Residence or Green Card

The Green Card or Permanent Resident Card is an official document issued by the U.S. Citizenship and Immigration Services (USCIS) that grants foreign nationals the legal right to live and work permanently in the United States.

It is a fundamental step for those seeking immigration stability and, eventually, U.S. citizenship.

Benefits of the Green Card

Legal permanent residence: Allows you to live and work in the U.S. without time restrictions.

Access to public benefits: Possibility of accessing certain medical assistance, educational programs, and other government benefits.

Legal protection: Right to legal protections under U.S. law.

Family reunification: Ability to apply for permanent residence for certain family members.

Path to Citizenship: Eligibility to apply for naturalization after meeting residency requirements.

Ease of travel: Possibility of entering and leaving the U.S., although with certain restrictions and re-entry requirements.

General Requirements to Obtain a Green Card

Green card eligibility depends on the category under which you apply. The main categories include:

1. Family members of citizens or permanent residents:

Spouses, unmarried children under 21 years of age, and parents of U.S. citizens.

Other family members may qualify under preferential categories with varying wait times.

2. Employment:

Workers with extraordinary skills, professionals with advanced degrees, investors, and other specialized workers.

3. Refugees and asylum seekers:

People who have been admitted to the U.S. as refugees or asylees can apply for permanent residency after one year of physical presence in the country.

4. Diversity Visa Program (Visa Lottery):

People from countries with low rates of immigration to the U.S. may be randomly selected to apply for permanent residence.

5. Other special categories:

They include victims of human trafficking, domestic violence, certain religious workers, among others.

Application Process

1. Determine eligibility: Identify the appropriate category and meet specific requirements.

2. File a petition:

Form I-130 for family petitions.

Form I-140 for employment-based petitions.

3. Wait for visa availability: Applicable in categories with annual limits.

4. Adjustment of status or consular processing:

Form I-485 if the applicant is in the U.S.

Consular processing at an embassy or consulate if you are outside the country.

5. Biometric appointment and interview: Provide fingerprints, photographs, and attend an interview.

6. Final decision: USCIS will notify you of the approval or denial of the application.

Associated Costs

Form I-130: $535 (family petition).

Form I-140: : $700 (job application).

Form I-485: $1,140 (adjustment of status), plus $85 for biometric services.

Consular fees: They vary depending on the country and type of visa.

Note: Fees are subject to change; it’s recommended to check the official USCIS website for up-to-date information.

Important Considerations

Continuous residence: Avoid prolonged absences from the U.S. to avoid jeopardizing your permanent resident status.

Renewal: : The Green Card must be renewed every 10 years.

Legal obligations: Comply with federal, state, and local laws, including filing tax returns.

Carry the card: Permanent residents over the age of 18 must carry their valid Green Card with them at all times.

Frequently Asked Questions (FAQs)

How long does it take to get a Green Card?

The time varies by category. For example:
—> Immediate relatives of U.S. citizens can wait between 8 months and 1 year.
—> In other categories (such as sibling or employment-based visas), the process can take several years.

Can I work legally with a Green Card?

Yes. The Green Card allows you to work legally and permanently anywhere in the United States.

Can I lose my Green Card?

Yes. You can lose it if:
—> You commit certain crimes.
—> You leave the U.S. for an extended period without re-entry permission.
—> You commit immigration fraud.

Can I travel outside the U.S. with a Green Card?

Yes, but if you’re away for more than six months at a time, you could have problems returning. For longer trips, it’s recommended to apply for a Reentry Permit.

Do minor children automatically receive a Green Card?

Not necessarily. They must be included in the application or have their own petition, depending on the parents’ immigration status.

How much does it cost to get a Green Card?

Costs depend on the type of procedure. For example:
—> Adjustment of Status (Form I-485): $1,140 + $85 (biometrics).
—> Family Petition (I-130): $535 (in addition, there may be consular fees, medical examinations and other additional expenses).

Can I apply for citizenship after having a Green Card?

Yes. In general:
—> After 5 years of continuous permanent residence.
—> Or after 3 years, if you are married to a US citizen.

Can I include my partner or children in the application?

In many categories, yes. For example, a permanent resident can apply for a green card for their:
—> Spouse.
—> Unmarried children under 21 years of age.

Statement: The concepts explained should not be taken as legal advice, it is a compendium of public information from the INA.

In all cases, consultation with an attorney is recommended to determine your eligibility. At Immigration Document Preparers, we limit ourselves to submitting forms to USCIS correctly based on the information that the client provides us. We do not give advice or legal advice.