Green Cards and Permanent Residence in the U.S.
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents (LPRs).
Permanent Resident Card
A foreign national may obtain permanent residency in the United States primarily through the following:
- Sponsorship by a family member
- Special employment
- Major investment (minimum $900,000)
- Diversity Lottery
- Referred by the UNHCR as a refugee (or request asylum in the United States).
- Registry provision (undocumented).
- Green Card for Human Trafficking and Crime Victims
- Green Card for Victims of Abuse
Green Card for Employment-Based Immigrants
U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States.
These employment-based (EB) “preference immigrant” categories include:
1. First preference (EB-1) – priority workers
- Aliens with extraordinary ability in the sciences, arts, education, business, or athletics;
- Outstanding professors and researchers; or
-Certain multinational managers and executives.
2. Second preference (EB-2) – aliens who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers).
3. Third preference (EB-3) – skilled workers, professionals, or other workers.
This page provides specific information for aliens in the United States who want to apply for lawful permanent resident status in the EB-1, EB-2, and EB-3 categories while in the United States. This is called “adjustment of status.” You should also read the Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status before you apply.
For more information on other types of employment-based immigrants, see our pages on Green Cards for EB-4 special immigrants (for example, religious workers and special immigrant juveniles) and EB-5 immigrant investors.
Green Card for Family Preference Immigrants
If you are currently outside the United States, see Consular Processing for information about how to apply for a Green Card as a family preference immigrant.
U.S. immigration law allows certain noncitizens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships. If you are the spouse, minor child or parent of a U.S. citizen, please see the Green Card for Immediate Relatives of U.S. Citizen page for information on how to apply for a Green Card.
Other family members eligible to apply for a Green Card are described in the following family “preference immigrant” categories:
First preference (F1) - unmarried sons and daughters (21 years of age and older) of U.S. citizens;
Second preference (F2A) - spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
Second preference (F2B) - unmarried sons and daughters (21 years of age and older) of lawful permanent residents;
Third preference (F3) - married sons and daughters of U.S. citizens; and
Fourth preference (F4) - brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
This page provides specific information for noncitizens in the United States who want to apply for lawful permanent resident status based on a family preference category while in the United States. This is called “adjustment of status.” You should also read the Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status before you apply.
If you are currently outside the United States, see Consular Processing for information about how to apply for a Green Card as a family preference immigrant.
Green Card for Immediate Relatives of U.S. Citizen
If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements.
You are an immediate relative if you are:
- The spouse of a U.S. citizen;
- The unmarried child under 21 years of age of a U.S. citizen; or
- The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).
If you are a widow or widower of a U.S. citizen, please see Green Card for Widow(er)s for information about how to apply for a Green Card.
If you are currently outside the United States, see Consular Processing for information about how to apply for a Green Card as an immediate relative.
Diversity Immigrant Visa Program (Green Card Lottery)
The Diversity Immigrant Visa (DV) program allows for up to 55,000 immigrant visas to be awarded each year. Foreign nationals of countries with low rates of immigration to the U.S. can participate in a random drawing for the potential of getting an immigrant visa (Green Card). Check the State Department’s Diversity Visa site to learn more about the program.
How to Apply for a Green Card?
Before starting the application process, there are two questions that you should answer first:
1. Are you eligible to apply?
U.S. immigration laws provide a variety of ways for people to apply for a Green Card. The eligibility requirements may vary depending on the immigrant category you are applying.
Most people who apply for a Green Card will need to complete at least two forms—an immigrant petition and a Green Card application (Form I-485). Someone else usually must file the petition for you (often referred to as sponsoring or petitioning for you), although you may be eligible to file for yourself in some cases.
Here are the most common forms:
Form I-130, Petition for Alien Relative
Form I-140, Immigrant Petition for Alien Worker
Form I-730, Refugee/Asylee Relative Petition
Form I-589, Application for Asylum and for Withholding of Removal
Other petitions include:
Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
Form I-526, Immigrant Petition by Alien Entrepreneur
Form I-918, Petition of U Nonimmigrant Status
Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant
2. Are you inside or outside the United States?
If you are eligible to apply for a Green Card, you then need to determine which process to use – adjustment of status or consular processing.
