How to become a permanent resident (green card holder) of the United States

This is an article on the 4 most common ways to become a permanent resident of the United States. The article also touches on the less-common ways to become a permanent lawful resident of the United States for certain qualified classes of candidates. A United States Permanent Resident Card, also known as a green card (it actually is not green in color anymore), is an identification card attesting to the permanent resident status of an alien in the United States of America. The green card serves as proof that its holder, a Lawful Permanent Resident (LPR), has been officially granted immigration benefits, which include permission to reside and take employment in the USA. The holder must maintain permanent resident status, and can be removed from the US if certain conditions of this status are not met.

Things You'll Need

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Instructions

1. 1. Green Card Through Family/Marriage

   Many people become permanent residents (get a green card) through family members. You may be eligible to get a green card through a family member who is a U.S. citizen or permanent resident, or through a few special categories (battered and abused spouses). Generally, only the closest family may immigrate to the US through family, such as spouses, children, or a parent of a US citizen (when the US citizen is 21 years of age or older). For citizens of US citizens, their brother and sisters can become US residents.

   Please note that the current immigrant visa availability varies greatly, and can be anywhere from immediate eligibility to 20-23 years for some very backlogged categories.

2. 2. Green Card Through Employment/Offer of Employment

   You must go through a multi-step process to become an immigrant based on employment.

   1. In most employment categories (such as EB-2 and EB-3 eligibility and filing information), a U.S. employer must first undergo a Labor Certification process to prove that there is no US worker who is qualified, able and willing to take your position. During this process, your prevailing wage will be determined, below which your employer can not pay.

   2. The USCIS must then approve an immigrant petition (application) that was filed for you, usually by an employer (I-140).

   3. The State Department will then give you an immigrant visa number, even if you are already in the United States. CAVEAT: In some employment categories and for some countries of nationality, the numbers are available immediately; in others, that are backlogged, it may take a few years to wait for your visa number to become available. During all this waiting time, you must either wait outside of the United States, or maintain a separate immigration status in the US.

   4. If your number is immediately available, or becomes available, you may then apply to adjust to permanent resident status. If you are outside the United States when an immigrant visa number becomes available, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

3. 3. Green Card Through Lottery

   Every year, the US announces a Diversity Visa Lottery Program. The Diversity Immigrant Visa Program makes 50,000 diversity visas available annually, drawn from random selection among entries of individuals who are from countries with low rates of immigration to the United States. Applicants must apply online, through the Department of State, during the online entry registration period, which typically runs from October through December of each year. It is a great program, with low eligibility threshold, and it is FREE, although nationals of some countries may not participate. If your country of nationality is eligible to participate, or if your country is not eligible, but you can cross-charge yourself to a different country, by all means, participate.

4. 4. Green Card Through Asylum/Refugee Status.

   A person within the United States may be granted asylum if he or she can demonstrate a "well-founded fear of persecution" based on (1) political opinion, (2) religion, (3) race, (4) nationality, or (5) membership in a particular social group. A person who is outside the U.S. may apply for refugee status based on this same criteria. Although it is hard to meet the criteria, the path to green card is there for qualified candidates, who can typically apply for a green card one year once they are granted asylum (and for work authorization much sooner).

5. 5. Green Card Through Investment

   Also called the 5th Preference category, green card through investment was created to promote investments in businesses and to create and preserve jobs in the US. You can achieve green card by investing one million dollars or more which provide full-time employment to at least ten U.S. citizens.

   The requisite amount of investment may be reduced to $500,000 if the commercial enterprise is located in a rural area or in an urban area with an unemployment rate of at least 150% greater than the national average rate. To qualify for investment based green card:

   * The investor must be active in the management of business;
   * If a number of investors join together in creating or expanding business, each one in the group may qualify for a green card through the single company. The investment from each person must meet the minimum qualifying amount, and each investor must be separately responsible for the creation of new jobs;
   * The investor must maintain the investment in the U.S. for at least three years;
   * The investor is subjected to U.S. taxation on worldwide income.

   Every year around 10,000 principal applicants are approved for green card through investment (spouses and family members are not considered principal applicants). Of these 10,000 applications, 3000 are reserved for those who invest in rural areas or areas of high unemployment.

   Green card through investment is initially issued on a conditional basis for a period of two years. If the investor is married and have minor children, his/her family can get green cards as accompanying relatives by submitting proof of relationship.

6. 6. Lesser-Known Ways:

   Green card path is also available in a variety of less-known ways, available to a very, very narrow group of candidates. Some selected examples are:

   1. Entered the United States prior to January 1, 1972, with certain conditions. This is basically an amnesty.

   Special adjustment programs are limited to individuals meeting particular qualifications and/or applying during certain time frames.

   * Amerasian Child of a U.S. Citizen
   * American Indian Born in Canada
   * Armed Forces Member
   * Cuban Native or Citizen
   * Haitian Refugee
   * Indochinese Parole Adjustment Act
   * Informant (S Nonimmigrant)
   * Lautenberg Parolee
   * Legal Immigration Family Equity (LIFE) Act
   * Person Born to Foreign Diplomat in United States
   * Section 13 (Diplomat)
   * Special Immigrant Juvenile
   * Victim of Criminal Activity (U Nonimmigrant)
   * Victim of Trafficking (T Nonimmigrant)

Tips & Warnings

• You may have heard stories of people who only come for a few weeks every year, and they are fine; the reality is that even though some people are admitted without problems, a lot are not, after long absences from the United States. There are ways to maintain your green card status while abroad, and plans must be made by you prior to the departure.

• If you can, avoid ANY brushes with the law while on a green card. Some misdemeanors/minor felonies can seriously jeopardize your immigration status, in addition.

• Always keep in mind that once you try an immigrant path, it is very hard, if not impossible, to go back to the non-immigrant visa, as the United States does not allow for so-called 'dual intent', i.e. "intent to immigrate" and 'no intent to immigrant'. In other words, do not be surprised if you are refused a B-1 or F-1 non-immigrant visa, once you have in the past applied for a immigrant visa through any of the above.

• Lawful Permanent Residents generally do not have the right to vote, the ability to bring family members to the United States (permanent residents are allowed to sponsor certain family members, but this is often not practical due to long processing delays), and are not generally eligible to accept federal government jobs.

• Permanent residents who reside in the US must pay taxes on their worldwide income.

• Permanent residents, once they get the status, must maintain their status in the United States, and avoid trips out of the US for longer than 6 continued months (with certain exceptions), or they will risk losing their status.