The Green Card – Everything You Need to Know

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.

Types of Green Cards and Eligibility Requirements

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

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

Immediate Relative Green Cards are available to the following foreign nationals.

• Spouses of U.S. citizens
• Unmarried children under the age of 21 of U.S. citizens
• Parents of U.S. citizens (if the U.S. citizen is at least 21 years old)

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

Family Preference Green Cards are available to the following foreign nationals.

• Unmarried adult children (over the age of 21) of U.S. citizens
• Spouses and unmarried children (under the age of 21) of LPRs
• Married children (of any age) of U.S. citizens
• Siblings of U.S. citizens

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

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.

First Preference EB-1 (Priority Workers)

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.

Second Preference EB-2 (Professionals with Advanced Degrees or Exceptional Ability)

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.

Third Preference EB-3 (Skilled Workers and Professionals)

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.

Fourth Preference EB-4 (Special Immigrants)

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.

EB-5 Immigrant Investor Program

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.

Humanitarian-Based Green Cards

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

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.

1. They must have been outside their home country when they applied for refugee or asylee status.
2. They must have a well-founded fear of persecution based on one of the five protected grounds (race, religion, nationality, political opinion, or membership in a particular social group).
3. They must be unable or unwilling to return to their home country due to this fear of persecution.
4. They must have been granted refugee or asylee status by the U.S. government.

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 Green Cards

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.

1. Spouses of U.S. citizens or LPRs who have been subjected to abuse by their spouse
2. Children of U.S. citizens or LPRs who have been subjected to abuse by their parent
3. Parents of U.S. citizens who have been subjected to abuse by their adult child

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 Crime Green Cards

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.

1. They must have suffered mental or physical abuse as a result of the crime.
2. They must have information about the crime and be willing to cooperate with law enforcement in the investigation or prosecution of the crime.
3. They must obtain a certification from a law enforcement agency that they have been helpful, are currently being helpful, or are likely to be helpful in the investigation or prosecution of the crime.

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 Green Cards

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.

1. They must be a victim of human trafficking or the parent, spouse, or child of a victim of human trafficking.
2. They must have suffered severe physical or mental abuse as a result of the trafficking.
3. They must have information about the trafficking and be willing to cooperate with law enforcement in the investigation or prosecution of the trafficking.
4. They must obtain a certification from a law enforcement agency that they have been helpful, are currently being helpful, or are likely to be helpful in the investigation or prosecution of the trafficking.

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.

Special Immigrant Juvenile Green Cards

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.

• They must be under the age of 21.
• They must be unmarried.
• They must have been declared dependent on a juvenile court in the United States or have been placed in the custody of a state agency or department, or an individual or entity appointed by a state agency or department.
• They must have been deemed eligible for long-term foster care due to abuse, neglect, or abandonment by one or both parents.

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.

Longtime-Resident Green Cards

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.

• They must have been physically present in the United States continuously since before January 1, 1972.
• They must have a good moral character.
• They must not be inadmissible to the United States.

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.

Conditional Green Cards

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.

Diversity Visa Lottery Green Cards

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.

1. Be From a Qualifying Country: The Diversity Visa is only available to individuals from certain countries that have low rates of immigration to the United States. The list of qualifying countries changes each year and is published by the U.S. Department of State.
2. Meet Education or Work Experience Requirements: In addition to being from a qualifying country, an individual must also meet either an education or work experience requirement. This means that they must have either a high school education or its equivalent, or at least two years of work experience in a qualifying occupation.
3. Meet Other Eligibility Requirements: An individual must also meet other eligibility requirements, such as being admissible to the United States and not having a criminal history.

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.

Other Green Cards

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.

Adjustment of Status vs. Consular Processing

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.

