Get Green Card

A United States Permanent Resident Card, also green card, is an identification card attesting the permanent resident status of an alien in the United States of America. Green card also refers to an immigration process of becoming a permanent resident. The green card serves as a proof that its holder, a Lawful Permanent Resident (LPR), has been officially granted immigration benefits, which include permission to conditionally reside and take employment in the USA. The holder must maintain his permanent resident status, and can be removed if certain conditions of such status are not met.

Green cards were formerly issued by the Immigration and Naturalization Service (INS). That agency has been absorbed into and replaced by the Bureau of Citizenship and Immigration Services (BCIS), part of the Department of Homeland Security (DHS). Shortly after re-organization BCIS was re-named to U.S. Citizenship and Immigration Services (USCIS).

An alien with a green card application can obtain two important permits while the case is pending. The first is a temporary work permit known as the Employment Authorization Document (EAD), which allows the alien to take employment in the United States. The second is a temporary travel document, advance parole, which allows the alien to re-enter the United States. Both permits confer benefits that are independent of any existing status granted to the alien. For example, the alien might already have permission to work in the US under an H1-B visa.

Appearance

The official name of the card is Permanent Resident Card (form I-551). The name "green card" comes from the fact that the predecessor, Alien Registration Receipt Card (form I-151) introduced at the end of World War II, was printed on green paper.[1] Form I-551 was adopted in 1977 and has been printed on paper of various colors, none of which were green, but the term "green card" has nonetheless remained in use. As of January 2008, the card is mostly yellowish-white and the only prominent green feature is the background of the lettering on the back. A card includes the holder's name and photograph, and other information, and has been updated over the years with numerous anti-counterfeiting devices.

Reading a Permanent Resident Card

Most of the information on the card is self-evident. The computer and human readable signature at the bottom is not. The format is (digit range: expected data (information contained):

First line:
1-2: not documented, assumed to be location of the receipt
3-4: US (issuing country, United States)
5: A (letter "A" stands for "alien", it precedes the actual alien number)
6-14: 9-digit number (A#, alien number)
15: not documented, assumed to be a check-number
16-30: immigrant case number that resulted in the approved green card. The "<" symbol represents a blank space

Second line:
1-6: birth date (in YYMMDD format)
7: not documented, assumed to be a check digit
8: not documented, assumed to be sex
9-14: expiration date (in YYMMDD format)
15: not documented, assumed to be a check digit
16-29: country of birth
30: not documented, assumed to be a check digit

Third line:
last name, first name, middle name, first initial of father, first initial of mother (this line is spaced with "<<" between the name and first name). Depending of the length of said name, father and mother's initials may be omited.

Path to US citizenship

A Lawful Permanent Resident can apply for United States citizenship after 5 years of being in the permanent resident status through the process of naturalization (or after only 3 years if married to a US citizen). Citizens are entitled to more rights (and obligations) than permanent residents (who are still classified as aliens in this respect). Some of the rights include: the right to vote; the right to be elected in federal and state elections; the ability to bring family members to the US; and eligibility for federal government jobs. The primary obligation is jury duty, since permanent residents are subject to the Selective Service System and pay taxes on their worldwide income, like US citizens. Other citizenship benefits include no visa requirement for several countries in the world. Certain conditions that may put a permanent resident in the deportation proceedings do not apply to US citizens.

Types of immigration

US immigration legislation in the Immigration and Nationality Act (INA) stipulates that an alien may obtain permanent resident status only through the course of the following proceedings: immigration through a family member

immigration through employment

immigration through investment

immigration through the Diversity Lottery

immigration through "The Registry" provisions of the Immigration and Nationality Act

Application process

An immigrant usually has to go through a three-step process to get the green card, which entitles him/her to live and work permanently in the United States (subject to certain rules and conditions). The whole process may take several years depending on the type of immigrant category and the country of birth.

Immigrant Petition — in the first step, USCIS approves the immigrant petition by a qualifying relative, an employer, or in rare cases, such as with an investor visa, the applicant himself. If a sibling is applying, she or he must have the same parents as the applicant.

