Every year, the U.S. government issues over 1 million Green Cards. You can live and work legally as a permanent resident of the United States if you have a U.S. Green Card. Status as a lawful permanent resident differs from citizenship, but it has advantages including permission to work. Different kinds of green cards exist. This page describes what a green card is, the types of green cards that are available, who is eligible to apply for one, the required forms, and step-by-step how to apply for a green card.
Table of Contents
What is a Green Card?
A green card, called a permanent resident card, is a permit that allows a non-US citizen to live in the United States permanently. People from outside the United States want a green card since it allows them to live and work (legally) anywhere in the U.S. for three or five years before becoming eligible for citizenship. EB5 BRICS has expert guidance on obtaining a green card via several channels.
What is the difference between a Green Card and U.S. Citizenship?
The difference between a Green Card and U.S. Citizenship is mainly the more limited rights green card holders have compared to naturalized US citizens, who have all of the rights granted by the US Constitution. On the other hand, permanent residents retain citizenship in their originating country and do not have voting rights in the United States.
Who is eligible for a green card?
A person must fall into one of the categories defined by US immigration law to apply for a green card in the United States. Each type of green card has different eligibility requirements and application procedures. See the USCIS eligibility guidelines for more specific information.
What are the Types of Green Cards?
The types of green cards most commonly issued are conditional green cards (temporary) and permanent green cards.
What is a Conditional Green Card?
A Conditional Green Card allows one to live and work in the United States like any other green card holder, but only for two years. After this they must apply for a full, ten-year green card.
A conditional green card cannot be renewed. They will lose their permanent resident status and be forced to leave the United States if their immigration status is not adjusted within the 90-day window before the conditional green card expires.
For example, an immigrant and their spouse must apply for “Removal of Conditions” after two years and get a 10-year green card, if they were married for less than two years when the green card was obtained.
What are the different ways to get a Green Card?
The different ways to get a green card depends on which category the applicant is eligible for. Each type has different requirements and eligibility conditions, which we will examine.
- Investment-based green card
- Marriage-based green card
- Family-Based green card
- Employment-based green card
- Humanitarian green card
- Diversity Lottery green card
What is a Green Card for Immigrant Investors?
A green card for immigrant investors, through the EB-5 Immigrant Investor Program, is available for those who have invested in or are now planning to invest at least $1,050,000 (or $800,000 in a targeted employment region or infrastructure project) in a new commercial venture in the United States that generates at least 10 qualified full-time jobs.
What is a Marriage-Based Green Card?
A marriage-based green card is a permanent resident card received by marriage to a U.S. citizen or lawful permanent resident. This status allows them to live and work in the United States indefinitely and, once eligible, opt to naturalize as US citizens.
How long does it take to get a spousal green card?
A spousal or marriage-based green card can take between 10 months and three years, depending on whether the spouse is a U.S. citizen or lawful permanent resident. Spouses of US citizens, who currently reside in the country can expect 10 to 12 months; those who reside outside of the country can expect about 10 to 18 months.
Spouses of green card holders can expect the process to take around 24 months to 38 months from start to finish. They first have to wait for a green card to become available after their sponsor files Form I-130 and before they may apply for one in the US or at a US consulate overseas. This usually takes around two years to become available, and the complete procedure takes roughly three years.
What are the CR1 and IR1 Spouse Visas?
The CR1 and IR1 Spouse Visas are immigrant visas that allow a foreign-born person to live in the United States with their spouse who is either a U.S. citizen or a permanent resident. The status is indicated by letters on the physical green card.
- CR1 stands for “Conditional Resident” and refers to couples who have been married for less than two years.
- IR1 stands for “Immediate Relative” and is for couples who have been married for at least two years.
What is a Family-Based Green Card?
A Family-Based Green Card (Family Sponsored Green Card) is an immigrant visa that allows the applicant to live in the United States with their close family.
Close relatives include your spouse, children, parents, and siblings.
What are the types of family-based green cards?
The types of family-based green cards can be divided into two kinds. They are U.S. citizens’ immediate relatives and those in the family preference category.
Immediate relatives are spouse, minor children, and a parent of a U.S. citizen. The family preference category includes more distant family members of U.S. citizens and some lawful permanent residents. They are divided into the following subgroups:
- First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens
- Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents
- Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents
- Third preference (F3) – married sons and daughters of U.S. citizens
- Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age or older)
What is an Employment-Based Green Card?
An Employment Based Green Card allows immigrants to become lawful permanent residents through employment in the United States. There are a variety of ways to obtain an employment-based green card, in different employment-based (EB) “preference immigrant” categories.
What are the types of employment-based Green Cards?
