Legal Topics

07-Nov-2023

Aspiring Permanent Residents: Green Card Application FAQs

For many people around the world, the dream of becoming a permanent resident in the United States is a significant life goal. The path to achieving this goal often involves obtaining a green card, which grants you lawful permanent residency in the U.S. However, navigating the complex and often confusing green card application process can be challenging. In this blog post, we'll address some frequently asked questions (FAQs) about the green card application process to help aspiring permanent residents better understand the requirements and steps involved.

What is a Green Card, and Why is it Important?

A green card, officially known as a Permanent Resident Card, is a document that grants an individual permanent residency in the United States. It serves as evidence that the cardholder has the right to live and work in the U.S. indefinitely.

Green card holders enjoy many benefits, including access to employment opportunities, public education, and the ability to apply for U.S. citizenship after meeting certain requirements.

Who is Eligible for a Green Card?

There are several paths to obtaining a green card in the United States, and eligibility criteria vary depending on the category. Common pathways include family-sponsored petitions, employment-based petitions, refugee/asylee status, and the Diversity Visa Lottery program.

Additionally, individuals may be eligible for a green card through marriage to a U.S. citizen or through special immigrant categories.

How Do I Apply for a Green Card?

The specific application process depends on your eligibility category. In most cases, you need a sponsor, such as a family member or employer, to file a petition on your behalf. Once the petition is approved, you can then apply for a green card using the appropriate application form.

The required forms and documents may vary depending on your eligibility category, so it's essential to carefully review the USCIS (U.S. Citizenship and Immigration Services) website for specific instructions.

What is the Adjustment of Status Process?

If you are already in the United States on a nonimmigrant visa, you may be eligible to adjust your status to become a permanent resident. The adjustment of the status process allows eligible individuals to apply for a green card without leaving the country.

To initiate this process, you'll typically need a sponsor who files a petition on your behalf, and once the petition is approved, you can apply for adjustment of status.

How Does Consular Processing Work?

If you are outside the United States or not eligible for adjustment of status, you may go through consular processing. In this process, the U.S. Department of State's National Visa Center will provide instructions and schedule an appointment at a U.S. embassy or consulate in your home country.

You'll attend an interview to determine your eligibility for a green card. If approved, you will receive an immigrant visa, allowing you to enter the U.S. as a permanent resident.

How Long Does the Green Card Application Process Take?

The processing time for a green card application can vary significantly depending on the category, the applicant's country of origin, and other factors.

Some categories, such as immediate relatives of U.S. citizens, may have shorter processing times, while others may take several years. It's important to stay updated on processing times and USCIS announcements for your specific category.

Do I Need an Attorney to Apply for a Green Card?

While it is not required to have an attorney to apply for a green card, many applicants find it helpful to consult with an immigration attorney, especially if they have complex situations or face potential challenges.

An attorney can provide guidance, help with paperwork, and ensure that you meet all the requirements for your specific category.

Also read: ACHIEVING PERMANENT RESIDENCY: WHY GREEN CARD LAWYERS MATTER

What Are the Financial Requirements for a Green Card?

Certain green card categories require a financial sponsor who is responsible for ensuring the applicant will not become a public charge. For family-sponsored green cards, the sponsor (typically a U.S. citizen or permanent resident family member) will need to complete an Affidavit of Support (Form I-864) to demonstrate their financial ability to support the applicant.

Employment-based green cards may require a different financial process.

Can I Work in the U.S. While My Green Card Application Is Pending?

In most cases, green card applicants are eligible to apply for an Employment Authorization Document (EAD) as part of their application process. With an EAD, you can legally work in the United States while your green card application is pending.

The process and eligibility for obtaining an EAD may vary based on your specific category, so be sure to check the USCIS website for guidance.

What is a Conditional Green Card, and How Does it Differ from a Permanent Green Card?

In some cases, such as through marriage to a U.S. citizen, you may be granted a conditional green card. A conditional green card is valid for two years. To remove the conditions and obtain a permanent green card, you must apply to remove the conditions within the 90 days before the card expires.

This typically involves demonstrating that your marriage is genuine and continuing.

Can Green Card Holders Travel Outside the United States?

Yes, green card holders can travel outside the United States. However, there are some important considerations. Green card holders should not remain outside the U.S. for an extended period, typically no more than 6 months, to avoid potential issues with reentry.

If you plan to be abroad for an extended period, it's advisable to apply for a reentry permit to maintain your green card status.

Do Green Card Holders Have to Pay U.S. Taxes?

Yes, green card holders are generally required to pay U.S. federal income taxes on their worldwide income, just like U.S. citizens. It's important to understand your tax obligations and file the appropriate tax returns.

Consulting a tax professional with expertise in international taxation may be beneficial.

Can Green Card Holders Sponsor Family Members for Green Cards?

Green card holders can sponsor certain family members for green cards. However, the categories and relationships that a green card holder can sponsor are more limited compared to U.S. citizens.

For example, green card holders can sponsor their spouses and unmarried children.

Can Green Card Holders Apply for U.S. Citizenship?

Yes, green card holders can apply for U.S. citizenship, also known as naturalization. Generally, you are eligible to apply for citizenship after being a permanent resident for five years (or three years if married to a U.S. citizen), meeting specific residency requirements, and demonstrating good moral character.

The naturalization process includes an application, an interview, and a test on U.S. history and government.

What Happens if My Green Card Application is Denied?

If your green card application is denied, you have the right to appeal the decision or file a motion to reopen or reconsider, depending on the specific circumstances.

It's crucial to carefully review the denial notice and consult an immigration attorney if necessary to understand your options.

Conclusion

The journey to obtaining a green card and permanent residency in the United States can be challenging, but it is a goal that many individuals aspire to achieve. By understanding the application process, eligibility criteria, and common questions related to green cards, aspiring permanent residents can better navigate the complex and sometimes lengthy journey toward lawful permanent residency. Remember to stay updated with the latest information from USCIS, consult with an immigration attorney if needed, and be patient throughout the process. With diligence and determination, the dream of becoming a permanent resident in the United States can become a reality.