Immigrant Visa Availability — in the second step, unless the applicant is an "immediate relative", an immigrant visa number through the National Visa Center (NVC) of the United States Department of State (DOS) must be available. A visa number might not be immediately available even if the USCIS approves the petition, because the amount of immigrant visa numbers is limited every year by quotas set in the Immigration and Nationality Act (INA).

There are also certain additional limitations by country of birth. Thus, most immigrants will be placed on lengthy waiting lists. Those immigrants who are immediate relatives of a US citizen (spouses and children under 21 years of age, and parents of a US citizen who is 21 years of age or older) are not subject to these quotas and may proceed to the next step immediately (since they qualify for the IR immigrant category).

Immigrant Visa Adjudication — in the third step, if an immigrant visa number becomes available the applicant must either apply with USCIS to adjust their current status to permanent resident status or apply with DOS for immigrant visa at the nearest US consulate before being allowed to come to the USA.

Adjustment of Status (AOS) — Adjustment of status is submitted to USCIS via form I-485, Application to Register Permanent Residence or Adjust　Status. The USCIS conducts a series of background checks (including fingerprinting for FBI criminal background check and name checks) and makes a decision on the application. Once the adjustment of status application was accepted, the alien is allowed to stay in the United States even the original period of authorized stay on the Form I-94 is expired, but not allowed to leave the country until the application was approved or rejected. If the alien has to leave the United States during this time, he/she can apply for travel documents at the USCIS with form I-131, also called Advance　Parole.If there is the potential risk that the applicants work permit (visa) expires or becomes invalid (laid off by the employer and visa sponsor) or the applicant wants to start working in the United States, while he/she is waiting for the decision about his/her application to change status, he/she can file form I-765, to get Employment Authorization Documents (also called EAD) and be able to continue or start working legally in the United States. In some cases, the applicant will be interviewed at a USCIS office. If the application is approved, the alien becomes an LPR, and the actual green card is mailed to the alien's last known mailing address.

Consular Processing — this is an alternative to AOS, but still requires the immigrant visa petition to be completed. If the beneficiary is outside of the USA or chooses this instead of AOS, he/she may make an appointment at the US consulate in his/her home country, where a consular officer adjudicates the case. If the case is approved, an immigrant visa will be issued. The beneficiary may enter to the United States with the immigrant visa. At the port of entry into the US, the beneficiary will be processed for a permanent resident card and get an I-551 stamp (Form I-551, "Temporarily Green Card") in his/her passport. The permanent resident card will be mailed to his/her US address within several weeks.

Application process for family-sponsored visa

Green card holders and nuclear families

Green card holders married to non-US Citizens are unable to legally bring their spouses (or families) to join them in the USA. The foreign spouse of a green card holder must wait for approval of an 'immigrant visa' from the State Department before entering the United States. Due to a backlog in processing, such visas can take up to five years to be approved. In the interim, due to immigration intent, the spouse cannot enter the United States on any other visas not even as a visitor. This puts LPRs in a uniquely disadvantaged situation:
visitors and non-immigrants coming to the USA on temporary visas for work, business, or study (including H1, L1, B, and F1 visas) can sponsor their dependent spouses to travel with them;
US citizens can sponsor their spouses to come to the USA in non-immigrant status; the spouse can then convert to an immigrant status under the Legal Immigration and Family Equity Act of 2000 (the "LIFE Act").
The issue of LPRs separated from their families for years is not a new problem. A mechanism to unite families of LPRs was created by the LIFE Act by the introduction of a 'V visa,' signed into law by President Bush. It effectively expired and is no longer available. Bills HR1823 and HR4448 are in the US Congress. The proposal for reviving the V visa is based on something that has little controversy — family unity — but passing such a bill into law is not a small matter.

