Immigration has been a major cause of population growth and cultural development throughout history. Many people relocate to other countries to flee persecution, reunite with loved ones, or seek better job opportunities. Still, this concept has been a contentious political topic in many nations, particularly developed countries with large immigrant populations.
In the US, immigration has been a major driver of cultural change and population growth. The country has welcomed millions of foreign nationals from across the globe. Green cards are a common way to acquire legal permanent residence in the US, as we discuss in this blog.
Understanding Permanent Residency
Permanent residency, sometimes known as a "green card" in the United States, represents an individual's lawful permanent presence in the country. It allows foreign nationals to work and stay in the country indefinitely. Permanent residency provides a stable and secure immigration status, unlike temporary visas with expiration dates and various restrictions.
Permanent residency allows immigrants to enjoy the following:
- Indefinite stay—this allows someone to live in the US indefinitely
- Work authorization—holders are normally able to work in the country without obtaining separate work visas
- Freedom of movement—permanent residents have the freedom to travel in and out of the country, taking advantage of international mobility
Who Qualifies for a Green Card?
Before being granted your green card, you should meet certain conditions. These include:
- Be 18 years old and above
- Own a legitimate passport
- Be in good health
- You should have a clean record
You don’t have to be in excellent physical shape, but you should be free of any major mental health concerns or medical problems that might prevent you from thriving in the US. Also, you should show that you have connections in the US, such as family, investment, or a job. You should also prove that you are financially stable and have a place to stay in the US.
Ways You Can Obtain A Green Card
There are several options for foreigners to obtain green cards. Most immigrants obtain green cards via companies or relatives who sponsor them for a visa to enter the United States. These options include the following:
Job Sponsorship
Businesses can sponsor foreign workers to travel to the United States on green cards as employees. The primary forms of employment sponsorships are as follows:
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LPR Through Self-Petition
Foreigners can also apply on their behalf to seek employment in the US on a green card. Foreign nationals who qualify for this include "aliens of extraordinary ability" through EB-1 visas and recipients of the National Interest Waiver.
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LPR Through Job Offers
In most cases, the US business must obtain a valid labor certificate and file Form I-140, also known as an Immigrant Petition for Alien Workers. Once the I-140 form is approved by the United States Citizenship and Immigration Services (USCIS), the foreign national will be provided information on how to proceed with their application.
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LPR Via Special Category Job Opportunities
Foreign nationals in "specialized" employment, such as religious workers and broadcasters, may be eligible to obtain green cards using an EB-4 visa.
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LPR Through Investments
Foreign entrepreneurs seeking to invest or fund a job-creating firm in the United States could obtain green cards using an EB-5 visa.
Sponsorship By Relatives
Green card owners or U.S. citizens can sponsor foreign relatives to enter the United States on green cards. The primary forms of relative sponsorships are as follows:
- An immediate relative who is a U.S. citizen includes unmarried minors under the age of 21, spouses, or parents of petitioning citizens
- Preference category for a family member who is a U.S. citizen includes unmarried minors over 21 years, siblings, and married children regardless of the citizen's age
- An immediate relative who holds a green card. This includes the petitioner's lawful permanent resident spouse or unmarried minors under the age of 21
Other options for obtaining permanent residence status include refugee status, asylum, and the diversity visa lottery.
The Application Process for Legal Permanent Residency
Normally, the initial stage for a foreigner is to obtain an immigrant visa. Secondly, they apply for green cards by utilizing Form I-485. The process of applying for a green card depends on whether the foreign national is in the US.
If a foreigner is outside the US, the green card application is referred to as "consular processing." On the other hand, if the foreign national lives in the US, applying for a green card is referred to as "adjustment of status." A consular processing often takes less time than the adjustment of status.
Furthermore, based on the circumstances, the foreign national will most likely be required to participate in an interview and provide fingerprints.
