What Is a Green Card?
In the United States, a “green card,” formally called a Permanent Resident Card, allows a foreign national to live and work permanently in the U.S. if they follow the terms of their green card and remain on good behavior, such as by not committing certain crimes. A green card also offers eligible lawful permanent residents a pathway to U.S. citizenship and other benefits such as:
- The ability to open and work for businesses in the U.S.
- The ability to sponsor immediate family members for green cards
- The legal protections of U.S. law, including access to the courts
- Eligibility for certain federal benefits such as student loans or Social Security
U.S. Citizenship and Immigration Services (USCIS) decides on green card applications. However, a foreign national subject to removal who applies for lawful permanent residency may have their green card application approved by an immigration judge, the Board of Immigration Appeals, or a federal court.
Types of Green Cards
Foreign nationals have several pathways to apply for lawful permanent residency in the U.S. The path an individual pursues when applying for a green card will determine which category of visa they receive if approved to come to the U.S.
Family
A foreign national may apply for a U.S. green card after a U.S. citizen or lawful permanent resident family member sponsors their application. However, the family relationship between the applicant and sponsor will determine which category of family-based immigration visa the applicant receives. Furthermore, U.S. immigration law caps the number of visas available annually for specific categories. Foreign nationals may apply for green cards through sponsorships offered through spouses, immediate relatives, fiances, or deceased spouses. A person can apply if they are:
- The spouse of a U.S. citizen
- An unmarried child under 21 of a U.S. citizen
- A parent of an adult U.S. citizen (age 21 or older)
- An unmarried adult child of a U.S. citizen
- A married child of a U.S. citizen
- A sibling of a U.S. citizen at least 21 years old
- The spouse of a lawful permanent resident
- An unmarried child under 21 of a lawful permanent resident
- An unmarried child of a lawful permanent resident age 21 or older
- The fiance of a U.S. citizen
- A child of the fiance of a U.S. citizen
- The widow or widower of a U.S. citizen married to their spouse at the time of their spouse’s death
- The abused spouse of a U.S. citizen or lawful permanent resident
- An abused child under 21 of a U.S. citizen or lawful permanent resident
- The abused parent of a U.S. citizen
However, many foreign nationals seeking family-based immigration to obtain a U.S. green card face annual quotas on visa availability, with the backlog for visa applications usually stretching over a decade.
Employment
Foreign nationals may also apply for a U.S. green card based on their desire and ability to work here. In most cases, applicants must have a U.S. employer sponsor their application, which requires proof of a valid job offer and evidence of the employer’s inability to hire U.S. citizens or nationals.
USCIS issues employment-based immigration visas for green cards based on the preference for immigrant workers. First-preference immigrant workers:
- Have extraordinary ability in the arts, sciences, education, business, or athletics
- Are a noteworthy professor or researcher
- Are a multinational executive or manager meeting specific criteria
Second-preference immigrant workers include:
- Workers in professions requiring advanced degrees
- Workers who have exceptional ability in the arts, sciences, or business
- Workers who qualify for a national interest waiver, such as physicians, who agree to work full-time in clinical practice in designated underserved areas in the U.S.
Third-preference immigrant workers include:
- Skilled workers (workers whose jobs require at least two years of job training or work experience)
- Professionals whose jobs require a U.S. bachelor’s degree (or foreign equivalent)
- Unskilled workers (workers whose jobs require less than two years of training or experience)
U.S. immigration law also maintains visa categories for certain special immigrants, such as ministers, religious workers, and current or former U.S. government workers. Finally, foreign nationals may apply for lawful permanent residency if they have invested at least $1.05 million (or $800,000 in a targeted employment area or infrastructure project) in a new business in the U.S. that will create at least 10 qualifying full-time positions.
Lottery
U.S. immigration law also operates a lottery program for green cards, formally known as the Diversity Immigrant Visa Program. The lottery, operated by the U.S. Department of State, typically offers approximately 50,000 immigrant visas annually. Its purpose is to diversify the immigrant population in the U.S. by selecting applicants from countries with low numbers of immigrants over the previous five years. As a result, citizens of certain countries cannot enter the lottery due to the number of immigrants to the U.S. from those countries. The State Department selects applicants at random, with selected applicants invited to pursue the green card application process.
Applicants for the Diversity Visa program must meet specific eligibility requirements, including:
- They must have completed a formal course of elementary and secondary education comparable to the 12-year course of primary and secondary education in the U.S. Equivalency certificates such as the GED do not qualify.
- They must have at least two years of work experience in the past five years in a job that, by U.S. Department of Labor standards, requires at least two years of training or experience to perform.
