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Green Card, Explained

Green Card: Your Gateway To U.S. Permanent Residency

What is a Green Card?

A Green Card, also known as a U.S. Permanent Resident Card, is a government-issued identification card that grants non-citizens the legal right to live and work permanently in the United States. This card is tangible proof of a person's status as a lawful permanent resident (LPR). It is a vital step towards achieving long-term residency and potentially U.S. citizenship.

Legal Rights and Protections

Holding a Green Card provides access to various legal rights and protections. As a permanent resident, you have the right to work in most jobs in the U.S., receive Social Security benefits, and access state and federal assistance programs. Furthermore, Green Card holders are protected under U.S. law. They are eligible to apply for naturalization after meeting specific residency requirements.

TYPES OF GREEN CARDS

  • Family-Sponsored Green Cards

  • Employment-Based Green Cards

  • Special Immigrant Green Cards

  • Diversity Visa (DV) Lottery Green Cards

  • Humanitarian Green Cards (including Refugees and Asylees)

  • T and U Visa Green Cards (for victims of human trafficking and certain crimes)

GREEN CARD ELIGIBILITY CATEGORIES

  • Family-Sponsored Green Cards

Family-Sponsored Green Cards are a type of permanent residency visa available to close family members of U.S. citizens or lawful permanent residents.
 

Who is Eligible?

 

  • Immediate Relatives of U.S. Citizens:

    • Spouses of U.S. citizens

    • Unmarried children under 21 of U.S. citizens

    • Parents of U.S. citizens who are at least 21 years old

 

  • Other Relatives of a U.S. Citizen or Lawful Permanent Resident

    • Unmarried son or daughter (21 or older) of a U.S. citizen

    • Married son or daughter of a U.S. citizen

    • Brother or sister of a U.S. citizen who is at least 21 years old

    • Spouse of a lawful permanent resident

    • Unmarried child under 21 of a lawful permanent resident

    • Unmarried son or daughter (21 or older) of a lawful permanent resident

    • Widow or widower of a U.S. citizen who was married to them at the time of their death

  • Employment-Based Green Cards

Employment-Based Green Cards are for individuals who qualify based on their professional skills, job offer, or investment in the U.S. economy.
 

Overview of Categories:

  • EB-1: For individuals with extraordinary abilities, outstanding professors or researchers, and multinational executives.

  • EB-2: For professionals with advanced degrees or exceptional abilities in specific fields.

  • EB-3: For skilled workers, professionals, and other workers.

  • EB-4: For special immigrants, such as religious workers and certain long-term employees of the U.S. government.

  • EB-5: For investors who create jobs in the U.S. through significant financial investment.
     

Eligibility Criteria:

  • EB-1: Requires documented proof of extraordinary abilities or international recognition.

  • EB-2: Requires a job offer and labor certification unless waived for national interest.

  • EB-3: Requires a labor certification to prove that qualified U.S. workers are unavailable.

  • EB-4: Specific to groups like religious workers, broadcasters, or employees of international organizations.

  • EB-5: Requires a minimum investment (typically $1.8 million or $900,000 in targeted employment areas) and job creation for at least 10 U.S. workers.

  • Special Immigrant Green Cards

These Green Cards provide a pathway to permanent residency for those with unique circumstances that warrant special consideration under U.S. immigration law.
 

Who is Eligible?
 

  • If you've been part of a religious denomination for at least two years and are coming to the U.S. to work in a spiritual role for a nonprofit.
     

  •  Available to minors needing protection and for special immigrant juveniles status due to abuse, abandonment, or neglect by a parent, offering them a path to permanent residency.
     

  • This would provide a direct pathway to a Green Card for those who served as translators or in other roles supporting the U.S. government.
     

  • For media professionals employed by the U.S. Agency for Global Media or its affiliates, allowing them to work in the U.S.
     

  • Retired international organization or NATO employees and their families can apply for a Green Card to recognise their service.

  • Diversity Visa Lottery

The Diversity Visa (DV) Lottery, or the Green Card Lottery, is an annual program that randomly selects applicants from countries with historically low immigration rates to the U.S.
 

Eligibility Requirements:
 

  • Must be from an eligible country.

  • Applicants must have at least a high school education or equivalent or two years of work experience in a job that requires at least two years of training.

  • Humanitarian Green Cards

Humanitarian Green Cards are offered to individuals who have been granted asylum or refugee status in the United States.
 

Refugees and Asylees:

  • Refugees and asylees can apply for a Green Card one year after being admitted to the U.S. or granted asylum.