Steps for Obtaining a Green Card
Once your eligibility is determined, the following steps can be used to obtain a green card:
File Immigrant Petitions
The first step toward obtaining your green card is to submit an immigrant petition. This can be done by:
- A family member
- An employer
- Any other sponsor
Before proceeding to the next step, the petition should receive approval from the United States Citizenship and Immigration Services (USCIS).
File For A Permanent Residency Or An Adjustment Of Status
If you’re in the US, you can apply for the adjustment of status to swiftly obtain your green card. This is possible if:
- A family member holds a green card or is a citizen
- You’ve been granted refugee status or asylum
- You have been a survivor of serious offenses like domestic violence
- You possess a certain skill that’s in demand in the US
Biometric and Photo Appointment
Once your petition is accepted, your biometrics appointment will be booked. This is where you'll get your photo and fingerprints taken.
Interview
After your biometrics are taken, an immigration interview will be scheduled with a USCIS official. This interview will focus on your qualifications for a green card and your connections in the US.
Get A Green Card
If you’re formally authorized for a green card, you’ll receive it by mail. You will be welcomed in the US as a permanent resident.
Immigration Benefits Included In a Green Card
The benefits of obtaining a green card are listed below, especially when compared to the advantages of obtaining temporary visas or staying in the country illegally. These benefits can help you become self-sufficient, thus helping you avoid receiving public support.
These benefits include:
Automatic Ability To Work
Holders of green cards are able to secure employment with any company in the United States without having to request sponsorship from the employer or apply for a different work permit. Employers are required to abide by labor legislations and treat them equally with all other workers, without any form of discrimination.
Qualifications For Unemployment Benefits
You have the same right to unemployment benefits as any other worker if you’ve been employed and lost it due to circumstances beyond your control. This differs from "public benefits'' in that it is merely an insurance policy that an employer is required to contribute to, with different regulations in each jurisdiction, rather than a type of assistance from the government.
Automatic Admission To School, Including In-State Tuition
Green card holders do not require foreign student visas or any other special permissions to study at a U.S. institution or transfer between institutions. They may qualify for resident or in-state tuition rates, normally much less than what international students would pay, thus making education more affordable.
Rights Of Travel
Traveling with a green card gives you relatively easy access to both domestic and foreign countries. The exceptions could be if you were:
- Planning to leave the US for an extended period
- Be considered to have left your primary residence
- Committing a crime
- Engaging in any activity that would make you ineligible to return
Route To Obtaining Us Citizenship
After meeting certain requirements, such as residing in the US for a specific period and holding a green card, individuals with these documents can apply for naturalization. Being a US citizen provides more security and protection against deportation.
Normally, obtaining citizenship requires a minimum of five years. However, individuals married and cohabiting with U.S. citizens for that duration only need to wait three years to become eligible. There is no need to renounce your nationality at this time.
Able To Sponsor Loved Ones For a Green Card
A permanent resident can petition for a foreign-born unmarried child or partner. Having a green card naturally involves a number of responsibilities. For example, you could lose your legal permanent residence status if you:
- Break the law
- Fail to notify USCIS of a move or address change
- Commit a crime
- Engage in any other activity that falls under one of the categories listed under the Immigration and Nationality Act (I.N.A.)
Responsibilities of Owning a Green Card
Owning a green card comes with certain responsibilities. Green card holders, like U.S. citizens, must report income to the IRS and state tax authorities and file income tax returns.
Holders of green cards are required to abide by local, state, and federal laws in their areas of residence. Male recipients of green cards aged 18 to 25 are required to register for the Selective Service.
Holders of green cards are also required to always have a valid card on them. Failure to carry a valid green card may result in up to 30 days in jail. Like American citizens, a green card holder is prohibited from using unlawful methods to attempt to change the structure of government.
Additional Information About Green Cards
As permanent residents are not citizens of the United States, they do not have all the rights granted to citizens, even though they are still permitted to live and work in the country and take advantage of most of the same benefits.