Applicants must also meet all other eligibility criteria applicable to immigrant visas.
Refugee
Foreign nationals can also seek lawful permanent residency in the U.S. after obtaining asylum or refugee status. Asylees or refugees who have resided in the U.S. for at least one year based on their status may apply for adjustment of status to obtain a green card, provided the applicant proves their admissibility to the U.S. for lawful permanent residency or eligibility for a waiver of inadmissibility.
Other
Immigration law also offers other avenues for applying for a green card, such as:
- Victims of human trafficking holding a T nonimmigrant visa
- Victims of crimes committed in the U.S. who hold a U nonimmigrant visa
- Children who have suffered abuse, abandonment, or neglect by their parents and who have obtained Special Immigrant Juvenile status
- Abused spouses or children of Cuban citizens or nationals
- Cuban citizens or nationals, or the spouses or children of Cuban citizens or nationals
- Spouses or children of lawful permanent residents who received their green cards through the Haitian Refugee Immigration Fairness Act
- Abused spouses or children of lawful permanent residents who obtained their green cards under the Haitian Refugee Immigration Fairness Act
- Liberian nationals who have continuous physical presence in the U.S. since November 20, 2014, or spouses, children under 21, or unmarried children 21 or older of a qualifying Liberian national
- Individuals paroled into the U.S. as a Lautenberg parolee
- Citizens or nationals of Vietnam, Cambodia, or Laos paroled into the U.S. on or before October 1, 1997, from Vietnam under the Orderly Departure Program, a refugee camp in East Asia, or a displaced persons camp in Thailand administered by the U.S. High Commissioner for Refugees
- Native Americans born in Canada with at least 50 percent American Indian blood who maintain a principal residence in the U.S.
- Individuals born in the U.S. to foreign diplomatic officers stationed in the U.S.
- Foreign diplomats or high-ranking officials currently stationed in the U.S. and unable to return to their country of citizenship
Marriage-Based Green Cards
U.S. immigration law authorizes unlimited immigrant visas for spouses of U.S. citizens. However, the law conditions a foreign national’s permanent resident status based on marriage if the foreign national had married their U.S. citizen spouse less than two years before the date they obtained lawful permanent residency. In this situation, a lawful permanent resident must petition USCIS to remove their conditional status. The resident must file their petition with their U.S. citizen spouse unless:
- The U.S. citizen spouse has died, and USCIS finds the lawful permanent resident entered the marriage in good faith
- A good faith marriage ended in divorce or annulment
- The U.S. citizen spouse subjected the lawful permanent resident or their children to battery or extreme cruelty
- Termination of the lawful permanent resident’s status would result in extreme hardship
A couple can obtain lawful permanent residency for a foreign national spouse when the U.S. citizen spouse files a Form I-130 to establish the marriage relationship. Meanwhile, the foreign national spouse either files a Form I-485 if residing in the U.S. to petition for adjustment of status or a Form DS-260 if living abroad to obtain an immigrant visa.
How to Get a Green Card Without Marriage
Before a couple gets married, a U.S. citizen can petition for a green card for their fiance by sponsoring a K-1 nonimmigrant visa to have their fiance admitted to the U.S. After entering the U.S., the fiance can petition for adjustment of status to lawful permanent residency as the fiance of a U.S. citizen.
Children and Green Cards
Children of foreign nationals who marry U.S. citizens also have a pathway to obtaining lawful permanent residency. First, children of a foreign national engaged to marry a U.S. citizen can enter the U.S. through a K-2 nonimmigrant visa and later petition for adjustment of status to apply for a green card. Alternatively, once their foreign national parent has married a U.S. citizen, the U.S. citizen can pursue the adoption of the children, which allows the citizen to sponsor the children’s green card application as the relative of a U.S. citizen.
Green Card Eligibility
To apply for a green card, a foreign national must fall within one of the categories of eligibility for qualifying for lawful permanent residency, which include:
- Immediate relatives of U.S. citizens, including spouses, unmarried children under 21, and parents of a U.S. citizen 21 or older
- Other family members of U.S. citizens or lawful permanent residents, including unmarried adult children, married adult children, and siblings
- Preferred employees, including workers with qualifying job offers from U.S. employers
- Special immigrants, such as retired employees of the U.S. government abroad, international broadcasters, ministers and religious workers, or minors under the care of a juvenile court
- Refugees and asylees
Alternatively, foreign nationals can qualify for a green card if selected by the U.S. State Department’s Diversity Visa lottery.
