Coming to the U.S. represents the fulfillment of a lifelong dream for many immigrants. If this sounds like you, the ability to live and work legally is a crucial first step toward building the life you envision for yourself and your family. Obtaining a green card can help lay the foundation for a bright and promising future. Learn more about this important document as we share what we typically encounter with clients and how it can support your immigration journey.
What’s a Green Card?
A green card is an identification document showing you either hold a conditional resident status or lawful permanent resident status in the U.S.
What are the Different Types of Categories?
You can receive two general categories of a green card: a conditional resident card and a lawful permanent resident card.
When you receive a green card through marriage and have been married for less than two years at the time of the green card approval, you will receive a conditional residence. Additionally, any step-children receiving resident status through the marriage may receive conditional residence if their parent’s marriage is less than two years old at the time of the green card approval. This is the case if you apply for a green card jointly with your spouse or if you apply for a green card through the Violence Against Women Act (VAWA) program.
For most other lawful permanent residents, the permanent green card is valid for ten years, but the status of being a lawful permanent resident continues until you either:
- Become a U.S. citizen,
- Lose your lawful permanent residence through removal proceedings,
- Abandon your lawful permanent residence, or
- Die.
Even though the lawful permanent resident status still continues beyond the ten-year validity date listed on the green card, renewal of the green card is essential to provide evidence of the continued status.
What are the Eligibility Requirements for a Green Card?
Green card eligibility requirements differ significantly depending on the basis under which you file. Commonly required documents may include your birth certificate, passport, marriage certificate, and any and all divorce certificates. To ensure you have the correct documents for your specific green card application, we recommend talking to an experienced immigration attorney or a Department of Justice (DOJ) accredited representative to review the documents required for a particular green card process.
What are the Benefits?
Work and Travel
With a valid green card, you can work without a separate employment authorization card.
You may also be eligible to travel abroad and return to the U.S. by presenting your passport and your valid, unexpired green card at a U.S. port of entry.
We often recommend that if you hold a lawful permanent resident status, you not travel abroad for at most 180 days (approximately six months) at a time to prevent a question regarding abandonment of your lawful permanent residence status. This may impact your ability to return to the U.S. on your green card and your eligibility for naturalization (citizenship). To prevent a finding of abandonment, if you are a lawful permanent resident who travels abroad for more than 180 days, you should demonstrate the reason for your extended travel abroad and provide any supporting documentation of your reasons.
If you received asylum status or refugee status before becoming a lawful permanent resident, you must travel abroad on a refugee travel document rather than a passport from your home country. Like other permanent residents, even when traveling with a refugee travel document, as a lawful permanent resident, you must present your green card to a border protection official at a port of entry.
Family Sponsorship
As a lawful permanent resident, you can file immigrant visa petitions for your spouse, minor children, and adult children who are unmarried. The immigrant visa petition is a pathway for your spouse or child to apply for conditional or lawful permanent residence, either from inside the country through USCIS or from a U.S. consular office abroad.
According to the U.S. Department of State Visa Bulletin, a family member can only file for their green card status once a visa is available. As a lawful permanent resident, your spouse and children must overcome more grounds of inadmissibility than spouses and children of U.S. citizens, which makes a proper legal screening even more critical.
How Long is a Green Card Valid Before Renewal is Required?
Green cards for lawful permanent residents are valid for ten years and must be renewed no more than six months before the green card’s expiration date.
Suppose you have a conditional residence (conditional green card). In that case, you must file for the removal of the conditions on your green card within 90 days of the expiration of your conditional resident card.
The process for removal of conditions typically requires the cooperation of the U.S. citizen spouse, although, under some exceptions, you may apply for a waiver of the joint requirement.
What’s the Process of Getting a Green Card?
There are various pathways to getting a green card. Certain applicants applying for lawful permanent residence require a sponsor. Other applicants can apply without a sponsor, often based on the applicant’s special skills or certain humanitarian circumstances, such as being designated as a refugee or asylee.
For instance, your company can sponsor you to remain in the U.S. and work for the company, or a family member can sponsor you. U.S. citizens can sponsor their parents, siblings, spouses, and married or unmarried children. Also, if you’re a lawful permanent resident, you can sponsor your spouse and unmarried minor children.
Are the Process and Requirements Different for Applicants Inside Versus Outside the U.S.?
Whether you’re applying for lawful permanent residence inside the country through U.S. Citizenship and Immigration Services or an immigrant visa at a U.S. consulate, you must demonstrate you are admissible when applying for a green card. The grounds of inadmissibility, which are defined under Section 212(a) of the Immigration and Nationality Act, describe the basis for denying resident status to an applicant. For instance, certain types of crimes in someone’s past could make them inadmissible to be approved for a green card in the U.S. However, if you apply for a green card from within the United States, you will be subject to a background check when your fingerprints are taken, whereas if you are abroad, you must provide police reports from every country where you have lived for more than six months.
The civil documents required to support your application for lawful permanent residence are similar if you live abroad and in the U.S., in addition to the similarities and differences in demonstrating admissibility for this purpose. You must generally provide a birth certificate, passport, marriage certificate, and divorce/death certificates from previous spouses. You may apply for lawful permanent residence through certain humanitarian forms of relief, such as asylum and refugee status, but may not be required to provide this documentation because of an inability to request these documents from the home country without being put at risk of danger.
What’s the Average Cost of a Green Card?
This depends on the specific basis for the application. Depending on the situation, different applications may need to be filed concurrently, and the same form may have different filing fees depending on the basis for filing. For example, depending on the category, you may be eligible to apply for a green card at no cost.
How Long Does It Take to Receive a Green Card?
It depends on several factors, including the basis for your green card, whether you must wait for availability through the visa priorities, and the location where the application for lawful permanent residence is being reviewed by immigration or consular officials. While in some cases, the process may take months for conditional and lawful permanent residence, for others, the process may take several years.
Many ways exist to get a green card, and the pathways to lawful permanent residence vary significantly. Every case is different, so it’s crucial to check your specific eligibility, understand which documents to file, and determine the necessary fees. A denial of your application for lawful permanent residence could put you at risk, so it’s important to take every step necessary to prevent it.
We know that each immigration case is unique. Please don’t hesitate to contact us with any questions you may have. We’re here to support your immigration needs.