Green Card Guide: US Permanent Residence

This article provides a comprehensive guide to the US Green Card, formally known as lawful permanent residence. A Green Card allows foreign nationals to live and work in the United States on a permanent basis, providing access to important rights, responsibilities and a pathway to US citizenship.

What this article is about: This article explains what a Green Card is, who qualifies, the main application routes, and what life is like as a permanent resident in the US. It also sets out the obligations that accompany Green Card status and the potential routes to citizenship. Employers, applicants and family members will find practical and legal guidance to help understand the Green Card process.

Section A: Understanding the Green Card

A Green Card is the common term for a United States Permanent Resident Card. It is the official evidence of a person’s status as a lawful permanent resident (LPR) of the United States. Holders of a Green Card are permitted to live and work permanently in the country, subject to certain conditions. The card itself is issued by United States Citizenship and Immigration Services (USCIS).

1. What is a Green Card?

A Green Card establishes the right of a foreign national to remain in the United States on an indefinite basis. It is not the same as citizenship, but it provides security of residence and broad access to work and study opportunities. The physical card for permanent (unconditional) residence is typically valid for ten years and must be renewed; the underlying status continues provided it is maintained correctly.

Where permanent residence is granted on a conditional basis—most commonly through marriage to a US citizen or permanent resident, or through certain investor routes—the initial card is issued for two years. Before expiry, the holder must file the appropriate petition to remove conditions: Form I‑751 (Petition to Remove Conditions on Residence) for marriage-based cases, or Form I‑829 (Petition by Investor to Remove Conditions on Permanent Resident Status) for investor cases. Failure to remove conditions results in loss of status and may render the individual removable.

2. Difference between Green Card and US Citizenship

A Green Card confers the right to reside in the US permanently, but it does not grant full political rights. Permanent residents cannot vote in federal elections, hold certain public offices or obtain a US passport. They are, however, protected under US law and have many of the same civil rights as citizens. Citizenship is generally obtained through naturalisation after a period of continuous residence as a Green Card holder (commonly five years, or three years if married to and living with a US citizen and meeting the other requirements), together with good moral character and passing English and civics tests.

3. Benefits and limitations of permanent residence

Benefits: broad work authorisation across most sectors without additional visas; freedom to live anywhere in the United States; access to higher education opportunities; and eligibility, in time and subject to category rules, to sponsor certain relatives for immigration.

Limitations and risks: extended absences from the United States can jeopardise status if they suggest abandonment of residence; conditional residents must remove conditions on time; serious criminal conduct, fraud or other grounds of removability under the Immigration and Nationality Act may lead to loss of status.

Section A Summary

The Green Card is the foundation of permanent residence in the United States. It provides stability, freedom to live and work, and a gateway to citizenship. However, conditional residence requires timely removal of conditions via the correct USCIS petitions, and all residents must preserve US ties and comply with the law to protect their status.

Section B: Eligibility Categories for a Green Card

To obtain a Green Card, applicants must fall within one of the recognised eligibility categories under US immigration law. Each category has specific qualifying criteria, processes, and evidential requirements. Understanding the different routes is essential before making an application.

1. Family-based immigration routes

Family sponsorship is the most common path to permanent residence. US citizens may petition for immediate relatives, including spouses, unmarried children under 21, and parents. These visas are not subject to annual numerical limits.

Other family-based categories fall under the “family preference” system, covering relatives such as married children of US citizens or siblings of adult US citizens. Lawful permanent residents (existing Green Card holders) may also petition for their spouses and unmarried children. These categories are subject to annual visa caps, creating long waiting lists for applicants from certain countries.

Most family-based applicants also require a financial sponsor to file Form I-864 (Affidavit of Support). This legally binding undertaking confirms that the sponsor has adequate income or assets to support the immigrant and prevents them from becoming a public charge.

