Highlights:
-
A Green Card gives permanent resident status in the United States.
-
It allows holders to live and work legally without time limits.
-
Main paths include family, employment, lottery, and refugee categories.
-
Holders must live mainly in the US and renew their card every ten years.
- Advertisement - -
After five years, they can apply for US citizenship.
A Green Card, officially known as a Permanent Resident Card, allows a foreign national to live and work permanently in the United States. The card serves as proof of lawful permanent resident status and is a major step toward US citizenship. While there are several ways to obtain a Green Card, the process depends on an individual’s family ties, employment background, refugee or asylum status, or other special circumstances.
What Is a Green Card and Why It Matters
A Green Card grants individuals the right to reside and work in the US indefinitely. It also provides access to benefits such as travel flexibility, education opportunities, and eventual eligibility for citizenship after meeting residency requirements. Holders of a Green Card are expected to maintain US residency and comply with tax and legal obligations.
There are multiple pathways to obtaining a Green Card, each governed by specific eligibility rules set by the US Citizenship and Immigration Services (USCIS). The process can take several months to years, depending on the category and the applicant’s country of origin.
Main Categories to Apply for a Green Card
- Family-Based Green Card
One of the most common routes is the family-based Green Card, available to immediate relatives of US citizens. This includes spouses, unmarried children under 21, and parents of citizens aged 21 or older. Extended family members, such as siblings, may also qualify but fall under the Family Preference categories, which are subject to annual numerical limits and long waiting times.
- Employment-Based Green Card
Another major category is the employment-based Green Card, which is divided into five preference levels (EB-1 through EB-5). Professionals with extraordinary ability, advanced degrees, or specialized skills may qualify under these categories. In some cases, employers must obtain a labor certification from the Department of Labor to demonstrate that hiring a foreign worker will not negatively impact US employees.
- Diversity Visa (Green Card Lottery)
The Diversity Visa Program, often called the Green Card Lottery, offers up to 55,000 visas each year to individuals from countries with low rates of immigration to the US. Eligible applicants are randomly selected and, if chosen, can apply for a Green Card through consular processing.
- Refugee or Asylee Status
Individuals granted asylum or refugee status may apply for a Green Card one year after receiving protection in the United States. This category ensures that those fleeing persecution can establish permanent residence and stability.
- Special Immigrant and Humanitarian Programs
Certain groups, such as religious workers, international broadcasters, Afghan or Iraqi nationals who worked with the US government, and victims of human trafficking or abuse, may also qualify for a Green Card through special provisions.
Steps to Apply for a Green Card
The application process varies by category but generally includes the following stages:
- Filing an Immigrant Petition:
Most applicants must have an approved immigrant petition before applying for a Green Card. This can be filed by a family member (Form I-130) or employer (Form I-140). Some categories allow self-petitioning.
- Checking Visa Availability:
Each year, the US government limits the number of immigrant visas available for certain categories. Applicants can monitor their status using the Visa Bulletin published monthly by the US Department of State.
- Submitting the Green Card Application:
Once a visa number is available, applicants can file Form I-485 (Application to Register Permanent Residence or Adjust Status) if already in the US. Those outside the country apply through consular processing at a US embassy or consulate.
- Attending Biometrics and Interviews:
Applicants are required to provide fingerprints, photographs, and signatures for background checks. Later, an interview is scheduled where USCIS or consular officers review eligibility and supporting documents.
- Receiving the Decision:
If approved, the applicant receives a Green Card, granting lawful permanent residence. If denied, they are informed of the reasons and may appeal or reapply under specific circumstances.
Maintaining Green Card Status
A Green Card holder must reside primarily in the United States. Extended stays abroad (typically over six months) may risk losing permanent resident status. Green card holders are also required to renew their cards every 10 years using Form I-90. Failure to maintain updated documentation can lead to complications during travel or employment verification.
Path to US Citizenship
After holding a Green Card for five years (or three years for spouses of US citizens), permanent residents can apply for naturalization by filing Form N-400. They must demonstrate continuous residence, good moral character, and knowledge of US history and civics.
Challenges and Considerations
Obtaining a Green Card can be complex, involving strict eligibility rules, long processing times, and extensive documentation. Delays are common, especially in high-demand categories such as family-based petitions for countries like India, China, and the Philippines. Consulting an immigration attorney or accredited representative can help applicants navigate these challenges effectively.