  • This category offers a pathway to permanent residency for those fleeing persecution.

  • T and U Visa Green Cards

  • For victims of human trafficking who assist law enforcement in investigating or prosecuting the crime.

  • For victims of certain crimes who have suffered substantial mental or physical abuse and are helpful to law enforcement in the investigation or prosecution of criminal activity.

THE GREEN CARD APPLICATION

The Green Card application process depends on whether you are applying from within the United States or from abroad, using specific forms for each scenario:
 

Applying from Within the U.S.:

  • Form I-485 (Application to Adjust Status): Used by individuals already in the U.S. on a nonimmigrant visa or selected for a diversity visa. This form allows adjustment to permanent resident status without leaving the country.
     

Applying from Outside the U.S.:

  • Form DS-260 (Immigrant Visa Electronic Application): Used by individuals seeking an immigrant visa from abroad through family, employment, or diversity visa programs. This form is submitted to a U.S. embassy or consulate and allows entry into the U.S. as a permanent resident.
     

Need help with which visa suits you best? Try our free assessment, and we'll provide you with a customized immigration plan that fits your specific needs.
 

For a detailed explanation of the Green Card process and procedures, click here.

BENEFITS OF GREEN CARD

Obtaining a Green Card offers numerous advantages for those seeking a permanent life in the United States.
 

  1. You can apply for U.S. citizenship after three years if you are married to a U.S. citizen or after five years otherwise. This streamlined path to citizenship offers the full rights and privileges of being an American citizen, including the right to vote and eligibility for federal jobs.
     

  2. You are protected from deportation due to changes in immigration laws. Holding a Green Card ensures stability in your U.S. residency status, offering long-term security and peace of mind as you comply with legal requirements.
     

  3. You do not have to renounce your original citizenship. This allows you to maintain dual citizenship and stay connected with your home country while enjoying the benefits of U.S. residency, helping preserve cultural and familial ties.
     

  4. You are legally protected under U.S. federal, state, and local laws. This includes workplace rights, access to legal resources, and ensuring fair treatment and recourse under the law, similar to U.S. citizens.
     

  5. You can sponsor eligible family members for their own Green Cards. This facilitates family reunification, allowing you to bring spouses, unmarried children, and other relatives to the U.S., thus enhancing family stability and unity.
     

  6. You can renew your Green Card every ten years. This long-term stability provides ongoing security for your U.S. residency, unlike temporary visas, which often require frequent renewals and additional paperwork.
     

  7. You can travel abroad and re-enter the U.S. with fewer restrictions. If you return within 12 months, you maintain your permanent resident status, making international travel more accessible than other visa holders.
     

  8. You can live and work anywhere in the U.S. without needing extra permissions or checks from government agencies. This flexibility allows you to choose your residence and employment location without restrictions.
     

  9. You may qualify for federal benefits, including Social Security, Medicare, and educational assistance. You may also receive in-state tuition rates at public colleges and universities, which can significantly reduce the cost of higher education.
     

  10. You can access a broader range of job opportunities than visa holders. With a Green Card, you can apply for government positions, roles requiring security clearance, and other jobs not available to temporary visa holders, enhancing career opportunities.
     

  11. You can participate in the political process by contributing to campaigns and volunteering for candidates. Although you cannot vote, this involvement allows you to influence local and national politics, contributing to the democratic process.

RESPONSIBILITIES OF A GREEN CARD HOLDER

As a green card holder, it is crucial to fulfill specific responsibilities to maintain permanent residency status in the United States. Here are vital obligations:

  • Filing Income Tax Returns is mandatory, Green Card holders must report all income to the Internal Revenue Service (IRS) and state tax authorities, complying with U.S. tax laws like U.S. citizens.
     

  • Obeying U.S. Laws is required, Compliance with federal, state, and local regulations is essential for retaining legal status. This involves following all relevant laws in the place of residence.
     

  • Registering for the Selective Service applies to male Green Card holders between the ages of 18 and 25. Although the U.S. has not had a draft since 1973, this registration remains a legal obligation.
     

  • Carrying a Valid Green Card at all times is necessary, Failure to have the Green Card on hand can result in legal consequences, including up to 30 days in jail. Keeping the card accessible helps avoid potential issues.
     

  • It is crucial to Avoid Attempts to Alter the Government through illegal means, Green Card holders must respect the democratic process and refrain from any actions seen as attempts to undermine or overthrow the government.

Understanding and fulfilling these responsibilities ensures compliance with U.S. immigration laws and helps maintain a secure and stable residency status.

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