The types of employment-based green cards are:
- First preference (EB-1) – priority workers
- Aliens with extraordinary ability in the sciences, arts, education, business, or athletics
- Outstanding professors and researchers
- Certain multinational managers and executives
- Second preference (EB-2) – aliens who are members of the professions, holding advanced degrees or who have exceptional ability (including requests for national interest waivers)
- Third preference (EB-3) – skilled workers, professionals, or other workers
- Fourth Preference (EB-4)
- International Broadcasting Bureau employed broadcasters
- Religious Minister
- Employees or former employees of the United States government in other countries
- Former Panama Canal Company or Canal Zone Government workers
- Fifth Preference (EB-5) – Employment Creation Investors
Know more about which Employment-Based Green Card category is right for you.
What is a “Humanitarian Green Card”?
A humanitarian green card is granted to foreign nationals by the US government for humanitarian reasons. This form of green card is available to people seeking refugee or asylum status, victims of abuse and crime, and victims of human trafficking.
What are the types of humanitarian green cards?
The types of humanitarian green cards are categorized as follows:
- Refugees and Asylees. People who come to the US as refugees or asylum seekers can apply for a green card, which allows them to live and work legally in the country. Once refugees and asylees have been in the United States for at least one year, they can apply for a green card. Asylees’ children and spouses may be eligible for asylum and, eventually, a green card.
- Refugees apply for a green card from outside the United States to seek protection from violence and persecution in their native country.
- Asylees are people who fled to the United States before requesting asylum.
- Victims of Abuse. One can apply for a green card under the Violence Against Women Act (VAWA) without informing their abusive relative. These green card applications are processed by USCIS without informing the abusive relative, who could be a violent spouse, parent, or child who is a green card holder or a U.S. citizen.
Any applicant in an abusive circumstance is covered by VAWA. Not just women, but LGBT-inclusive and transgender people, men, children, and parents are eligible to seek a green card.
- Crime Victims. Victims of heinous crimes involving significant physical and mental abuse can first apply for a U.S. visa, then a green card. The U visa is a nonimmigrant visa that allows foreign nationals, both documented and undocumented, to seek protection from serious crimes such as sexual assault, kidnapping, and torture.
- Victims of Human Trafficking. One can apply for a T visa if they are a victim of human trafficking in the United States. “The T visa” is a special immigrant visa that allows human trafficking victims to stay in the United States for up to four years if they agree to help law enforcement investigate and prosecute human trafficking offenses. Those under 18, however, do not have this requirement.
What is a Diversity Visa Green Card?
A Diversity Visa Green Card is given to a certain number of immigrants each year, as part of a program to add more diversity to the US immigration program. The Diversity Immigrant Visa Program (DV Program) makes up to 50,000 immigrant visas available each year. These immigrant visas are picked at random from all entries, to people from countries with low immigration rates to the United States. The Department of State (DOS) is in charge of the DV Program. The majority of lottery winners live outside of the United States and obtain an immigrant visa through consular processing.
What is the application process for a Green Card?
The application process for obtaining a green card differs depending on the specific situation. However, most applicants go through the following steps in the application process.
- File an immigrant petition on behalf of the applicant. This is done by either an employer, spouse, or family member. In some cases, the applicant may file for themselves.
- File a USCIS green card application or a U.S. Department of State visa application when the immigrant petition is approved and a visa is available.
- Attend a biometrics appointment to give fingerprints, photographs, and signatures.
- Attend an interview.
How do you apply for a green card in the United States?
To apply for a green card in the United States, the applicant files Form I-485 Application (Adjustment of Status) to Register Permanent Residence or Adjust Status with USCIS, along with all supporting documents and fees. The application is reviewed by USCIS, and the applicant is scheduled for an interview. Once approved, the Green Card is valid for ten years after it is issued.
How do you apply for a green card outside of the U.S.?
To apply for a green card outside of the U.S., the applicant goes through consular processing with the U.S. Department of State in their country. They can apply after the following conditions have been met.
After the immigrant’s U.S. citizen or lawful permanent resident relative files and has an I-130 petition approved by USCIS on the immigrant’s behalf; or
An employer obtains labor certification and an approved I-140 petition for the immigrant; or
The immigrant is chosen in the diversity visa lottery.
What is a Green Card Interview?
A green card interview is a face-to-face meeting between the US government and an applicant to ensure that the applicant is eligible to become a permanent resident and that all of the information on their application is accurate.
What should you bring to the green card interview?
You should bring to a green card interview all the required documents (see the checklist below). Other supporting documentation that reflects any recent changes that may affect your application, such as a change of employer, change of address, or the birth of a child should be brought. You are allowed to bring an immigration attorney or an interpreter.
List of documents to bring to Green Card Interview.
- A government-issued I.D. such as a passport or driver’s license
- A copy of Form I-485 interview appointment notice (Form I-797C, Notice of Action)
- A complete copy of the Form I-485 Adjustment of Status application packet, including a copy of any of these forms if you submitted them.