Application process for employment-based visa
Many immigrants opt for this route, which requires an employer to "sponsor" (i.e. to petition before USCIS) the immigrant (known as the alien beneficiary) through a presumed future job. The three-step process outlined above is described here in more detail for employment-based immigration applications. After the process is complete, the alien is expected to take the certified job offered by the employer to substantiate his or her immigrant status, since the application ultimately rests on the alien's employment with that company in that particular position.
Immigrant Petition - the first step includes pre-requisite labor certification upon which the actual petition will reside.

Labor Certification — the employer must legally "prove" that it has a need to hire an alien for a specific position and that there is no minimally qualified US citizen or LPR available to fill that position, hence the reason for hiring the alien. Some of the requirements to prove this situation include: proof of advertising for the specific position; skill requirements particular to the job; verification of the prevailing wage for a position; and the employer's ability to pay. As of March 28, 2005, this is done through an electronic system known as PERM. The date when the labor certification application is filed becomes the applicant's priority date. In some cases, for highly skilled foreign nationals (EB1 and EB2 National Interest Waiver, e.g. researchers, athletes, artists or business executives) and "Schedule A" labor (nurses and physical therapists), this step is waived. This step is processed by the United States Department of Labor (DOL).

Immigrant Petition — the employer applies on the alien's behalf to obtain a visa number. The application is form I-140, Immigrant Petition for Alien Worker, and it is processed by the USCIS. There are several EB (employment-based) immigrant categories under which the alien may apply, with progressively stricter requirements, but often shorter waiting times. Many of the applications are processed under the EB3 category. Currently, this process takes up to 6 months. Many of the EB categories allow expedited processing of this stage, known as "premium processing".

Immigrant Visa Availability. When the immigrant petition is approved by the USCIS, the petition is forwarded to the NVC for visa allocation. Currently this step centers around the priority date concept.

Priority date — the visa becomes available when the applicant's priority date is earlier than the cutoff date announced on the DOS's Visa Bulletin or when the immigrant visa category the applicant is assigned to is announced as "current". A "current" designation indicates that visa numbers are available to all applicants in the corresponding immigrant category. Petitions with priority dates earlier than the cutoff date are expected to have visas available, therefore those applicants are eligible for final adjudication. When the NVC determines that a visa number could be available for a particular immigrant petition, a visa is tentatively allocated to the applicant. The NVC will send a letter stating that the applicant may be eligible for adjustment of status, and requiring the applicant to choose either to adjust status with the USCIS directly, or apply at the US consulate abroad. This waiting process determines when the applicant can expect the immigration case to be adjudicated. Due to quotas imposed on EB visa categories, there are more approved immigrant petitions than visas available under INA. High demand for visas has created a backlog of approved but unadjudicated cases. In addition, due to processing inefficiencies throughout DOS and USCIS systems, not all visas available under the quota system in a given year were allocated to applicants by the DOS. Since there is no quota carry-over to the next fiscal year, for several years visa quotas have not been fully used, thus adding to the visa backlog.

Immigrant Visa Adjudication. When the NVC determines that an immigrant visa is available, the case can be adjudicated. If the alien is already in the USA, that alien has a choice to finalize the green card process via adjustment of status in the USA, or via consular processing abroad. If the alien is outside of the USA he/she can only apply for an immigrant visa at the US consulate. The USCIS does not allow an alien to pursue consular processing and AOS simultaneously. Prior to filing the form I-485 (Adjustment of Status) it is required that the applicant have a medical examination performed by a USCIS approved civil surgeon. In addition to the general health examination, which also includes a blood test, are required immunisations done, if missing, unless the applicant provides proof that the required immunisations were already done elsewhere. The civil surgeon will hand the applicant a sealed envelope that contains a filled out form I-693, which has to be included (unopened) with the I-485 application.

Adjustment of Status (AOS) — after the alien has a labor certification and has been provisionally allocated a visa number, the final step is to change his or her status to permanent residency. Adjustment of status is submitted to USCIS via form I-485, Application to Register Permanent Residence or Adjust Status. If an immigrant visa number is available, the USCIS will allow "concurrent filing": it will accept forms I-140 and I-485 submitted in the same package or will accept form I-485 even before the approval of the I-140.