Among the restrictions are:
- Voting rights are not granted to those who hold green cards
- Unlike U.S. citizens, holders of green cards do not place as much priority on sponsoring other family members for green cards
- The green cards are non-transferable, and children born outside of the US are not automatically granted citizenship
- A person with a green card cannot run for public office
- U.S. passports are not issued to holders of green cards
- Similar to a U.S. citizen renouncing their citizenship, green card holders who leave the country permanently after eight years or longer are subject to expatriation and exit taxes
- Green card holders are not guaranteed complete protection from deportation. However, if U.S. immigration law changes, holders of green cards could be shielded from deportation
- Green cards need to be renewed every ten years
FAQs About Legal Permanent Residency in California
The following are some of the frequently asked questions about legal permanent residence.
How Long Does the Application Process For a Green Card Take?
The time it takes to get a green card can vary depending on several factors. These can include the following:
- The type of green card you’re applying
- The accuracy of the information submitted in your initial application
- Your home country if you have a family member who is a lawful US citizen or has a green card
The process could take several months to a year or longer to complete.
What is the Waiting Period For Obtaining a Green Card?
Petitioning for an LPR status while on US soil, known as adjustment of status, typically takes a year or more. Petitioning for LPR status while overseas, known as consular processing, can take several days to up to six months.
How Much Does California Cost For A Green Card?
Depending on the kind of green card you're applying for and your unique situation, there may be different costs. However, the average cost of a family-based green card for an adult applicant residing in the US is $1,760. If you’re applying from outside the US, it will be slightly less expensive.
How Much Time Does It Take in California to Obtain Your Green Card?
It may take up to ninety days to get your official green card after it is approved. Depending on your unique situation and the number of green cards being granted at the time of your application, this period may be shorter or longer. You will receive a travel document and temporary work permit while you wait, in case you need to leave the US to complete the process or confirm your status with your employer.
How Can I Prepare A Solid Green Card Application?
All necessary supporting documents to prove your green card eligibility should be included in a strong application. This includes documentation proving your personal identity and your connection to a US relative or an employer. Also, you should organize all your paperwork and be well-prepared for the USCIS officer interview. You can ensure your application is well prepared and will not be denied or delayed by working with a green card and visa attorney.
What Is The Duration Of Validity For Green Cards?
The requirement for renewal of a green card after ten (10) years varies based on the particular circumstances of the individual. However, many green card holders will be eligible to become United States citizens long before then. Green card holders risk losing their lawful permanent resident status if they are convicted of crimes that can lead to deportation.
Can I File More Than One I-140 Petition?
You can file more than one I-140 immigrant petition with USCIS. Applying for permanent residency is an expensive and time-consuming process. For each immigration petition, a new filing and legal fees are required.
What Happens If I Want To Spend More Than One Year Abroad As A Legal Permanent Resident (LPR)?
You can use Form I-131 to apply for a re-entry permit if you plan to stay out of the country for more than a year. During the permit period, this allows a permanent or conditional permanent resident to request entry into the United States.
It will indicate your intention to reside in the United States permanently. However, it does not guarantee entry into the country upon your return. You should first be considered admissible in the US.
If I Have A Criminal Record In California, Can I Still Obtain A Green Card?
It varies. Even after being found guilty of infractions, non-citizens should remain eligible for LPR status. Infractions that fall under this category include speeding tickets and trespassing in California. If foreign nationals are found guilty of more serious offenses, they may lose their LPR status and face deportation.
These offenses include the following:
- Moral turpitude crimes
- Drug-related crimes
- Gun crimes
- Domestic battery offenses
Note that even if a foreign national's criminal record is expunged, they could still not be eligible for a green card.
Find a Legal Permanent Residency Attorney Near Me
Obtaining a green card legally can be a challenging and lengthy process. Therefore, if you need help with your green card application, contact a qualified immigration attorney. He or she can assist you throughout the application process. At California Immigration Attorney, we have helped many clients obtain their green cards. Call us now at 424-789-8809 to speak with one of our attorneys.