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Green Card

Who is a Green Card Holder (Permanent Resident)?

A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "Green Card." You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee or asylee status or other humanitarian programs. In some cases, you may be eligible to file for yourself.

A Green Card (Permanent Resident Card):

Gives you official immigration status in the United States

Entitles you to certain rights and responsibilities

Is required if you wish to naturalize as a U.S. Citizen

The steps to becoming a Green Card holder (permanent resident) vary by category and depend on whether you currently live inside or outside the United States. The main categories are:

· Green Card Through Family

Many people get Green Cards (become permanent residents) through family members. You may be eligible to get a Green Card as:

· an immediate relative of a U.S. citizen, this includes spouses, unmarried children under the age of 21, and parents of U.S. citizen petitioners 21 or older

· a family member of a U.S. citizen fitting into a preference category, this includes unmarried sons or daughters over the age of 21, married children of any age, and brothers and sisters of U.S. citizen petitioners 21 or older

·a family member of a green card holder, this includes spouses and unmarried children of the sponsoring green card holder

·a member of a special category, this can include battered spouse or child (VAWA), a K nonimmigrant, a person born to a foreign diplomat in the United States, a V nonimmigrant or a widow(er) of a U.S. Citizen

Green Card through a Job

The main ways to immigrate based on a job offer or employment are listed below:

Green Card through a Job Offer: You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you.

Green Card through Investment: Green cards may be available to investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs.

Green Card through Self Petition: Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.

Green Card through Special Categories of Jobs: There are a number of specialized jobs that may allow you to get a green card based on a past or current job, such as:

· Afghan/Iraqi Translator

· Broadcaster

· International Organization Employee

· Iraqi Who Assisted the U.S. Government

· NATO-6 Nonimmigrant

· Panama Canal Employee

· Physician National Interest Waiver

· Religious Worker

All of these require a Form I-360, Petition for American, Widow(er), or Special Immigrant, and are described in Section 101(a)(27) of the Immigration and Nationality Act (INA).

In some cases, you may be able to file the immigrant petition (either a Form I-140 or I-360, depending on your category) at the same time that you file Form I-485, known as “concurrent filing.”

If you are not eligible to adjust your status inside the United States to a permanent resident, the immigrant petition will be sent to the U.S. consulate abroad to complete the visa process. In order to apply for a green card, there must be a visa immediately available to you.

Green Card through Refugee or Asylee Status

Refugees and asylees can apply for a green card.

If you were

Then you may apply for permanent residence

admitted to the United States as:

·a refugee

·a qualifying family member of an asylee

1 year after your entry into the United States

granted asylum in the United States

1 year after the grant of your asylum status

Note: As a refugee, you are required by law to apply for permanent resident status 1 year after being admitted to the United States. As an asylee, you are not required to apply for permanent resident status after being granted asylum for 1 year, although it may be in your best interest to do so.

For more information on how refugees, asylees, and their family members can apply for green cards see:

· Green Card for a Refugee: Explains the refugees eligibility criteria and application process for a green card.

· Green Card for an Asylee: Explains the aslyees and their family members eligibility criteria and application process for a green card.

Other Ways to Get a Green Card

Although most immigrants come to live permanently in the United States through a family member’s sponsorship, employment, or a job offer, there are other ways a Green Card (permanent residence) can be obtained, such as the:

· Diversity Immigrant Visa Program (referred to by many as the 'Green Card Lottery')

· K Nonimmigrant (includes fiancé(e))

· Legal Immigration Family Equity (LIFE) Act

· Special Immigrant Juvenile (SIJ) Status

Additional programs include:

Special Categories of Family

· Battered Spouse or Child (VAWA)

· Person Born to a Foreign Diplomat in the United States

· Widow(er) of a U.S. Citizen

· V Nonimmigrant

Special Categories of Jobs

· Afghan/Iraqi Translator

· Afghan Who Assisted the U.S. Government

· Armed Forces Member

· International Organization Employee

· Iraqi Who Assisted the U.S. Government

· NATO-6 Nonimmigrant

· Physician National Interest Waiver

· Religious Worker

Other Green Card Programs

· Amerasian Child of a U.S. Citizen

· American Indian Born in Canada

· Cuban Native or Citizen

· Haitian Refugee

· Help HAITI Act of 2010

· Informant (S Nonimmigrant)

· Indochinese Parole Adjustment Act

· Lautenberg Parolee

· Nicaraguan and Central American Relief Act (NACARA)

· Registry

· Victim of Trafficking (T Nonimmigrant)

Apply for a Green Card

Eligibility

You may be eligible to apply for a green card (permanent residence) through your family, a job offer or employment, refugee or asylum status, or a number of other special provisions. In some cases, you may even be able to self-petition or have a record created for permanent residence on your behalf. In general, to meet the requirements for permanent residence in the United States, you must:

