All About Green Cards: Your Path to Permanent Residency
The green card, officially known as a Permanent Resident Card, is a coveted document that opens doors to a myriad of opportunities in the United States (U.S.). It's a symbol of legal permanent residency, granting you the right to live and work indefinitely within the country's borders. But what exactly does a green card entail, and how can you obtain one?
Brief History of the Green Card
Following World War II, the federal government required all non-citizens present in the United States to register themselves with the Immigration and Naturalization Service (INS) under the Department of Justice. The process was completed by non-citizens registering at post offices. Then the registration forms were sent to the INS for review and processing. Once completed, INS would mail a Form AR-3 receipt card as proof of registration.
After WWII, the registration of non-citizens as lawful permanent residents resulted in receipt cards being issued under Form I-151 printed on green paper. The Alien Receipt Card Form I-151 not only solidified the card holder’s right to live and work in the U.S. but encouraged its unofficial name, “Green Card”, as the representation of the card and status it conveyed to the holder.
In 1977, the Form I-151 was retired to introduce the current Form I-551. The U.S. Citizenship and Immigration Services (USCIS) continues to use this form number until today. Form I-551 has undergone numerous changes to enhance its security and durability. In 2010, the government re-issued Form I-551s with a green color scheme. Presently, I-551s are issued with a mix of red, white, blue, and green to recognize the card’s humble beginnings.
What Does a Green Card Do?
A green card provides you with a host of privileges and responsibilities. Primarily, it allows you to:
Live and Work Permanently: You can reside in the U.S. without the need for a visa and pursue employment in any field.
Eligibility for Social Security Benefits: After a certain period of residency, you can qualify for Social Security benefits, including retirement and disability benefits.
Access to Public Assistance: You can access government-funded programs such as Medicaid.
Family Reunification: You can sponsor certain family members, including spouses, children, and parents, for immigration to the U.S.
Path to Citizenship: After meeting specific residency requirements, you can apply for U.S. citizenship, granting you the full rights and privileges of a natural-born citizen.
How to Obtain a Green Card
The process of obtaining a green card can be complex and varies depending on your circumstances. However, here are some common pathways:
1. Family-Based Immigration:
Immediate Relatives: If you have a U.S. citizen spouse, parent, or child, you can typically obtain a green card through a straightforward process.
Family Preference: If you have a U.S. citizen or permanent resident relative who is not an considered an immediate relative for immigration purposes, you may be eligible for a green card through a family preference category. The wait times for these categories can vary significantly depending on your country of birth, familial relationship, and the “priority date” (the date your petition was filed).
2. Employment-Based Immigration:
Priority Workers: Individuals with extraordinary ability, outstanding professors and researchers, and multinational executives and managers can apply for green cards in this category.
Advanced Degree Professionals: Those with advanced degrees or exceptional ability in science, arts, or business can also qualify.
Skilled Workers: Individuals with job offers for positions requiring at least a bachelor's degree or specialized training can apply.
Professional Workers: This category is for individuals with job offers for positions requiring at least two years of training or experience.
Unskilled Workers: This is available for workers who perform unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature.
Employment Creation: Investors who invest a specific amount of at-risk funds, as required by law, into a commercial business and create a certain number of jobs in the U.S. can obtain green cards through the EB-5 Investor Visa program.
3. Diversity Visa Lottery:
Each year, a limited number of green cards are allocated through a lottery system. Individuals from countries with low immigration rates to the U.S. are eligible to apply.
The Green Card Application Process
The green card application process can be lengthy and involves several steps:
Petition Filing: The appropriate petition, such as an I-130 for family-based immigration or an I-140 for employment-based immigration, is filed with USCIS.
Priority Date: Once the petition is accepted for processing, you receive a priority date, which determines your place in line for a green card.
Visa Availability: You must wait for your priority date to become current, meaning that visas are available in your category.
Consular Processing or Adjustment of Status: Depending on your location, you may either go through consular processing at a U.S. consulate abroad or adjust your status within the U.S.
The Importance of Legal Counsel
Given the complexities of U.S. immigration law, it is highly recommended to consult with an experienced immigration attorney. An attorney can guide you through the entire process, ensuring that your application is properly prepared and submitted, and addressing any potential issues that may arise.
A green card can be a life-changing opportunity, offering stability, security, and countless possibilities in the U.S. By understanding the different pathways to obtaining a green card and seeking professional guidance, you can increase your chances of successfully navigating the immigration process and achieving your American Dream.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. It is essential to consult with an immigration attorney to obtain personalized guidance on your specific situation.
