Green Card is an identification document for a lawful
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.