· Be eligible for one of the immigrant categories established in the Immigration and Nationality Act (INA)

· Have a qualifying immigrant petition filed and approved for you (with a few exceptions)

·Have an immigrant visa immediately available

· Be admissible to the United States

Eligibility for an Immigrant Category

Individuals who want to become immigrants (permanent residents) through their qualified family member, a job offer or employment, or a special category will generally be classified in categories based on a preference system. Except for immediate relatives of a U.S. citizen who are given the highest immigration priority and a few other exceptions, Congress has set a finite number of visas that can be used each year for each category of immigrants. The general categories are listed below. For more specific information under each general category, see the links to the left.

Family Based

Some relatives of U.S. citizens, known as immediate relatives, do not have to wait for a visa to become available. There is no limit to the number of visas that can be utilized in this category in a particular year. Immediate relatives include:

· Parents of a U.S. citizen

· Spouses of a U.S. citizen

· Unmarried children under the age of 21 of a U.S. citizen

Note: U.S. citizens must be at least 21 years old to apply for their parents.

The qualified relatives of a U.S. citizen or permanent resident in the remaining family-based categories may have to wait for a visa to become available before they can apply for permanent residency. These categories include:

· First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens

· Second Preference A: Spouses of permanent residents and the unmarried children (under the age of 21)) of permanent residents

· Second Preference B: Unmarried sons and daughters (21 years or age or older) of permanent residents

· Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children

· Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children

Job or Employment Based

People who want to become immigrants based on employment or a job offer may apply for permanent residence or an immigrant visa abroad, when an immigrant visa number becomes available according to the following employment based preferences:

· First Preference: Priority Workers, including aliens with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers

· Second Preference: Members of professions holding an advanced degree or persons of exceptional ability (including individuals seeking a National Interest Waiver)

· Third Preference: Skilled Workers, professionals and other qualified workers

· Fourth Preference: Certain special immigrants including those in religious vocations

· Fifth Preference: Employment creation immigrants (investors or entrepreneurs)

Based on Refugee or Asylum Status

If you were admitted to the United States as a refugee or the qualifying spouse or child of a refugee, you are required to apply for permanent residence (a green card) 1 year after your entry into the United States in this status. If you were granted asylum in the United States or are a qualifying spouse or child of an asylee, you may apply for permanent residence 1 year after the grant of your asylum status.

If you are a refugee, you are required by law to apply for a green card 1 year after being admitted to the United States in refugee status.

If you are an asylee or asylee derivative spouse or child, you are not required to apply for a green card 1 year after being granted asylum or 1 year after being admitted to the United States in asylum status, although it may be in your best interest to do so.

Other Ways

Although most immigrants come to live permanently in the United States through a family member’s sponsorship, employment, or a job offer, there are many other ways to get a green card.

A number of special immigrant programs are limited to individuals meeting particular qualifications and/or applying during certain time frames.

Immigrant Petition

Immigrants in most categories will need an immigrant petition (Form I-130, Petition for Alien Relative, Form I-140, Immigrant Petition for Alien Worker, Form I-360, Petition for American, Widow(er), or Special Immigrant, or another petition) filed on their behalf.

A petition establishes the underlying basis for your ability to immigrate and determines your immigrant classification or category. Some categories of immigrants may be able to self-petition. Most people immigrating based on humanitarian programs are exempt from the petition requirement.

Some immigrant petitions can be filed at the same time as the adjustment application (Form I-485, Application to Register Permanent Residence or Adjust Status), known as “concurrent filing” while other categories of immigrants will be required to wait until they have an approved petition before being allowed to apply for adjustment of status or an immigrant visa

Visa Availability

A visa is always available for immediate relatives of U.S. citizens. If you are in a family or employment based preference category, visa availability is determined by:

· Your priority date

· The preference category you are immigrating under

· The country the visa will be charged to (usually your country of citizenship)

The Department of State is the government agency that controls visa numbers. The annual limits for visa numbers are established by Congress and can be referenced in the Immigration and Nationality Act (INA).

First, a priority date will be assigned to you based on your immigrant petition filing date (the date that the petition is properly filed with USCIS) or, in certain employment-based cases, the date the application for a labor certification was accepted by the Department of Labor. Your priority date holds your place in line for an immigrant visa.

This date, along with your country of nationality and preference category, determines if or how long a person will have to wait for a visa to be immediately available. When USCIS officials are ready to approve an applicant for permanent residency in a visa category that has limited numbers, we must first request a visa number from the Department of State.

