What a Green Card Actually Gives You
The green card allows one to become a lawful permanent resident of the United States of America. In simpler terms, a person does not depend on anything except the green card and enjoys living in the country without being subject to an employment or temporary visa condition. The following are the privileges that come with having a green card:- Residence anywhere within the United States.
- Work for virtually any employer or establish a business.
- Education and qualification for certain in-state tuition privileges in some states.
- International travel as well as re-entry into the U.S.
- Future sponsorship of certain relatives.
- Eligibility for naturalization to become a citizen of the United States.
Main Ways to Get a Green Card
There is no such thing as a "green card application." There needs to be a qualifying basis first and foremost. The most common ways to do this include family-based, employment-based, DV lottery, refugee/asylum-based, and EB-5 investment immigration.
| Path | Best for | Key point |
|---|---|---|
| Family-based | Close relatives of U.S. citizens or green card holders | Wait times vary widely by relationship |
| Employment-based | Workers with a U.S. job offer or exceptional achievements | Often requires employer sponsorship |
| Diversity Visa | Natives of eligible countries with low U.S. immigration rates | Free annual lottery; selection is random |
| Refugee or asylee status | People fleeing persecution | Usually eligible to apply one year after status |
| EB-5 investment | Investors able to fund a qualifying U.S. business | Requires substantial capital and job creation |
Family-Based Green Card
Family sponsorship still constitutes the major form of immigration. There are certain relatives whom a U.S. citizen or a lawful permanent resident can sponsor. The category of family members is crucial here. Immediate relatives of U.S. citizens (spouses, unmarried children under 21 years old and parents of U.S. citizens who are at least 21 years old) do not have to be subject to annual numerical limitations. Siblings of U.S. citizens, married children of U.S. citizens, spouses and unmarried children of green card holders belong to other categories of family preference immigrants with annual limitations and a long waiting period. The basic procedure is as follows:- The sponsor files Form I-130, Petition for Alien Relative.
- Form I-130 is reviewed by USCIS which makes the decision on the approval or rejection.
- Then the applicant files Form I-485 or goes through consular processing outside the United States.
- The financial sponsor fills out Form I-864, Affidavit of Support.
- The applicant goes through biometrics, background check and usually an interview.
Employment-Based Green Card
Employment-based green cards offer a great way out for applicants who have specific skills, graduate degrees, accomplishments in their profession, and employers in the U.S. who are ready to sponsor them. Main categories include EB-1, EB-2, and EB-3.- EB-1 includes aliens with extraordinary abilities, outstanding researchers and professors, and certain multinational managers/executives.
- EB-2 is usually for people holding advanced degrees or showing exceptional ability; the majority of cases involve labor certification and a job offer.
- EB-3 includes skilled workers, professionals, and certain other workers.
Diversity Visa Lottery
The Diversity Visa Lottery Program, popularly known as the green card lottery program, is an initiative conducted by the U.S. Department of State. The program provides a limited number of immigrant visas annually to individuals hailing from countries with low immigrant populations in the United States. It is a free process, and participants should enter their applications within the registration period. In general, an individual seeking to participate in the lottery should have been born in one of the eligible countries and have either a high school diploma or the equivalence or at least two years of qualifying work experience. There are a few tricks you may want to consider to ensure that you do not make costly errors.- Enter the program only through the official State Department website.
- Do not allow anyone to charge you for a “certified” lottery application.
- Make sure that you save the confirmation number after submission of the application form.
- Note that even if you are picked, you do not automatically get the visa.
Refugee and Asylee Green Cards
Refugees and asylum seekers have the ability to apply for their green cards when they have had physical presence in the US for one year from their admission into this category. This process usually involves filing Form I-485, with proof of being a refugee or an asylee, proof of identity and proof of having a medical examination. It is important to state that this option is available for persons who can prove that they are persecuted due to one of the following reasons: race, religion, nationality, political affiliation or membership in a particular social group.Green Card Through Investment: EB-5
Investors under the EB-5 visa scheme have the opportunity to obtain permanent resident status by making an investment in a qualified U.S. business entity. The requirement is to create at least 10 jobs. The amount of the investment is usually $1.05 million or $800,000 in the case when an investor invests in a targeted employment area or qualifying infrastructure. Although the EB-5 scheme can be beneficial for some investors, it does not offer a mere buying of residency. There is a need to prove the legal sourcing of funds, assess the business risks, and determine whether there is a possibility of creating the required number of jobs.Adjustment of Status vs. Consular Processing
After the acquisition of your qualifying basis, the second major step in your adjustment of status process is deciding on the place where you'll undertake your adjustment of status. In case of a green card through adjustment of status, the application is made by individuals residing in the United States. Here, the individual files form I-485, goes to a biometrics appointment, and undergoes background check. In the case of consular processing, the process involves persons who reside outside the United States. After the approval of the immigrant petition, the file is transferred to the National Visa Center where the applicant will provide the required civil documentation and undergo an interview at the U.S embassy/consulate abroad. This is not just about convenience; it depends largely on your prior immigration history, unlawful presence in the U.S., visa overstay history, and the eligibility criteria that may bar you from certain options. It is here that a good immigration lawyer could save you from making a grave error.Current Filing Fees
Since USCIS fee structure is subject to change, make sure to always check the latest fee schedule prior to filing. At the present time, Form I-485 costs $1,440 for applicants 14 years and older, while children younger than 14 applying with their parents normally pay $950. Common additional expenses can include the following:- Medical examination fee paid to a civil surgeon approved by USCIS;
- Translation/certification fee for foreign language documents;
- Petition fee for family or employment-based petition;
- Passport photos, police certificate, mailing costs;
- Consular visa fee in case an applicant is processing overseas.
Documents and Medical Exam
The particular list of required documents varies from one category to another; however, the vast majority of applicants should prepare:- Valid passport;
- Birth certificate;
- Marriage/divorce certificate (if any);
- Proof of the green card category;
- Documents concerning financial sponsorship (if necessary);
- Passport photo;
- I-693 form, Report of Medical Examination and Vaccination Record.
Preparing for the Interview
The interview is not designed to trick you. Rather, it is designed to ensure the accuracy of your application information and your eligibility for the benefit requested. Prior to the interview:- Read all of the forms you have filled out.
- Bring original and copies of important documents you have supplied.
- Have evidence organized in the order specified in your interview notification.
- Prepare yourself to provide information regarding your relationship, employment, travel, etc.
- Speak honestly and directly; if you do not know an answer, admit it rather than making things up.
Common Mistakes to Avoid
Many delays with green cards could have been avoided. Common issues include:- Filing incorrectly or out-of-category, or filing too soon.
- Using an outdated application form or paying the wrong fee.
- Providing inconsistent information on forms and evidence.
- Not translating foreign documents into English.
- Responding to a Request for Evidence from USCIS.
- Leaving the country for extended periods without realizing the consequences.
- Relying on an agency or consultant that guarantees an approval.