Last Updated on December 9, 2024 by Linda Lee
Obtaining a green card is a significant milestone for many individuals aspiring to live and work permanently in the United States. This guide provides an overview of the green card process, different eligibility categories, costs, and key considerations for applicants.
What is a Green Card?
A green card, officially known as a Permanent Resident Card, allows an individual to live and work permanently in the U.S. Green card holders enjoy many benefits, including the ability to apply for citizenship after meeting residency requirements. Additionally, having a green card provides access to certain legal protections and social benefits available in the United States.
Why Get a Green Card?
Obtaining a green card is a crucial step for many immigrants seeking to establish stability in the U.S. It provides:
- Work and Residency Rights: Green card holders can legally work for most employers and reside anywhere in the U.S.
- Pathway to Citizenship: After maintaining permanent residency for a certain number of years (typically 5 years or 3 years for spouses of U.S. citizens), you may become eligible to apply for naturalization.
- Sponsorship Opportunities: Green card holders can sponsor certain family members for immigration.
Common Green Card Categories
1. Family-Based Green Cards
Family-based green cards are available to close relatives of U.S. citizens or lawful permanent residents. Popular subcategories include:
- Marriage Green Card: For spouses of U.S. citizens or green card holders. This is one of the most common pathways to obtaining permanent residency.
- Green Card for Parents of U.S. Citizens: U.S. citizens aged 21 or older can sponsor their parents for a green card.
- Child Visa: Designed for children of U.S. citizens or green card holders, including adopted children.
2. Employment-Based Green Cards
Employment-based green cards are designed for individuals who have specific job skills, experience, or educational backgrounds. These are divided into five preference categories:
- EB-1: For individuals with extraordinary ability in sciences, arts, education, business, or athletics; outstanding professors or researchers; or multinational executives and managers.
- EB-2: For professionals with advanced degrees or exceptional ability in their field. This category may also include National Interest Waivers (NIW) for those whose work benefits the U.S. as a whole.
- EB-3: For skilled workers, professionals, and unskilled workers (other workers).
- EB-4: For “special immigrants,” including religious workers, certain broadcasters, and employees of international organizations.
- EB-5: For investors who invest a significant amount of capital (usually $800,000 to $1,050,000 depending on the location) in a new commercial enterprise that creates jobs for U.S. workers.
These green cards are often linked to temporary work visas, such as the H-1B Visa, but applicants do not necessarily need to hold a visa before applying for an employment-based green card. Employers typically sponsor the application and file Form I-140 (Immigrant Petition for Alien Worker) on behalf of the employee. In some cases, individuals can self-petition, such as those eligible for an EB-1 or EB-2 National Interest Waiver.
We’ve created the H-1B visa to green card guide for more information.
3. Fiancé(e) Visa to Green Card
Individuals entering the U.S. on a K-1 Visa (Fiancé(e) Visa) can apply for a green card after marriage to their sponsoring U.S. citizen partner.
How to Get a Green Card
1. Determine Eligibility
Review the eligibility criteria for the specific green card category that applies to you, such as a marriage green card, employment-based green card, or family sponsorship. Please consult with our immigration attorney to confirm your eligibility and avoid errors in your application.
2. File the Appropriate Petition
- Family-Based Green Cards: File Form I-130 (Petition for Alien Relative). This establishes the relationship between the petitioner and beneficiary.
- Employment-Based Green Cards: The employer typically files Form I-140 (Immigrant Petition for Alien Worker).
3. Complete Form I-485 (Adjustment of Status)
If you are in the U.S., you may file Form I-485 to adjust your status to that of a permanent resident. If you are outside the U.S., you will undergo consular processing, where your application is reviewed at a U.S. embassy or consulate in your home country.
4. Attend the Biometrics Appointment
USCIS will collect your fingerprints, photograph, and signature for a background check.
5. Attend the Green Card Interview
Interviews are common for family-based and certain other green card categories. Be prepared to provide evidence supporting your application, such as proof of a bona fide marriage for a marriage green card or employment contracts for employment-based applications.
6. Receive Your Green Card
Once approved, you will receive your green card in the mail. The card is typically valid for 10 years, though conditional green cards (e.g., based on a marriage of less than two years) are valid for two years.
Green Card Costs
The total cost of obtaining a green card varies based on the application type and whether you are applying from within or outside the U.S. Please refer to the USCIS fee calculator to review up-to-date filing fee information.
Green Card vs. Visa
While both a green card and a visa allow individuals to enter and stay in the U.S., they serve different purposes and have distinct benefits:
1. Duration of Stay
- Green Card: Grants permanent residency, allowing you to live and work in the U.S. indefinitely, provided you maintain your residency requirements.
- Visa: Typically grants temporary permission to enter and stay in the U.S. for a specific purpose (e.g., work, study, or tourism) and duration. Examples include the H-1B Visa for specialized workers and the K-1 Visa for fiancé(e)s.
2. Work Authorization
- Green Card: Allows unrestricted employment in the U.S. for most jobs.
- Visa: Employment rights depend on the visa type. For example, an H-1B Visa permits work only for the sponsoring employer.
3. Pathway to Citizenship
- Green Card: Provides a direct pathway to citizenship after meeting residency requirements (usually 3-5 years).
- Visa: Does not typically lead to citizenship unless it transitions into a green card, such as an H-1B Visa holder applying for permanent residency.
4. Family Sponsorship
- Green Card: Holders can sponsor certain family members for immigration.
- Visa: Holders generally cannot sponsor family members unless they transition to green card status.
5. Renewal and Maintenance
- Green Card: Must be renewed every 10 years (2 years for conditional green cards).
- Visa: Duration depends on the visa type and may require extensions or renewals.
6. Cost and Application Process
- Green Card: Involves higher upfront costs and a more complex application process but provides long-term benefits.
- Visa: Costs vary widely based on visa type but are generally lower than green card application costs.
Understanding the differences between a green card and a visa can help you determine the best option for your needs and long-term plans.
Important Considerations
- Processing Times: Vary depending on the green card category and applicant’s country of origin. For example, family-based applications sometimes have longer processing times than employment-based ones.
- Work Authorization: Applicants can apply for a work permit (Form I-765) while their green card is pending.
- Maintaining Permanent Residency: Green card holders must avoid prolonged absences from the U.S. and comply with tax obligations to maintain their status. Failure to do so can result in loss of permanent residency.
How We Can Help
Navigating the green card process can be complex and overwhelming. Whether you’re applying for a marriage green card, transitioning from an H-1B visa, or sponsoring a parent, our experienced immigration attorneys are here to guide you every step of the way.
Contact us today to schedule a consultation and take the first step toward achieving your immigration goals at (213) 375-4084 or by filling out our contact form.