Consular Processing — this is an alternative to AOS, but still requires the immigrant visa petition to be completed. In the past (pre-2005), this process was somewhat faster than applying for AOS, so was sometimes used to circumvent long backlogs (of over 2 years in some cases). However, due to recent efficiency improvements by the USCIS, it is not clear whether applying via consular processing is faster than the regular AOS process. Consular processing is also thought to be riskier since there is no or very little recourse for appeal if the officer denies the application.

Recent developments

After a significant forward movement in the cutoff priority dates was announced on the June 2007 Visa Bulletin, the July 2007 Visa Bulletin has seen another unprecedented jump — after years of backlog stagnation, all of the EB preference categories became current (except Other Workers). After the DOS issued a revised July Visa Bulletin on July 2 (which set all priority dates as unavailable) and later nullified it, the USCIS clarified via USCIS Update on July 17, 2007 that the USCIS will keep the applications filed and will re-open filings for a 31-day period from July 18 through August 17, 2007, in order to provide the same filing window to applicants who would have had been eligible to file if the July 2 actions had not taken place. Applicants will be able to pay I-485 form filing fees according to the July fee schedule during the entire window period.

In May 2006, the United States Senate passed the "Comprehensive Immigration Reform Act of 2006", which would have substantially increased the available numbers of Green Cards and relieved many applicants, who are currently "stuck" and waiting for the ability to file the Adjustment of Status application, due to the backlog created by the Department of Labor (DOL) in the past, which was resolved by the introduction of the PERM process in early 2005. The House of Representatives, however, refused to pass any legislation pertaining to legal immigration issues before attempting to solve the problems of illegal immigration.

New fee schedule

Effective August 1, but technically only starting on August 18, 2007, the USCIS now assesses new rates for filing adjustment of status. The previous cost was a $325 base fee plus a $70 biometrics fee (for applicants between 14 and 79 years of age) to file form I-485. The new cost is $930 plus an $80 biometrics fee. However, this new fee is a "package fee": the initial filings of form I-765, Application for Employment Authorization, and form I-131, Application for Travel Document, are free (whereas the previous costs were $180 and $170 respectively)

Green card lottery

Main article: Diversity Immigrant Visa
Each year, around 50,000 immigrant visas are made available through the Diversity Visa (DV) program, also known as the Green Card Lottery to people who were born in countries with low rates of immigration to the United States (fewer than 50,000 immigrants in the past five years). Applicants can only qualify by country of birth, not by citizenship. Anyone who is selected under this lottery will be given the opportunity to apply for permanent residence. They can also file for their spouse and any unmarried children under the age of 21.

If permanent residence is granted, the winner (and his/her family, if applicable) receive an immigrant visa in their passport(s) that has to be "activated" within six months of issuance at any port of entry to the United States. The new immigrant receives a stamp on the visa as proof of lawful admittance to the United States, and the individual is now authorized to live and work permanently in the US. Finally, the actual "green card" typically arrives by mail within a few

Green card lottery scam

There is a growing number of fraudulent green card lottery scams, in which agents take money from applicants by submitting application forms for them, usually for a fee between US$50 to US$250. Some claim that they can increase the chance of winning the lottery. This is not true — in fact, they may delay or not submit the application. Likewise, some claim that they provide free airline tickets to winners or other benefits, such as submissions in future years and even cash funds. There is no way to guarantee their claims, and there are ample reasons for them not to fulfill their promises.

Both the Department of State and the Federal Trade Commission have issued warning statements about this type of fraud or similar business practices.
Recent developments

Over 6.4 million applications for the 2008 Diversity Visa Lottery were submitted. This is an increase from the more than 5.5 million applications submitted in the 2007 Diversity Visa Lottery. Taking into account dependents, there are more than 10 million participants in the 2008 Diversity Visa Lottery. Most of the applications were from Africa and Asia with 41 percent of the total from Africa, 38 percent from Asia, 19 percent coming from Europe, and 2 percent coming from South America, Central America, and the Caribbean. The largest number of applicants came from Bangladesh (more than 1.7 million applicants) followed by Nigeria (684,735) and Ukraine (619,584).