When a visa is available, you may file Form I-485, Application to Register Permanent Residence or Adjust Status (if you are in the United States) or apply for an immigrant visa abroad (consular processing). If you are consular processing, USCIS will forward your approved petition to the Department of State’s National Visa Center who will contact you when your priority date is about to become current as to what your next steps are and when you may apply for an immigrant visa abroad.

Admissibility to the United States

All persons applying for an immigrant visa or adjustment of status must prove to the satisfaction of immigration or consular officials that they are admissible (eligible for admission) to the United States.

There are many grounds of inadmissibility that could potentially cause someone to be ineligible to become a permanent resident. For instance, there are health-related, criminal, security-related, and other grounds USCIS must consider.

In some cases and in certain situations, if you are found inadmissible to the United States you may be eligible to file a waiver on Form I-601, Application for Waiver of Ground of Inadmissibility, (the form required for most immigrants) or I-602, Application By Refugee For Waiver of Grounds of Excludability (the form required for refugees and asylees) to excuse your inadmissibility.

The grounds of inadmissibility are determined by the particular category under which you are immigrating. If you are ultimately found inadmissible to the United States, your adjustment of status application (Form I-485) or immigrant visa application will be denied. Congress has set the grounds of inadmissibility and they may be referenced in Section 212 of the Immigration and Nationality Act.

After all paperwork has been received, interviews conducted (if necessary), security checks completed, and other eligibility requirements reviewed, your case will be ready for a decision by USCIS.

If you are eligible, file Form I-485 - Application to Register Permanent Residence or Adjust Status with USCIS, including all supporting documents and fees.

USCIS will review your application and schedule an interview with you.

Once issued, your green card will be valid for 10 years.

Renewal of Green Card

How to Apply To Renew a Green Card

If you are a permanent resident whose 10-year green card has expired or will expire within the next 6 months, you may begin the renewal process by:

· Online E-Filing Form I-90, Application to Replace Permanent Resident Card.

· Filing a paper Form I-90, Application to Replace Permanent Resident Card by mail.

How to Renew a Green Card If You Are Outside the United States

If you are outside the United States and your green card will expire within 6 months (but you will return within 1 year of your departure from the United States and before the card expires), you should file for your renewal card as soon as you return to the United States.

If you are outside of the United States when the card expires and you have not applied for the renewal card prior to your departure, you should contact the nearest U.S. Consulate, USCIS office, or U.S. port of entry before attempting to file Form I-90 for a renewal green card.

When to Renew a Green Card

You should renew your green card if you are a permanent resident with a Form I-551 valid for 10 years and the card is either expired or will expire within the next 6 months.

Note: If you are a conditional resident and your status is expiring, these instructions do not apply to you. In that case, you must use Form I-751, Petition to Remove the Conditions on Residence, to apply to remove the conditions on your permanent resident status. For more information, see our Conditional Permanent Residence webpage.

How to Appeal If Your Application Is Denied

If your application for renewing your green card is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision. However, you may submit a motion to reopen or a motion to reconsider with the same office that made the unfavorable decision. By filing such a motion, you may ask the USCIS office to reexamine or reconsider its decision.

A motion to reopen must state the new facts that you would provide if your case is reopened and must include appropriate documentary evidence. A motion to reconsider must establish that the decision to deny your application was based on incorrect application of law or immigration policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made.

Versions of Green Card That Are No Longer Valid

If you have a previous version of the alien registration card (e.g., USCIS Form AR-3, Form AR-103 or Form I-151), you must replace it with a current green card.

What the Law Says

Section 264 of the Immigration and Nationality Act (INA) states, "Every alien in the United States . . . shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations . . .." It also says, "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him . . .. Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor ..." The specific requirements and procedures for applying to renew an expiring green card are contained in the Code of Federal Regulations [CFR] at 8 CFR section 264.5.

Replacement of Green Card

How to Apply to Replace Your Green Card

If you are a permanent resident who needs to replace your green card or a conditional resident who needs to replace your two-year green card for any of the reasons listed below, you may begin the application process for a replacement green card by:

· Online E-Filing Form I-90, Application to Replace Permanent Resident Card.

· Filing a paper Form I-90, Application to Replace Permanent Resident Card by mail.

If you are outside the U.S. and have lost your green card, contact the nearest U.S. consulate, USCIS office or port of entry before attempting to file a Form I-90. If your Form I-90 application is approved, you will be mailed a replacement green card with a 10-year expiration date from the date it is issued.