Applicants for green cards must meet other general eligibility criteria, including:
- Being a person of good moral character
- Not being inadmissible on health-related grounds, including having a communicable disease of significance to public health; not having documentation of vaccination for specific diseases; having a physical or mental disorder that may pose a threat to the safety or property of the applicant or others; having a substance abuse disorder or addiction
- Not being inadmissible on criminal and related grounds, including having committed crimes of moral turpitude (such as violent crimes) or certain drug- or sex-related offenses
- Not being inadmissible on security grounds, including entering the U.S. to engage in espionage, sabotage, terrorism, or acts to overthrow the U.S. government by force, violence or unlawful means
- Not being inadmissible due to a likelihood of becoming a public charge
- Not having entered the U.S. without admission or parole or not having failed to attend any removal proceedings
- Not being permanently ineligible for U.S. citizenship
- Not being currently removable from the U.S. due to inadmissibility, certain immigration-related violations, marriage fraud, criminal offenses, failure to register, falsification of documents, or national security grounds
Green card applicants may have to submit to a medical examination to determine their eligibility to enter the U.S. for immigration.
An experienced immigration attorney can help you determine your eligibility to apply for a green card, whether you may have factors in your record that might render you ineligible, and your legal options for pursuing waivers of those ineligibility factors.
How to Apply
The process of applying for a U.S. green card will depend on whether the applicant applies while outside or inside the U.S. When applying from outside the U.S., an applicant must undergo consular processing with the U.S. Department of State. Applicants who apply while already in the U.S. must petition USCIS for adjustment of status.
For both methods, the application process begins with a U.S. citizen, lawful permanent resident, employer, or other party sponsoring the applicant’s immigrant petition. For family-based immigrant petitions, the applicant’s U.S. citizen or lawful permanent resident family member must file a Form I-130, Petition for Alien Relative. For employment-based immigrant petitions, the applicant’s U.S. employer may have to file a Form I-140, Petition for Alien Worker. Other immigrant petitions have specific forms applicants are required to file. Once the immigrant petition gets approved and the applicant receives their immigrant visa number, they can pursue consular processing or adjustment of status.
For consular processing, once USCIS approves the immigrant petition, it will send it to the State Department’s National Visa Center (NVC), which will assign the applicant an immigrant visa number when one becomes available. The NVC will notify the applicant when they receive a number and when to submit visa application fees and supporting documentation. When a visa becomes available, the applicant’s local consular office will schedule a consular interview at a U.S. Embassy or Consulate in the applicant’s home country.
At the consular interview, a U.S. consular official will review the applicant’s materials and ask questions to confirm their eligibility for permanent lawful status. If the consular officer grants the application, they will provide the applicant with a visa packet, which the applicant must not open. Instead, they should pay the USCIS immigrant fee, which covers the costs associated with processing the visa packet and producing the applicant’s green card.
When the applicant arrives in the U.S., they must present their visa packet to a U.S. Customs and Border Protection officer at the port of entry. The officer will inspect the packet and determine whether to admit the individual into the U.S. as a lawful permanent resident. Once admitted, the foreign national obtains permanent resident status and may permanently live and work in the U.S. The individual’s green card should arrive in the mail within 90 days of their arrival in the U.S. (unless they did not pay the USCIS immigrant fee before their arrival).
For adjustment of status, an applicant must file a Form I-485, Application to Register Permanent Resident or Adjust Status, once USCIS approves their sponsor’s immigrant petition and a visa becomes available in the applicant’s category. The applicant must file their Form I-485 with USCIS. Applicants adjusting their status under section 245(i) of the Immigration and Nationality Act must also submit Supplement A to Form I-485.
After an applicant files their Form I-485, USCIS will send a notice of appointment at a local Application Support Center for the applicant to provide their biometrics, including fingerprints, photographs, and signature. USCIS will also review the application to determine whether to schedule an interview with an applicant. If the agency decides to conduct an interview, it will notify the applicant of the date, time, and location. The applicant and the family member who sponsored the immigrant petition must bring the originals of all supporting documents submitted with the petition and the applicant’s Form I-485. USCIS may also contact the applicant for additional information or documentation, including when submitted documents expire or when the immigration officer needs more information to determine the applicant’s eligibility.
When USCIS reaches a decision on an application, it will mail the applicant a written decision notice. If an application gets approved, the applicant will first receive the approval notice, followed by their green card. However, when USCIS denies an application, the notice will state the reason(s) for the denial and whether the applicant may appeal the decision or file a motion to reopen or reconsider.
What If I Am Denied?
