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Green Card – Permanent Residency

A Green Card, officially known as a Permanent Resident Card, is a document issued by the United States government to immigrants as evidence of their lawful permanent resident status in the country. Green Card holders have the right to live and work permanently in the United States.

It is called a green card because the card used to be the color green. Many people say they are “getting a green card,” which means they are applying for this status.

The Benefits of Permanent Residency Status

A person who has this Permanent Status has permission to live and work in the U.S. for as long as they want to. A Permanent Resident Card is what many people call a “green card,” but the official name is a Permanent Resident Card. This card is proof that the person is a Permanent Resident.

Becoming a Permanent Resident is good if you want to become a U.S. citizen someday. One of the things you need to do to become a U.S. citizen is to be a Permanent Resident for five years or more, or three years or more for people who got their green card through marriage.

Ways to become a Permanent Resident

There are several ways to qualify for a Green Card thus becoming a permanent resident.

  1. Employment-Based Immigration:
    1. First preference: EB-1 Priority workers (EB-1A, EB-1B, and EB-1C)
    2. Second preference: EB-2 Professionals with advanced degrees or exceptional ability
    3. Third preference: EB-3 Skilled workers, professionals, and unskilled workers
    4. Fourth preference: EB-4 Special immigrants
    5. Fifth preference: Investors (EB-5 program)
  2. Family-Based Immigration:
    1. Immediate relatives of U.S. citizens (spouse, unmarried children under 21, parents)
    2. Family preference categories for more distant relatives
  3. Diversity Visa Program: Annual lottery for individuals from countries with low rates of immigration to the U.S.
  4. Refugee or Asylee Status: Individuals granted refugee or asylum status can apply for a Green Card after one year.
  5. Special Categories:
    1. Victims of crime, human trafficking, or women victims of violence, etc
    2. Long-term residents
    3. Other special programs

Application Process

The Green Card application process varies depending on the eligibility category:

  1. File Petition:
    1. Family-based: U.S. citizen or permanent resident files Form I-130
    2. Employment-based: Employer files Form I-140
    3. Self-petition: Applicant files the appropriate form (e.g., Form I-360 for special immigrants)
  2. Wait for Priority Date (if applicable): Check the Visa Bulletin for current processing dates
  3. File Green Card Application:
    1. Adjustment of Status (if in the U.S.): File Form I-485
    2. Consular Processing (if outside the U.S.): Proceed through the National Visa Center
  4. Biometrics Appointment: Provide fingerprints, photos, and signature
  5. Interview: Attend an interview with a USCIS officer (may be waived for some applicants)
  6. Receive Decision: If approved, receive Green Card by mail

Rights and Responsibilities

Green Card holders have many rights and responsibilities:

Rights of a Green Card Holder

  • Live permanently in the U.S.
  • Work in the U.S.
  • Study in the U.S.
  • Own property
  • Travel in and out of the U.S. (with some restrictions)
  • Apply for Social Security benefits
  • Apply for U.S. citizenship after 5 years (3 years if married to a U.S. citizen)

Responsibilities of a Green Card Holder

  • Obey all federal, state, and local laws
  • File income tax returns and report income
  • Register with the Selective Service (males 18-25)
  • Maintain U.S. residence
  • Carry proof of permanent resident status
  • Update address with USCIS within 10 days of moving

Maintaining Permanent Resident Status

To maintain Green Card status:

  • Don’t leave the U.S. for extended periods (generally no more than 6 months at a time)
  • File tax returns as a resident
  • Don’t commit actions that make you removable from the U.S.
  • Renew your Green Card before it expires

If planning to leave the U.S. for an extended period:

  • Apply for a re-entry permit (Form I-131) before leaving
  • Maintain ties to the U.S. (e.g., keep a U.S. address, bank accounts, etc.)

From Permanent Residency (Green Card) to Citizenship

Green Card holders can apply for U.S. citizenship through naturalization:

Eligibility requirements

  • At least 18 years old
  • Permanent resident for at least 5 years (3 years if married to a U.S. citizen)
  • Continuous residence and physical presence in the U.S.
  • Good moral character
  • Basic knowledge of U.S. government and history
  • Ability to read, write, and speak basic English

Naturalization process

  1. File Form N-400 Application for Naturalization
  2. Attend biometrics appointment
  3. Complete naturalization interview and tests
  4. Receive decision
  5. Take the Oath of Allegiance at a naturalization ceremony

Contact CFUIS – Permanent Residency – Green Card Lawyer

If you are ready to apply for Permanent Residency Status (green card) or have questions, give us a call at 813-298-7222, send us an email, fill out our contact form, or schedule an appointment.

Remember, immigration laws and procedures can change. Always check the official USCIS website for the most up-to-date information and consult with an immigration attorney for personalized advice. Our attorneys can support you throughout the full process to ensure success and can assist you with understanding what needs to be done.