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Green Card
(United States Permanent Resident Card)

USA Green Cards (immigrant visas) are for foreign nationals who plan to permanently reside in the United States

Green Card is an identification document for a lawfulGreen Card permanent resident (LPR) of the U.S. who doesn’t have American citizenship. It is confirmation that the card holder has authorization to permanently stay and legally work in the United States. Green Card was initially called ‘Alien Registration Receipt Card’ and it is now known as a ‘Permanent Resident Card’ (also, Form I-551.)

A U.S. permanent resident always keeps the green card in his/her possession at all times. To be exact, the resident must have a currently valid green card available at all times, to show to a USCIS (US Citizenship and Immigration Services) officer, when asked. The US law requires that the immigrant must carry his/her identification cards, but US citizens are not. This is because the citizen is qualified for more constitutional rights than a permanent resident, who is still classified as foreign national.

Green Cards were initially issued by the INS (Immigration and Naturalization Service), which has been absorbed into and replaced by the USCIS (former BCIS) in the Department of Homeland Security. This identity document or alien registration receipt includes the foreign national’s photograph, signature, and fingerprint. Green Card allows the holder to travel outside the U.S. and to return as long as primary residence in the U.S. is maintained. At one time the form I-551 identity card was “green,” which is how it derived its name. It has undergone many revisions, and is now “pink!” The card is renewable after ten years. (See Green Card Renewal page for more information)

To achieve the permanent residency status, an immigrant usually must go through a three-step procedure. The duration of the whole process varies depending upon the country of nationality and the type of application. The latter denotes the type of family relationship or business visa (preference category).

Green cards can be obtained through close family members, employers, asylum after one year or the diversity lottery. Visas are always available for immediate family members of U.S. citizens (spouse, parent and minor child).

People who have to wait for visas to become available include:

  • Other family members of U.S. citizens including sibling, son or daughter over 21 years of age
  • Immediate family of lawful permanent residents including spouse, child, unmarried son/daughter
  • Persons immigrating through employers

Green Card Processing Steps:

Step1: USCIS approves the immigrant petition filed by an eligible family member, an employer, or in rare occasions such as with an investor visa, the beneficiary.

Step2: If the applicant is not an "immediate relative", he/she must obtain an immigrant visa number from the State Department. This visa number might not be instantly available, though the USCIS approves the immigrant petition. This is because the law limits the amount of immigrant visa numbers per year. There are also certain extra restrictions by country. Therefore, most immigrants need to wait for a long time before going to the next step of their green card processing. But, an immigrant who is an immediate relative is not subjected to the limited quotas of immigrant visas. Also, he/she may proceed to the next step immediately.

Step3: Once the immigrant visa number is obtained, the immigrant (the green card applicant) living in the U.S. must apply with USCIS to adjust their present status to permanent resident status (See Adjustment of Status). If the immigrant stays outside the U.S., he/she must apply for an immigrant visa at the nearby ‘US Consulate’ before being allowed to come to the United States. To know more about the processing of  green card, see Green Card Processing page.

Application process through employment:

An employment-based immigrant will require a U.S. employer to sponsor them in order to obtain a green card. This does not include:

  • Immigrants with extraordinary abilities such as athletes, musicians, artists, and scientists
  • Certain investors
  • Special immigrants including religious workers and juvenile wards of the court

Before sponsoring a foreign worker, the U.S. employer must convince the Department of Labor (DOL) via Labor Certification (See PERM-Labor Certification) that there are no US workers available for the position being taken by a foreign worker. Visas are sooner available for positions requiring at least two years of experience, than for positions requiring less experience.

If a foreign national wishes to work in the U.S. while his request for a green card is pending, an Employment Authorization Document (EAD) is required.

Immigrants can also opt for the following routes to get their Green Cards:

Once an immigrant visa becomes available, the person must show that they are admissible to the U.S. by:

  • Obtaining someone willing to sponsor them so that the sponsored person does not become a public charge
  • Proving that they have passed a medical exam and have required vaccinations
  • Demonstrating that they cannot pose a security risk
  • Proving that they cannot have committed crimes or engaged in immoral behavior
  • Pursuant to the new immigration law
  • A person who leaves the USA after being here unlawfully for over 180 days is barred from re-entering for 3 years.
  • A person who leaves the U.S. after being here unlawfully for over one year is barred from re-entering for 10 years. (There are discretionary waivers in limited circumstances)

For additional details regarding green card application, visit our Green Card Application page or please call or complete the form on our contact page. We will provide you a FREE initial consultation [(918) 258-6092]; tell us your specific requirements and we will get back in touch with you right away.

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