Becoming a Permanent Resident: The Green Card Guide

A Green Card allows non-U.S. citizens to live and work permanently in the United States.

Annually, the U.S. government approves over one million Green Cards. The majority of these go to family members of U.S. citizens and existing Green Card holders, with the next largest group being foreign nationals seeking employment in the United States.

What is a Green Card?

A Green Card, also known as a Permanent Resident Card or Form I-551, is evidence that a non-U.S. citizen has the right to remain permanently in the country. Permanent resident cards are crucial for identification and required for re-entry into the U.S. Obtaining a Green Card allows individuals to legally reside and work anywhere in the United States, and potentially qualify for U.S. citizenship after a certain number of years. If you are interested in applying for it, Oltarsh & Associates offers affordable support services.

At Oltarsh & Associates, P.C., we work with individuals and families to complete the process of applying for a Green Card and beginning new lives as permanent residents in the United States. A qualified New York immigration lawyer can provide you with proven legal solutions that help you to achieve your goals.

How do I qualify for a Green Card?

There are several different Green Card categories under which individuals can apply for permanent residence. The most common way is through an immediate family member who is a U.S. citizen or permanent resident, such as spouses, minor and adult children, parents, and siblings.  All apply to these family members of US citizens.  Some categories are also available to family members of permanent residents. This is known as “family-based immigration.”

The other principal means of obtaining permanent residence is through an employment-based category, for individuals with specialized skills or those willing to perform work of the nature that individuals  in the United States are not willing or able to perform. Work related visas are also afforded to those individuals who are of extraordinary ability or perform work in the national interest with an advanced degree.

Another group afforded the right to obtain permanent residence are those individuals fleeing persecution and who were granted political asylum or refugee status. Permanent residence is also a possibility for someone who is in immigration court, has been in the country for over ten years prior to the commencement of court proceedings, and whose deportation will cause exceptional, extremely unusual hardship to a US citizen or permanent resident minor child, spouse, or parent.

The EB5 investor visa is another employment-based category that affords the possibility of permanent residency, first through a conditional residency that requires a specific application process to remove conditions after two years.

A Permanent Resident Card may be awarded to those who qualify under one or more of the following criteria:

• Employer-sponsored applications for those employed in the U.S. or prospective employees (employment-based Green Card). To obtain a Green Card, immigrant workers can apply using Form I-140.
• Family members of immediate relatives who entered the US legally.  These are spouses of US citizens, minor children of US citizens, and parents of US citizens.  Other categories of relatives, such as spouses and minor children of permanent residents, adult children of US citizens, or residents who must be in the US in legal status to obtain permanent residence in the United States.  
• Individuals afforded refugee status or granted political asylum because of persecution in their home countries, and their immediate family, also afforded this status, are able to apply for permanent residence one year after the grant of status 
• Selection under the Diversity Immigrant Visa program, which provides Green Cards to up to 50,000 individuals each fiscal year

Conditional residents, such as those who were granted permanent residence prior to the second anniversary of their marriage, must file forms I-751 prior to the card’s two-year expiration to remove the conditions on their residency. It is crucial to adhere to the timelines to maintain their conditional permanent resident status.

The Immigration and Nationality Act is a crucial legal framework that outlines various classes of admission for foreign nationals seeking Lawful Permanent Resident (LPR) status. This act plays a significant role in facilitating family reunification and categorizing different groups of immigrants.

Oltarsh & Associates, P.C. can provide you with the expert help and guidance needed to navigate the application process for Green Card visas. We work with individuals and families to determine the most effective way to approach your visa application and to help you stay together throughout the application process.

If Green Cards are needed for family members, we can help you with the following:

• Applications for Parents of US Citizens
• Applications for Brothers and Sisters of US Citizens
• Applications for Minor and Adult Children of US Citizens
• Applications for Children over 21 and married Children

How long does it take to get a Green Card?

The processing time for a Green Card can range from months to years, depending on the category under which an individual is applying and their country of nationality. 

Applying within the United States

For individuals applying from within the United States, the wait time and eligibility can vary depending on the category and location of residence. For example, spouses and immediate relatives (parents and minor children) of U.S. citizens who are applying through the adjustment of status process can expect a wait time of 12-22 months. On the other hand, individuals applying through the employment-based or spouse of a Green Card holder category can expect a wait time of two years or more from most countries, although a few countries, such as India and China, have enormous backlogs in work visas, and the wait times are extremely long.

Applying outside of the United States

For those applying from outside the United States, the process is known as consular processing. For spouses and immediate relatives of U.S. citizens, the processing time varies considerably depending on the consulate, despite being immediately eligible. Many categories on the priority waitlist are subject to country caps, and wait times can vary significantly.

Once an individual has been issued a Green Card, they are granted many of the same rights and privileges as a U.S. citizen. Permanent residents are not able to vote, have limitations on some public benefits, and are subject to certain travel restrictions. For example, a Green Card holder cannot leave the United States for more than six months without jeopardizing permanent residence. Green Card holders are also required to pay taxes and follow all U.S. laws. It is important to note that a Green Card is not the same as U.S. citizenship, and Green Card holders can be deported if they violate U.S. immigration laws or commit certain crimes.

