To apply for permanent residence in the United States, you must apply to the appropriate immigration authorities. It is essential to have an attorney with experience in immigration cases, such as green cards, immigrant visas, naturalization, and US citizenship, to properly represent you in these proceedings.
- If you are in the United States, you may require an adjustment of status.
- If you reside outside the United States, it may involve consular processing.
Before you start the application process, there are two questions you must answer first:
1. Are you eligible to apply?
U.S. immigration laws offer several avenues to apply for a green card. The requirements vary depending on the category of immigrant that applies. To apply, you must be eligible in one of the following categories.
a) Green card through the family
Immediate relative of a US citizen
- Spouse of a US citizen
- Unmarried child under age 21 of a U.S. citizen
- Parent of a US citizen who is at least 21 years old
Another relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories
Family member of US citizen:
- Unmarried son or daughter over 21 years of age
- Married son or daughter
Legal permanent resident family member:
- Spouse
- Unmarried child under 21 years of age
- Unmarried son or daughter over 21 years of age
Fiancé(e) of a U.S. citizen or child of fiancé(e)
- Person admitted to the U.S. as fiancé(e) of a U.S. citizen (K-1 nonimmigrant)
- Person admitted to the US as a child of a fiancé(e) of a US citizen (K-2 nonimmigrant)
Widower of a US citizen
Widow or widower of a U.S. citizen and were married to their U.S. citizen spouse at the time their spouse died
VAWA Self-Petitioner: Victim of Extreme Assault or Cruelty
Abused spouse, child, or parent of a U.S. citizen or lawful permanent resident.
b) Green card through employment
Immigrant Worker:
First Preference Immigrant Worker:
- Extraordinary ability in science, arts, education, business, or athletics.
- Outstanding professor, researcher, multinational executive manager.
Second Preference Immigrant Worker:
- Profession that requires an advanced degree.
- Exceptional ability in sciences, arts, business.
- Seeks national interest exemption.
Third Preference Immigrant Worker:
- Qualified worker (min. 2 years of experience).
- Professional (requires bachelor's degree).
- Unskilled worker (less than 2 years of experience).
Physician National Interest Exemption
Underserved Area Physician: Works full-time in a designated clinical practice and meets requirements.
Immigrant investor
EB-5 Investor Requirement: Invest $1,050,000 in new US business with 10 qualified employees.
c) Green Card as a Special Immigrant
Religious worker for a non-profit organization, Special Immigrant Juvenile under court protection, National of Afghanistan or Iraq with ties to the US government, International media broadcaster for USAGM, and International organization or NATO employee , or one's relative.
d) Green card through refugee or asylee status
- Asylum person with a status granted at least 1 year ago and refugee admitted at least 1 year ago.
e) Green card for victims of human trafficking and crimes
Individual with a T visa as a victim of human trafficking and a U visa as a victim of a crime.
f) Green Card for Victims of Abuse
- Abused spouses of US citizens or lawful permanent residents.
- Abused children (unmarried and under 21 years of age) of US citizens or legal permanent residents.
- Abused parents of US citizens.
- Special Immigrant Juveniles (SIJ) who have been abused, abandoned or neglected by their parents.
- Spouses or children abused under the Cuban Adjustment Law.
- Abused spouses or children of Cuban natives or citizens.
- Spouses or children abused under the Haitian Refugee Immigrant Fairness Act (HRIFA).
- Abused spouses or children of legal permanent residents who obtained their green card based on HRIFA.
When obtaining permanent residence, keep these responsibilities in mind:
- Comply with federal, state, and local laws.
- Pay the corresponding taxes.
- Register with the Selective Service (if you are a man between the ages of 18 and 26).
- Always carry your Green Card as identification.
Green Card Limitations:
- Traveling abroad for less than six months is permitted; longer periods require special permission.
- You do not have the right to vote, reserved for citizens.
- Committing fraud or serious crimes can result in the loss of permanent residence.
A= It is granted to immediate family members of US citizens or permanent residents.
The following can apply for this visa:
- Spouse or parent of a U.S. citizen.
- Sons and daughters of American citizens.
- Brothers and sisters of U.S. citizens if they are 21 years of age or older.
- Spouses of permanent residents.
- Unmarried sons and daughters of permanent residents.
Obtaining permanent residency in the U.S. offers you important benefits:
- Live indefinitely in the country.
- Work legally under state labor laws.
- Freedom of movement and choice of state.
- Access to social, medical and educational benefits.
- Obtaining a driver's license.
- Meeting with immediate family members and the possibility of obtaining residency.
- Opportunity to seek citizenship after meeting requirements.
Renew your Green Card before it expires, as it's valid for 10 years. If you're in the U.S. and it's expired, file Form I-90, attend biometric services, and obtain a new one. Don't travel with an expired card, as this could cause problems upon your return. If you're abroad, renew it at the consulate to avoid losing your residency status.
Only a U.S. citizen over the age of 21 can apply for a green card for their parents. The petition process has no annual limit and typically takes six to eight months.
The total cost of permanent residence through marriage is approximately $1,960, which includes application fees and biometric services, in addition to the medical exam.
The total cost to file Form I-90 and apply for renewal of a Permanent Resident Card (Green Card) is $540, which includes the application fee and biometric services.
You must renew your Permanent Resident Card (Green Card) before it expires, usually every 10 years. If it's lost, damaged, or contains errors, you can also request a replacement using Form I-90 filed with USCIS.
Once your petition (Form I-130) has been approved and visa availability has been verified, you must submit your application for a permanent resident card (Form I-485), undergo biometric screening, and attend an interview. You can track your application online through the USCIS website.
Permanent residence processing times vary depending on the type of application and preference category. For example:
- Immediate relatives of US citizens: 6 to 8 months.
- Children over 21 years of age of U.S. citizens: approximately 30 months.
- Spouses and children under 21 years of age of permanent residents: 20 to 25 months.
- Unmarried children over 21 years of age of permanent residents: 50 to 60 months.
To apply for permanent residence for your relatives, you need Form I-130, proof of your permanent resident status, and documents proving the relationship. The petition is sent to the National Visa Center (NVC), which forwards it to the consulate in the relative's country of origin. The consulate assigns a visa when one becomes available and begins the process.
U.S. permanent residents may petition for their spouse and unmarried children under or over the age of 21 to obtain resident status.
The requirements for applying for permanent residence in the United States vary depending on your individual situation. U.S. citizens can petition for their immediate family members with priority. Other relatives have specific preference categories. Lawful permanent residents can also petition for relatives with their own preferences. For employment-based applications, it's important to consider the category, level of education, and work experience. Consult with our attorneys for specialized advice.
Permanent residency in the U.S. allows you to live and work legally. Categories include family members of citizens and residents, employment-based immigrants, religious workers, international media, asylum seekers, victims of trafficking, and immigrant investors who create jobs and make specific investments.
Immigration authorities have categories for green card eligibility based on family relationships, job offers, asylum/refugee status, and citizen parents with children under 21.
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