If USCIS denies your green card application, your options will depend on the reasons for the denial. For example, when specific immigration laws disqualify an applicant from obtaining a green card or entering the U.S., the applicant may have the option of petitioning the Department of Homeland Security for a waiver of that ineligibility. During consular processing, a consular officer must sometimes deny an application due to insufficient information to determine the applicant’s eligibility. After the denial, the applicant may have the ability to reapply and supplement their application with the missing information.
Applicants typically cannot appeal a denial of adjustment of status. However, they usually have the option to file a motion to reopen or reconsider their application. In this situation, they must provide additional information or documentation to supplement their application or to argue why the immigration officer erred in denying their application.
Commonly Asked Questions
The process of applying for a green card is complex, and given the high stakes involved, many applicants find themselves with questions about the process, the requirements, and what happens to their application – and their likelihood of being approved for permanent residency – in specific circumstances.
How Much Does a Green Card Cost?
Filing fees for green card applications depend on a foreign national’s pathway when applying for a green card. Different petition forms have different fees. For example, a Form I-130 petition for an alien relative has a filing fee of $675 for paper filings or $625 when filed online. Applicants living in the U.S. usually must pay a $1,440 green card application form fee, a $260 work permit application fee, a $630 travel permit application fee, and a $85 fee to collect biometrics. Applicants abroad must pay $120 to file the required financial support form, a $325 State Department processing fee, and a $230 USCIS Immigrant Fee.
Other potential costs that applicants may incur during the application process include:
- Fees to obtain the required medical exam
- Fees for vaccinations or boosters
- Service fees for translating foreign documents into English
- Fees to obtain required 2-inch-by-2-inch photographs
- Document request fees to obtain supporting documentation, such as birth certificates, marriage certificates, divorce decrees, death certificates, or passports
- Shipping, mailing, and postage fees
What Does a Green Card Look Like?
The U.S. green card, redesigned for 2023, still has the overall green tint or hue that gives the document its name. On the front of the card, the top left corner displays the words:
UNITED STATES OF AMERICA
PERMANENT RESIDENT
The background of the front of the card has a stylized U.S. flag, with the head and torch of the Statue of Liberty on the right side. The left side of the card displays the permanent resident’s photograph, with a holographic silhouette of the Statue of Liberty to its right. The middle of the card lists the permanent resident’s basic information, including their surname name, given name, country of birth, USCIS number, date of birth, sex, card expiration date, and the date on which the individual obtained permanent resident status.
The back of the green card has another stylized background. The top of the card displays the U.S. government form number for the card, a serial number, and a barcode. Below those numbers, the card has another photograph of the permanent resident with a holographic image of a torch imprinted with the resident’s date of birth. The bottom of the back of the green card displays an alphanumeric string with symbols that contain data about the cardholder.
How Long Does the Process Take?
Depending on the pathway a foreign national chooses to pursue a green card, the process of obtaining permanent residency can last as little as several months or as much as several years. One of the most significant factors affecting the duration of the application process is whether an applicant pursues an immigrant visa with limited availability. Applicants applying for limited-availability visas may have to wait through a backlog lasting upwards of a decade. Other factors that can affect the duration of the application process include the relationship between an applicant and a sponsoring U.S. citizen family member, the applicant’s health eligibility, and the sufficiency of documentation supporting the application.
What to Do If You Lose Your Green Card?
A lawful permanent resident who loses possession of their green card must apply to USCIS for a replacement card by filing Form I-90, Application to Replace Permanent Resident Card. Residents can file the form online or by mail. USCIS will mail a new green card after approving a resident’s form and may provide an Alien Documentation, Identification, and Telecommunications stamp to prove lawful status.
If USCIS denies the application, it will send a letter explaining the reasons for the denial. Although applicants cannot appeal the denial, they can submit a request to reopen or for reconsideration and provide additional information and documentation to support their application.
Applying for a U.S. green card can involve a long, difficult process. Working with an experienced Massachusetts immigration attorney can help remove much of the anxiety, confusion, and stress that may surround the green card application process. An immigration lawyer can help you determine your eligibility for lawful permanent residency, evaluate the best path for you to apply for a green card, help you gather the information and supporting documentation you need for your application, and guide you through the application process.
They can also help you understand your rights and obligations as a lawful permanent resident, including how to maintain your green card status. Working with an attorney can give you the best chance of efficiently and successfully obtaining permanent resident status in the U.S.
Before you apply for your green card, contact LaFountain & Wollman P.C. today for an initial consultation to speak with an immigration lawyer in Watertown, MA. We’ll review your options for pursuing permanent residency in the U.S. and help you understand what to expect during the application process. With over 40 years of combined experience, our attorneys have advocated for the rights and interests of immigrants who come to the U.S. to pursue their goals and dreams. Reach out today to get started.