Benefits of Permanent Resident Status

As a lawful permanent resident, you are entitled to numerous benefits that can significantly enhance your quality of life in the United States. Here are some of the key advantages of holding a Green Card:

• Work Authorization: With a Green Card, you have the freedom to work in the United States without any restrictions. Whether you want to accept employment offers, start your own business, or pursue freelance work, a Green Card provides you with the legal right to do so.
• Travel Flexibility: As a permanent resident, you can travel abroad and re-enter the United States without the need for a US visa. However, it is crucial to comply with residency requirements to maintain your status. This means ensuring that your trips abroad do not jeopardize your permanent residency.
• Eligibility for Government Benefits: Green Card holders are eligible for certain government benefits, such as Social Security benefits, Medicare, and Medicaid. Additionally, you may qualify for financial assistance for education and housing, which can provide significant support for you and your family.
• Pathway to Citizenship: One of the most significant benefits of being a permanent resident is the eligibility to apply for U.S. citizenship after meeting specific requirements. Becoming a U.S. citizen offers additional advantages, such as the right to vote and hold public office, further integrating you into American society.
• Access to Education and Healthcare: With a Green Card, you can access a wide range of education and healthcare services in the United States. You may be eligible for in-state tuition rates, scholarships, and financial aid for education, as well as comprehensive healthcare services.

By understanding and utilizing these benefits, Green Card holders can make the most of their permanent resident status and build a fulfilling life in the United States.

Explore the advantages of holding a Green Card, including work authorization, travel flexibility, and eligibility for certain government benefits.

Maintaining and Updating Permanent Resident Status

As a Green Card holder, it is essential to maintain and update your permanent resident status to avoid any complications. Here are some key responsibilities to keep in mind:

• Residency Requirements: To maintain your permanent resident status, you must comply with the residency requirements. This means you must be physically present in the United States for at least 180 days in a calendar year. Extended absences could jeopardize your status, so it’s important to plan your travels accordingly. You lose your permanent resident status if you remain outside the U.S. for more than 365 days without a re-entry permit.
• Updating Your Status: If you change your address, name, or other biographical information, you must update your status with the U.S. Citizenship and Immigration Services (USCIS). Applicants must notify USCIS of a new address if they are waiting for their application to be approved. You can do this by filing Form AR-11, Alien’s Change of Address Card. Keeping your information up-to-date ensures that you receive important notifications and maintain compliance with immigration regulations.
• Filing Income Tax Returns: As a permanent resident, you are required to file income tax returns with the Internal Revenue Service (IRS). You must report your income and pay taxes on your worldwide income. Filing your taxes accurately and on time is crucial to maintaining your lawful permanent resident status.
• Complying with Immigration Law: It is essential to comply with immigration law and regulations to maintain your permanent resident status. This includes avoiding any activities that may be considered unlawful or contrary to U.S. interests. Violations of immigration law can result in the loss of your Green Card and potential deportation.

By adhering to these responsibilities, Green Card holders can ensure that they maintain their permanent resident status and continue to enjoy the benefits it provides.

Learn about the responsibilities of Green Card holders, including residency requirements and how to update your status.

Renewing or Replacing a Green Card

If your Green Card is expiring or has been lost, stolen, or damaged, it is crucial to renew or replace to have evidence of your permanent resident status. Here is the process:

• Renewing a Green Card: To renew a Green Card, you must file Form I-90, Application to Replace Permanent Resident Card. This form can be filed online or by mail. It is recommended to start the renewal process well in advance of your Green Card’s expiration date to avoid any lapses in your status.
• Replacing a Green Card: If your Green Card has been lost, stolen, or damaged, you must file Form I-90 to replace it. Permanent residents outside of the U.S. for less than 364 days can apply for a boarding foil if their Green Card is lost, stolen, or destroyed. You will need to provide proof of your identity and permanent resident status. Ensuring you have a valid Green Card is essential for proving your lawful permanent resident status. Permanent resident cards can only be issued or replaced in the U.S., so it is important to plan accordingly if you are outside the country.
• Timelines: The processing time for renewing or replacing a Green Card can vary depending on the workload of the USCIS. It is essential to file your application well in advance to account for any potential delays. Staying proactive about your Green Card’s expiration date can help you avoid any disruptions in your status.
• Necessary Documentation: To renew or replace a Green Card, you will need to provide certain documentation, such as proof of your identity, permanent resident status, and biographical information. The cost of renewing or replacing a Green Card varies based on the reason. Having all the required documents ready can streamline the application process and reduce the likelihood of delays.

By understanding the process and requirements for renewing or replacing your Green Card, you can ensure that your permanent resident status remains valid and uninterrupted.

We assist you with your U.S. Green Card application and other immigration services

Obtaining a Green Card can be a long and complex process, but it can also be a rewarding one for those who are successful. It provides individuals with the opportunity to live and work legally in the United States, and eventually apply for U.S. citizenship. Many permanent residents aim to become American citizens eventually. If you are considering applying for a green card, it is important to understand your immigrant status and the criteria involved. It is also crucial to understand the process and seek the assistance of a qualified professional to ensure the best possible outcome.

We, as your New York Green Card Lawyers, are committed to providing you with quality legal support and representation in the modern immigration system. If you need help with Green Cards, deportation proceedings, or any other issues related to your immigration status, call our offices today at 212-944-9420. Oltarsh & Associates is here to serve your legal needs now and in the future.