2. Employment-based categories (EB-1 to EB-5)

Employment-based immigration is divided into five preference categories:

• EB-1: Individuals of extraordinary ability, outstanding professors or researchers, and multinational executives or managers.
• EB-2: Professionals with advanced degrees or exceptional ability in sciences, arts, or business. Most require a labour certification (PERM) to confirm no qualified US workers are available.
• EB-3: Skilled workers, professionals, and other workers, typically requiring employer sponsorship and labour certification.
• EB-4: Special immigrants, including certain religious workers, broadcasters, and employees of international organisations.
• EB-5: Immigrant investors who make qualifying investments in US commercial enterprises creating or preserving at least 10 full-time jobs for US workers. Investors initially receive conditional residence and must later file Form I-829 to remove conditions.

3. Diversity Visa Lottery

The Diversity Visa (DV) Program, or “Green Card Lottery,” makes up to 55,000 visas available each year for nationals of countries with historically low immigration to the United States. Selection is random but subject to education or work experience requirements. Importantly, entry is free and must only be made through the official website (dvprogram.state.gov). Applicants should be cautious of scams and fraudulent websites claiming to guarantee selection or charging unnecessary fees.

4. Humanitarian routes (asylum, refugee, special cases)

Individuals granted asylum or admitted as refugees may apply for a Green Card one year after entry or asylum grant. Other humanitarian categories include T visas (victims of human trafficking), U visas (crime victims who assist law enforcement), and petitions under the Violence Against Women Act (VAWA) for certain abused spouses, children or parents of US citizens or residents.

Section B Summary

Green Card eligibility arises through family ties, employment-based preferences, diversity selection, or humanitarian protection. Each route has its own legal requirements and evidential standards, as well as different processing times and risks. Applicants must carefully select the correct category and prepare accurate documentation to avoid delays or refusals.

Section C: Applying for a Green Card

The process of obtaining a Green Card differs depending on whether the applicant is in the United States or abroad. The two main procedures are Adjustment of Status and Consular Processing, each overseen by US Citizenship and Immigration Services (USCIS) and the US Department of State.

1. Adjustment of Status vs Consular Processing

Adjustment of Status (AOS): For applicants already lawfully present in the United States. They may apply to adjust status to permanent residence without leaving the country by filing Form I-485 (Application to Register Permanent Residence or Adjust Status).

Consular Processing: For applicants outside the United States. They apply for an immigrant visa at a US consulate abroad by filing Form DS-260 (Immigrant Visa Electronic Application). Once issued, the applicant enters the US as a permanent resident.

Both processes involve eligibility checks, security screening, and usually an in-person interview.

2. Application forms and supporting documents

Commonly required petitions and applications include:

• Form I-130 (Petition for Alien Relative) – filed by US citizens or permanent residents sponsoring family members.
• Form I-140 (Immigrant Petition for Alien Worker) – filed by employers or individuals seeking an employment-based Green Card.
• Form I-485 (Adjustment of Status) – filed by applicants inside the US.
• Form DS-260 (Immigrant Visa Application) – filed by applicants outside the US.
• Form I-864 (Affidavit of Support) – required in most family-based and some employment-based applications to confirm financial sponsorship.

Supporting evidence may include identity documents, civil records, police certificates, employment verification, and proof of financial means.

3. Medical exam and biometrics

All applicants must undergo a medical examination by a USCIS-approved physician to confirm they meet public health requirements and vaccination standards. They must also attend a biometrics appointment to provide fingerprints, photographs and a signature for background and security checks.

4. Fees and processing times

Application fees vary depending on the route. As of April 2024, the Form I-485 fee is $1,440 (including biometrics) for most applicants aged 14–78. Consular Processing involves lower USCIS petition fees but requires additional costs for the immigrant visa, medical exam, and supporting documents. Fees are subject to change and applicants should always confirm the current schedule on the USCIS website.

Processing times range from several months to many years depending on visa category, country of origin, and availability of visa numbers under the annual limits.

Section C Summary

The Green Card process requires accurate form completion, careful evidence preparation, and awareness of fees and timelines. Whether adjusting status in the US or applying through consular processing abroad, applicants must ensure compliance with the legal and procedural requirements to achieve success.

