status, with the U.S. Citizenship and Immigration Services (USCIS). The SIJ program is only available to children who have been abused, neglected, or abandoned, and not to those who have entered the United States illegally.
Green Card Through Registry is a pathway to permanent residency for individuals who have been living in the United States continuously since before January 1, 1972, but who have no record of legal entry or authorized stay.
To be eligible for a Green Card Through Registry, an individual must meet the following criteria.
The Green Card Through Registry application process is not as straightforward as other types of Green Card applications. Individuals must provide evidence of their continuous presence in the United States since before January 1, 1972, which can be difficult due to a lack of documentation.
It is important to note that Green Card Through Registry is only available to individuals who have been living in the United States continuously since before January 1, 1972. Individuals who do not meet this criterion may still be eligible for other types of Green Cards based on family, employment, or other factors.
A Conditional Green Card is a temporary Green Card that is issued to individuals who are eligible for a Green Card through marriage to a U.S. citizen or permanent resident. The Conditional Green Card is valid for two years and requires the holder to apply to remove the conditions within 90 days of the expiration date.
To be eligible for a Conditional Green Card through marriage, an individual must demonstrate that the marriage is legitimate and not solely for the purpose of obtaining a Green Card. The couple must also provide evidence of their ongoing marriage and relationship to remove the conditions on the Green Card.
The process to remove the conditions on a Conditional Green Card involves filing a petition with the U.S. Citizenship and Immigration Services (USCIS), providing all necessary documentation and evidence of the ongoing marriage, and attending an interview with a USCIS officer.
Once the conditions are removed, the individual will receive a permanent Green Card that is valid for ten years. The permanent Green Card provides the same benefits and rights as the regular Green Card, including the ability to live and work in the United States indefinitely.
It is essential to understand the requirements and limitations of the Conditional Green Card and ensure that all conditions are removed within the specified time frame. Failure to remove the conditions on the Green Card can result in the Green Card being revoked and the individual being subject to removal proceedings.
The Diversity Visa Program, also known as the Green Card Lottery, is a program that awards up to 50,000 Green Cards each year to individuals from countries with low rates of immigration to the United States. To be eligible for the Diversity Visa, an individual must meet the following requirements.
The Diversity Visa Lottery is held once a year, and applications are accepted during a specified period of time. The application process involves filling out an online application form and submitting it to the U.S. Department of State. Applicants are selected at random, and those who are selected are invited to apply for a Green Card. It is important to note that being selected in the Diversity Visa Lottery does not guarantee a Green Card, as there are a limited number of Green Cards available each year.
In addition to the most common types of Green Cards discussed earlier, there are several other types of Green Cards available for specific groups of people. These Green Cards include the following.
Special Immigrant Green Cards: The U.S. government issues Green Cards for “special immigrants,” including media professionals, religious workers, Afghanistan and Iraq nationals who have served the U.S. government under certain capacities, and other types of workers who have served in an international organization.
Cuban Adjustment Green Cards: Under the Cuban Adjustment Act, Cuban nationals and their spouses and children can apply for a Green Card after being physically present in the United States for at least one year.
American Indian Born in Canada Green Cards: Under the Jay Treaty, American Indians born in Canada with at least 50% American Indian ancestry can apply for a Green Card.
Other Categories: There are other categories for Green Card eligibility, including the Haitian Refugee Immigration Fairness Act, which provides Green Cards to Haitian nationals who entered the United States before December 31, 1995, and the LIFE Act, which allows certain battered spouses and children of U.S. citizens and permanent residents to apply for Green Cards.
Each category has different requirements and criteria that an applicant must meet to be eligible. It is important to understand the eligibility requirements for the specific Green Card category before applying.
Once an individual is eligible for a Green Card, they must go through either Adjustment of Status or Consular Processing to obtain it. The main difference between the two is the location of the application process.
The choice between Adjustment of Status and Consular Processing depends on the individual’s situation and eligibility. Factors to consider may include the individual’s current location, the length of time they have been in the United States, and their travel plans.
It is also worth noting that the processing time for Adjustment of Status and Consular Processing can vary. In some cases, Adjustment of Status may be faster, while in others, Consular Processing may be faster. The USCIS and U.S. Department of State websites provide estimated processing times for each option.
Once an individual is eligible for a Green Card, they must go through the application process to obtain it. The application process and the timeline for obtaining a Green Card can vary depending on the applicant’s individual circumstances and the category under which they are applying. Here is an overview of the general Green Card application process.
It is important to note that the application process can take several months or even years, depending on the type of Green Card and other factors. It is essential to be patient and follow all instructions carefully to ensure a smooth application process.
Obtaining a Green Card can be a costly process. There are several fees and expenses associated with the Green Card application process. Here is a breakdown of some of the costs associated with obtaining a Green Card.
It is important for applicants to be aware of these costs and plan accordingly. Some applicants may be eligible for a fee waiver or a reduced fee, depending on their circumstances.
The USCIS website provides detailed information on the filing fees for each category of Green Card application, as well as information on fee waivers and reduced fees. Applicants should consult the USCIS website and/or an experienced immigration lawyer for guidance on the costs associated with obtaining a Green Card.
Green Cards are typically valid for 10 years, after which they must be renewed. It is important to apply for a Green Card renewal well before the expiration date to avoid any gaps in lawful permanent resident status. If a Green Card has been lost, stolen, or damaged, it must be replaced.
To renew or replace a Green Card, the individual must file Form I-90, Application to Replace Permanent Resident Card, with U.S. Citizenship and Immigration Services (USCIS). The form can be filed online or by mail. The application requires providing biographic information, photos, and supporting documents, such as evidence of lawful permanent resident status.