Conditional permanent residence

As part of immigration reform under the Immigration Reform and Control Act of 1986 (IRCA), as well as further reform enacted in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), persons who are eligible and properly apply for permanent residence based on either a recent marriage to a US citizen or as an investor are granted permanent residence on a conditional basis for two years. An exception to this rule is the case of a US citizen legally sponsoring a spouse in which the marriage at the time of the adjustment of status (I-485) is more than two years old. In this case, the conditional status is waived and a 10-year Permanent Resident Card is issued upon USCIS approval of the case. A permanent resident under the conditional clause may receive an I-551 stamp as well as a Permanent Resident Card. The expiration date of the conditional period is two years from the approval date. The immigrant visa category is CR (conditional resident).

When this 2-year conditional period is over, the permanent residence automatically expires and the applicant is subject to deportation and removal. To avoid this, 90 days or less before the conditional residence expires, the applicant has to file form I-751 Petition to Remove Conditions on Residence (if conditional permanent residence was obtained through marriage) or form I-829 Petition by Entrepreneur to Remove Conditions[(if conditional permanent residence was obtained through investment) with USCIS to have the conditions removed. Once the application is received, permanent residence is extended for 1-year intervals until the request to remove conditions is approved or denied. The USCIS requires that the application provide both general and specific supporting evidence that the basis on which the applicant obtained conditional permanent residence was not fraudulent. For an application based on marriage, birth certificates of children, joint financial statements, and letters from employers, friends and relatives are some types of evidence that are accepted. A follow-up interview with an immigration inspector is sometimes required but usually waived if the evidence is sufficient. This is to ensure that the marriage was in good faith and not one of fraudulent means with a sole intention of obtaining a green card. Both husband and wife must attend both interviews under most circumstances. The applicant receives an I-551 stamp in their foreign passport upon approval of their case. The applicant is then free from the conditional requirement once the application is approved. The applicant's new Permanent Resident Card arrives via mail to their residence several weeks to several months later and replaces the old 2-year conditional residence card. This new card must be renewed after 10 years, however permanent resident status is now granted for an indefinite term provided that residence conditions are satisfied at all times. USCIS may request to renew the card earlier due to security enhancements of the card or as a part of a revalidation campaign to exclude counterfeit green cards from circulation.

It is important to note that this 2-year conditional residence period counts towards time as a permanent resident for all purposes including naturalization. However, the application for the removal of conditions must be adjudicated before naturalization can be granted to the applicant.

Maintaining permanent resident status

The card must be in the possession of the US permanent resident at all times. This means that the permanent resident must have a currently valid card on the person at all times and be able to show it to a USCIS officer, if requested. Though aliens with permanent resident status are required to carry these identification cards, American citizens are not required to carry any citizenship identification. Before September 11, 2001, while status was checked when the permanent resident returned from foreign travel, the requirement to carry the green card was practically never enforced when the resident traveled domestically. After that, officials from the United States Department of State began occasionally asking people if they were US citizens or not, and in the latter case require that the person present their Permanent Resident Card or other proof of legal status.

Under certain conditions, permanent residence status can be lost. This includes committing a criminal act that makes a person removable from the United States. A person might also be found to have abandoned their status if he or she moves to another country to live there permanently, stays outside the USA for more than 365 days (without getting a re-entry permit before leaving), or does not file an income tax return. Permanent resident status can also be lost if it is found that the application or grounds for obtaining permanent residence was fraudulent. The failure to renew the permanent resident card does not result in the loss of status, except in the case of conditional permanent residents as noted above.

A person who loses permanent residence status is immediately removable from the United States and must leave the country as soon as possible or face deportation and removal. In some cases the person may be banned from entering the country for 3 or 7 years, or even permanently.