Section D: Life as a Green Card Holder

Holding a Green Card offers long-term security and opportunities in the United States, but it also comes with legal obligations. Permanent residents must understand both their rights and responsibilities to protect and maintain their status.

1. Rights of Green Card holders

Permanent residents enjoy important rights, including the ability to:

• Live permanently anywhere in the United States.
• Work for almost any US employer without additional authorisation.
• Access higher education, often with in-state tuition benefits.
• Apply for Social Security and other benefits once eligibility requirements are met.
• Receive protection under federal, state and local laws.

Green Card holders do not have full political rights: they cannot vote in federal elections, run for certain public offices, or obtain a US passport. These privileges are reserved for US citizens.

2. Responsibilities of permanent residents

Alongside rights, Green Card holders must comply with obligations, including:

• Filing US tax returns and reporting worldwide income.
• Notifying USCIS of any address change within ten days using Form AR-11.
• Carrying valid proof of permanent residence at all times.
• Complying with US laws and avoiding criminal activity.

Conditional residents must also file Form I-751 (marriage-based) or I-829 (investment-based) petitions to remove conditions within the statutory period, or risk losing their status.

3. Maintaining permanent residence and avoiding abandonment

Green Card status can be lost if considered abandoned. Extended absences of six months or more may raise questions about residence. Absences of over one year generally require a Re-entry Permit (Form I-131), which must be obtained before leaving the US. If a resident remains outside the US for more than a year without a re-entry permit, they may need a Returning Resident (SB-1) visa from a US consulate to re-enter.

Maintaining employment, tax filings, property, and family ties in the United States helps demonstrate continuing residence.

4. Pathway from Green Card to US Citizenship

Most Green Card holders can apply for citizenship through naturalisation after five years of continuous residence. Those married to and living with a US citizen may apply after three years. Applicants must demonstrate good moral character, continuous residence, and pass English language and US civics tests. Citizenship grants full political rights, including voting and eligibility for a US passport.

Section D Summary

Green Card holders gain stability, broad rights to live and work, and a pathway to citizenship. However, maintaining residence requires compliance with tax, address, and travel obligations, and conditional residents must remove conditions on time. Awareness of these duties is essential to avoid abandonment or revocation of status.

FAQs

How long does it take to get a Green Card?

Timelines vary depending on category, country of origin, and visa availability. Immediate relatives of US citizens may receive a Green Card within months, while family preference and employment-based applicants may face waits of several years due to annual visa caps and backlogs.

Can I travel outside the US with a Green Card?

Yes, but travel must be managed carefully. Absences over six months may raise questions about abandonment. Absences of more than one year usually require a Re-entry Permit (Form I-131) obtained before leaving the US, or alternatively, an SB-1 Returning Resident visa if abroad without a permit.

What happens if my Green Card expires?

The physical card is generally valid for ten years. If it expires, the status of permanent residence continues, but the card must be renewed using Form I-90. Conditional residents with two-year Green Cards must file Form I-751 or Form I-829 to remove conditions before their card expires.

Can a Green Card be revoked?

Yes. Grounds for revocation include fraud or misrepresentation, abandonment of residence, certain criminal convictions, failure to remove conditions, or national security concerns under the Immigration and Nationality Act. Revocation typically occurs through removal proceedings in immigration court.

How soon can I apply for citizenship after getting a Green Card?

Most permanent residents can apply for US citizenship after five years of continuous residence. Those married to a US citizen may be eligible after three years, provided they meet residence, good moral character, and testing requirements.

Conclusion

The Green Card grants lawful permanent residence in the United States, providing long-term security, the ability to work and live freely, and a pathway to citizenship. Whether obtained through family ties, employment, the Diversity Visa Lottery, or humanitarian routes, each category carries distinct requirements and evidential burdens.

Applicants must carefully follow the correct procedures, ensure compliance with fee and documentation rules, and meet ongoing obligations such as tax filings and residence maintenance. Conditional residents must remove conditions within strict timeframes, and all residents must avoid extended absences or criminal conduct that could jeopardise status. For many, securing a Green Card represents not only permanent settlement but also the first step towards full US citizenship and the rights it confers.

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