When to Replace a Green Card

You will need to replace your green card if:

· Your previous card was lost, stolen, mutilated or destroyed

· Your card was issued to you before you were 14 and you have reached your 14th birthday (unless your card expires before your 16th birthday)

· You have been a commuter and are now taking up actual residence in the United States

· You have been a permanent resident residing in the United States and are now taking up commuter status

· Your status has been automatically converted to permanent resident status (this includes Special Agricultural Worker applicants who are converting to permanent resident status)

· You have a previous version of the alien registration card (e.g., USCIS Form AR-3, Form AR-103 or Form I-151 – all no longer valid to prove your immigration status) and must replace it with a current green card

· Your card contains incorrect information

· Your name or other biographic information on the card has been legally changed since you last received your card, or

· You never received the previous card that was issued to you by U.S. Citizenship and Immigration Services (USCIS)

How to Appeal If Your Application Is Denied

If your application for a replacement green card is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision. However, you may submit a motion to reopen or a motion to reconsider with the same office that made the unfavorable decision. By filing such a motion, you may ask the office to reexamine or reconsider its decision.

What the Law Says

Section 264 of the Immigration and Nationality Act (INA) states, "Every alien in the United States . . . shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations . . ." It also says, "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him . . .. Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor..." The specific requirements and procedures for applying to renew an expiring green card are contained in the Code of Federal Regulations [CFR] at 8 CFR section 264.5.

Beware of Scams

If you are not familiar with the immigration, visa or green card process, scammers will try to take advantage of you by getting your personal information or your money.

Authenticate Documents

You can present a legal document issued in the United States for use in another country. These documents can include court orders, contracts, vital records, and educational diplomas.

The process to get a document authenticated depends on the specific document, the state in which it was issued, and other factors. Check with your state’s Document Authentication Agency (DAA) and the Authentications and Apostilles page from the Department of State (DOS).

Diversity Immigrant Visa Lottery Program

The United States’ Diversity Immigrant Visa (DV) Lottery program allows for up to 50,000 immigrant visas to be awarded each year. It gives foreign nationals of countries that have low rates of immigration to the U.S. an opportunity to participate in a random drawing for the potential of getting an immigration visa.

Eligibility Requirements

Also known as the Green Card lottery, the DV program makes a limited number of immigrant visas available every year to people meeting certain eligibility requirements:

You must be a foreign citizen from a country with a low immigration rate to the United States. Each year, the U.S. Department of State puts out a list of eligible and ineligible countries. The list of countries may change each year.

You must have graduated from high school or its equivalent or have qualifying work experience.

Fraud Warning

The State Department wants DV lottery participants to know about scams involving fraudulent email and letters sent to DV program applicants. The U.S. government is the exclusive operator of the DV program. It may send you an email reminding you to check the status of your entry, but it will not contact you by email or letter to let you know if you are a winner. You have to check online yourself. The U.S. government will also never ask you to pay for your visa in advance by wire transfer, money order, or check.

Sponsor a Foreign Spouse, Future Spouse, or Relative

Your status determines who you can bring (sponsor) to live and work in the United States.

If you are a U.S. citizen, you can sponsor:

Your foreign spouse or fiancé(e)

Your foreign children

Certain immediate relatives, such as parents or siblings

If you are a permanent resident, you can sponsor:

Your foreign spouse

Your unmarried children (regardless of age)

If you are a refugee or asylee within the past two years, you can petition for certain family members to obtain refugee or asylee status.

If you or a member of your family is in the U.S. military, you may petition for citizenship for family members.

Travel Documents for Foreign Residents Returning to the U.S.

If you have a Permanent Resident Card (Green Card), or are a foreign citizen living in the U.S., you may need additional documents to return to the U.S. after traveling abroad. Obtain these necessary documents from United States Citizenship and Immigration Services (USCIS) before your trip:

Permanent and Conditional Residents

Apply for a re-entry permit using Form I-131 - Application for Travel Document.

The permit is valid for two years from the date of issue for Permanent Residents; up to two years for Conditional Residents.

No additional document is required.

Show your Green Card upon your return.

Rights and Responsibilities of a Green Card Holder (Permanent Resident)

Your Rights as a Permanent Resident

As a permanent resident (green card holder), you have the right to:

· Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law

· Work in the United States at any legal work of your qualification and choosing. (Please note that some jobs will be limited to U.S. citizens for security reasons)

· Be protected by all laws of the United States, your state of residence and local jurisdictions

Your Responsibilities as a Permanent Resident

As a permanent resident, you are:

· Required to obey all laws of the United States the states, and localities

· Required to file your income tax returns and report your income to the U.S. Internal Revenue Service and state taxing authorities

· Expected to support the democratic form of government and not to change the government through illegal means

· Required, if you are a male age 18 through 25, to register with the Selective Service

·Author Name DEEPAK DAYAL (MBA, LLB) | Managing Partner, Dayal Legal Associates .India. Advocate, Supreme Court Of India. Skype: [email protected] http://www.dayallegal.in M : +919560732244 O: +919069113331

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