The processing time for a Green Card renewal or replacement can vary. USCIS provides estimated processing times on its website. It is important to keep in mind that a pending Green Card renewal or replacement application does not extend the validity of the expiring or lost Green Card.
If a Green Card renewal or replacement application is denied, the individual may appeal the decision or file a motion to reopen or reconsider the application.
It is important to keep the Green Card valid and up-to-date at all times to avoid any issues with employment, travel, or other activities. If a Green Card is lost or stolen, it is also important to report it to USCIS and local law enforcement authorities.
A Green Card is a highly valuable document that provides numerous benefits and opportunities to individuals who hold it. Here are some of the most significant benefits of having a Green Card.
It is important to note that Green Card holders must comply with certain responsibilities, such as paying taxes and registering for the selective service (if required). Additionally, Green Card holders can lose their permanent resident status if they fail to comply with immigration laws or commit certain crimes.
Obtaining a Green Card is a significant milestone towards achieving your dreams of living and working in the United States. At Glenn Immigration LLC, our experienced Green Card lawyers in Atlanta are here to guide you through the complex immigration process.
Whether you are seeking family-based sponsorship, employment opportunities, humanitarian-based options, or other pathways, our dedicated immigration lawyers have the expertise to navigate the complexities of the Green Card process. We understand the importance of personalized attention and will work closely with you to ensure your application is accurate, complete, and maximizes your chances of success of becoming a permanent resident of the United States.
Contact us today to take the first step towards obtaining your Green Card by scheduling a consultation with our experienced Green Card attorney, Pepper Glenn.
Have questions about the permanent residency or Green Card process? We’ve got you covered. Here are answers to some of the most commonly asked questions about obtaining a Green Card in the United States.
Yes, as a Green Card holder, you can travel outside of the United States and re-enter freely. However, it’s important to note that if you plan to be outside of the country for an extended period, typically six months or more, you may need to obtain a reentry permit from U.S. Citizenship and Immigration Services (USCIS) to avoid abandoning your permanent resident status. Additionally, it’s advisable to carry your valid Green Card with you when traveling internationally as proof of your lawful permanent resident status.
A Green Card, also known as a Permanent Resident Card, provides permanent residency and allows for indefinite stay and work in the United States. In contrast, a visa is a temporary authorization that grants entry into the United States for a specific purpose and duration. A Green Card offers long-term residency and potential eligibility for U.S. citizenship, while a visa is limited to temporary stay.
Yes, it is possible to lose your Green Card and permanent resident status under certain circumstances. Some of the reasons that could lead to the loss of your Green Card include committing certain crimes, engaging in fraudulent activities related to immigration, or voluntarily abandoning your residency in the United States by taking up permanent residence in another country. Additionally, if you remain outside of the United States for an extended period without obtaining a reentry permit, you may face challenges in maintaining your permanent resident status.
In most cases, individuals who are in the United States illegally are not eligible to apply for a Green Card. However, there are some exceptions to this general rule. For example, certain individuals who entered the United States without inspection or overstayed their authorized period of stay may be eligible to apply for a Green Card under specific circumstances, such as through marriage to a U.S. citizen or through other humanitarian-based immigration programs.
In most cases, individuals cannot sponsor themselves for a Green Card. The sponsorship process typically requires a U.S. citizen or permanent resident to act as a petitioner and submit a petition on behalf of the applicant. However, there are some employment-based categories such as EB-1A and EB-2 that allow individuals to self-petition for a Green Card.
Yes, it is possible to apply for a Green Card if you are not currently in the United States. This process is known as consular processing. You will need to file the appropriate application and supporting documents with the U.S. Department of State, and attend an interview at a U.S. embassy or consulate in your home country or a nearby country. If approved, you will receive an immigrant visa, which allows you to enter the United States and obtain your Green Card upon arrival.
Having a criminal record may impact your eligibility for a Green Card. U.S. Citizenship and Immigration Services (USCIS) considers various factors such as the type and severity of the offense, the time that has passed since the conviction, and your overall rehabilitation. Some crimes may result in ineligibility or require an immigration waiver.
Yes, individuals with medical conditions can generally apply for a Green Card. However, certain medical conditions may impact the application process, particularly if they are deemed to pose a threat to public health or could require extensive medical treatment that may become a burden on the U.S. healthcare system.
Income level itself is not a specific eligibility requirement for most Green Card categories. However, some family-based Green Card applications may require a sponsor to demonstrate sufficient financial resources to support the immigrant. Additionally, certain employment-based Green Card categories may have specific income requirements.
It depends on your specific circumstances. If you have been living in the United States continuously for at least 10 years and can demonstrate that your removal from the country would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child, you may be eligible for a Longtime Resident Green Card. This pathway is also known as Cancellation of Removal. If you have been living in the United States continuously since before January 1, 1972, you may be eligible for a Green Card Through Registry. If you are not eligible for either of these pathways, you may still be eligible for other types of Green Cards based on family, employment, or other factors.
If your Green Card application is denied, you may have options to address the denial. You can generally file an appeal or a motion to reopen or reconsider the decision. It is important to carefully review the denial notice and understand the reasons for the denial.
In some cases, individuals who are in deportation proceedings may still be eligible to apply for a Green Card. However, it is crucial to consult with an experienced immigration lawyer to assess the specific circumstances and determine the best course of action. The availability of applying for a Green Card during deportation proceedings can depend on factors such as the grounds for deportation, the individual’s eligibility for relief, and any potential avenues for adjustment of status or cancellation of removal.
To check the status of your Green Card application, you can use the USCIS online case status tool. By entering your receipt number, you can track the progress of your application and see any updates or actions taken by U.S. Citizenship and Immigration Services (USCIS). It is recommended to have your receipt number handy as it is required for accessing the case status information.