• Adjustment of Status: This process is for individuals who are already present in the United States and are eligible to apply for a Green Card. The adjustment of status involves filing an application with U.S. Citizenship and Immigration Services (USCIS) and attending an in-person interview at a USCIS office. If approved, the applicant’s Green Card will be mailed to them.
• Consular Processing: This process is for individuals who are outside the United States and are eligible to apply for a Green Card. Consular processing involves filing an application with the U.S. Department of State and attending an in-person interview at a U.S. embassy or consulate in their home country or a nearby country. If approved, the applicant will receive an immigrant visa, which allows them to enter the United States and receive their Green Card.

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.

Further Reading – Learn about U.S. Government Immigration Agencies.

Green Card Application Process and Timeline

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.

1. Determine Eligibility: The first step in obtaining a Green Card is determining eligibility. An applicant must determine which category they fall under and ensure they meet all eligibility requirements.
2. File the Petition: Once eligibility is confirmed, the applicant must file the appropriate petition with the U.S. Citizenship and Immigration Services (USCIS). The petition will be reviewed by the USCIS, and if approved, will move on to the next step.
3. Wait for Priority Date: For family-based and employment-based Green Cards, a priority date will be assigned to the applicant based on the category and country of origin. The priority date is the date the petition was filed, and it determines the applicant’s place in line for a Green Card.
4. Apply for Adjustment of Status or Consular Processing: Depending on the applicant’s circumstances, they may apply for adjustment of status if they are already in the United States, or consular processing if they are outside the United States. Adjustment of status allows an applicant to apply for a Green Card without leaving the United States, while consular processing requires the applicant to attend an interview at a U.S. embassy or consulate in their home country.
5. Attend Biometrics Appointment and Interview: Once the application is processed, the applicant will be required to attend a biometrics appointment to provide fingerprints and a photograph. They will also be required to attend an interview with a USCIS officer to discuss their application and eligibility.
6. Wait for Green Card Approval: After the interview, the USCIS will make a decision on the application. If approved, the applicant will receive their Green Card.

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.

Green Card Costs

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.

• USCIS Filing Fees: The U.S. Citizenship and Immigration Services (USCIS) charges filing fees for Green Card applications. The fees can vary depending on the category under which the applicant is applying. As of March 2023, the filing fees for a family-based or employment-based Green Card application can range from $1,130 to $1,760.
• Biometrics Fee: The USCIS charges a biometrics fee of $85 for each applicant. This fee covers the cost of fingerprinting and taking a photograph.
• Medical Exam Fee: Applicants may be required to undergo a medical exam as part of the Green Card application process. The cost of the medical exam can vary depending on the healthcare provider and location.
• Legal Fees: Many applicants choose to hire an immigration lawyer to assist with the Green Card application process. Immigration lawyer fees can vary depending on the attorney’s experience and the complexity of the case.
• Translation and Certification Fees: If any documents submitted with the Green Card application are in a language other than English, they must be translated and certified. The cost of translation and certification can vary depending on the number of documents and the language.

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.

Renewing or Replacing 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.

Benefits of Having a Green Card

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.

1. Permanent Resident Status: A Green Card provides permanent resident status in the United States, which allows the holder to live and work in the country indefinitely.
2. Travel: Green Card holders can travel outside of the United States and return without the need for a visa or re-entry permit. However, extended travel outside of the United States may affect the Green Card holder’s eligibility for naturalization.
3. Employment: Green Card holders are authorized to work in the United States for any employer, without the need for an employment authorization document, work visa or sponsorship.
4. Education: Green Card holders are eligible for in-state tuition rates at public colleges and universities.
5. Social Security and Medicare: Green Card holders are eligible for Social Security and Medicare benefits if they meet certain requirements.
6. Sponsorship: Green Card holders can sponsor family members for Green Cards and can also serve as a sponsor for employment-based Green Card applicants.
7. Path to citizenship: Green Card holders may be eligible to apply for U.S. citizenship through naturalization after a certain period of time. Citizenship provides additional benefits, such as the right to vote and to run for public office.

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.

Green Cards FAQs

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.