- Form I-130
- Form I-130A
- Form I-864
- Form I-131
- Form I-765
- Form I-944
- Your passport, unless applied under asylum or refugee status
- Other travel documents, like advance parole, if traveling out of the U.S. after submitting the application and before the interview
- Original copies of the supporting documents submitted with the application, including birth certificates, marriage certificates, divorce decrees, death certificates
- Form I-693 completed with the doctor’s report from the medical examination if it was not submitted with the original application
- An official letter from an employer showing continued employment and salary if applying for an employment-based green card
- Original copies of documents showing proof of married life if applying for a marriage-based green card, including children’s birth certificates, joint lease and mortgage statements, joint bank account statements, joint credit card statements, and other pertinent documents.
What types of questions will be asked at the Green Card Interview?
The types of questions that will be asked at the green card interview are used to validate that the applicant is eligible to become a permanent resident and that all of the information on their application has been verified. The applicant takes an oath to speak the truth during the interview and is expected to answer all questions completely and honestly.
Expect questions on these topics.
- Basic personal information
- Physical information
- Information about the applicant’s family history
- Relationship history, if a marriage-based green card
- Military history
- Travel history for the past ten years
- Immigration status and history
- Education
- Employment history
- Personal ethics
- Criminal history or legal issues
- Tax History
- Affiliation with organizations
What happens after the Green Card Interview?
After the green card interview, the USCIS officer approves the I-485 application if they have all of the information and the application is correct. In some situations, the inspector may be able to stamp the passport with a “I-551 stamp.” The new green card then is processed by USCIS and mailed to the address on file. However, not all status adjustment interviews result in a decision because more evidence is needed. The applicant should submit the appropriate documentation by the deadline given if this is the case. The USCIS mails a determination. It usually takes 90 days or less for the green card to be sent.
How long is the Green Card Processing Time?
The green card processing time from start to finish varies based on the type of green card and where the application was made. The Green Card processing time for Form I-485 Application to Register Permanent Residence or to Adjust Status is typically between 8 to 14 months.
What are the reasons for a Green card Application Denial?
Reasons for green card application denials are based on the determination that the applicant is inadmissible in the US based on the information given in the application and interview. Every year, USCIS denies thousands of green card applications. For example, for FY 2018, USCIS statistics show that 835,972 Form I-130 petitions for alien relatives were received, of which 52,868 were denied.
Some of the most common reasons include: the applicant didn’t qualify for a green card, did not keep required appointments or respond to deadlines, application had errors, missing information on the application, signatures could not be verified, insufficient resources, processing errors, or the applicant broke the law or was deported.
Can you travel outside of the United States while a Green Card Application is pending?
Yes, you can travel outside of the U.S. while a green card application is pending if there is a valid travel document when leaving the country. Form I-131 (Advance Parole Document), Application is for Travel Document if there is a need to leave the United States temporarily while Form I-485 is pending. The applicant is considered to have abandoned their Green Card application if they leave the United States without an advance parole document with a pending Form I-485.
What is the main difference between a Green Card and H1B Visa?
A Green Card and an H1B Visa are two different types of immigration status for people. A Green Card is a permanent residency, while an H1B Visa is a non-immigrant visa to legally work in the USA.
How to go from an H1B Visa to a Green Card?
A person can get an H1B Visa to Green Card by their employer submitting a petition on their behalf. The process includes first, applying for PERM Labor Certification, then submitting an Application for Employment Certification, and completing Form I-140 Immigrant Petition for Alien Worker. The final step is done by the worker themselves by submitting Form I-485 Application to Register Permanent Residence or Adjust Status.
What is the main difference between a Green Card and an F1 Visa?
The main difference between a Green Card and an F1 Visa is a Green Card is a permanent residency, while an F1 Visa is a non-immigrant visa for foreign students.
How to go from F1 Visa to Green Card?
A person can get an F1 Visa to Green Card by these methods:
- Marrying a citizen or lawful permanent resident of the United States
- Sponsored by a family member
- Self-petitioning, as a person with exceptional skills
- Sponsorship from a company
- Changing your visa status to a dual-intent visa
- Investing in real estate or job creation
What is the main difference between a Green Card and an OPT F1 Visa?
A Green Card and an OPT F1 Visa are two different types of immigration status for people. A Green Card is a permanent residency, while an OPT F1 Visa is a non-immigrant visa.
How to go from an OPT F1 Visa to a Green Card?
A person can get an OPT F1 Visa to Green Card if they meet the requirements and can locate a sponsor. They are eligible to apply for an EB-2 or EB-3 visa while on OPT as an F1 student. Optional practical training can allow them to find work in the United States that is closely related to their degree.