In the United States
You need to use Adjustment of status with USCIS process for application
Your next steps:
- If you already have an approved immigrant petition and an immigrant visa is available, file Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS, or
- If you do not currently have an approved immigrant petition, check the eligibility requirements for your Green Card category to see if you can file the petition and the Form I‑485 together at the same time (this is known as concurrent filing).
- Go to Adjustment of Status page for more information about the process of applying for a Green Card in the U.S.
- Please see video on updates to Form I-485.
Outside the United States
You need to visit Consular processing with the U.S. Department of State for application process
Your next steps:
- Go to Consular Processing page for the next steps
- General Application Process
The steps you must take to apply for a Green Card will vary depending on your individual situation. However, here is the general application process that most applicants will go through:
1) Someone usually must file an immigrant petition for you (often referred to as sponsoring or petitioning for you). In some cases, you may be eligible to file for yourself.
2) After USCIS approves the immigrant petition, and there is a visa available in your category, you file either a Green Card application with USCIS or a visa application with the U.S. Department of State.
3) You go to a biometrics appointment to provide fingerprints, photos, and a signature.
4) You go to an interview.
5) You receive a decision on your application.
6) If Your Green Card Application Is Pending with USCIS
7) If you already submitted a Form I-485, Application to Register Permanent Residence or Adjust Status, and your case is pending with USCIS, for more information on checking your case status, updating your address, and making appointments with USCIS visit following link.
Most commonly, immigrants begin their life in the U.S by getting a Green Card to become a lawful permanent resident. But becoming a U.S citizen will give you many more rights than that of a Green Card holder and comes with many benefits.
The four routes available include; citizenship by Naturalization, Citizenship by Marriage, citizenship through your parents and citizenship through the military. The U.S citizenship application process is complex, with each route having its own set of specific requirements.
Citizenship by Naturalization
Naturalization is the process of becoming a U.S citizen for those born outside of the United States. For foreign nationals, citizenship through naturalization is the most common route used to become a U.S citizen, although overseas nationals can still be eligible for other routes.
The main requirement to be able to apply for naturalization is to be a green card holder or permanent resident of the U.S. You must have held lawful permanent resident status in the U.S for at least five years to be eligible for this route. As well as this, there are other requirements that you will need to be able to meet when you apply for naturalization.
These include:
- Being at least 18 years old
- Proving that you have had continuous residence in the U.S for at least two and a half years during the five-year qualifying period
- Being able to read, write, and speak the English language
- Demonstrating that you are of good moral character
- Demonstrating knowledge of U.S. history and government
- Demonstrating loyalty to the principles of the U.S. Constitution
- Taking the Oath of Allegiance.
You can apply for citizenship through naturalization by filling in form N-400, which can be done online or on paper. When you submit your application form, you will also need to provide a number of supporting documents to prove that you can meet the above requirements. You may also have to attend an interview as part of the naturalization process.
Citizenship by Marriage
If you are married to a U.S citizen then you could be eligible to apply for a Green Card. To do this, your spouse will need to submit Form I-130 Petition for an Alien Relative. This form establishes a relationship between you and your spouse but to become a Green Card holder you will need to prove that your relationship is genuine and will need to provide documents, such as a marriage certificate, to do this.
After becoming a Green Card holder, you can apply for naturalization as a U.S citizen. However, you will first need to meet the requirements for naturalization.
These differ slightly for individuals who are married to a U.S citizen, you will need to:
- Have been a lawful permanent resident of the U.S for at least three years before the date of your application (this is usually a period of five years for applicants who are not married to a U.S citizen)
- Have lived in a marital union with your Spouse in the U.S during the three years before your application
- Have had continuous residence in the U.S for at least three years before your application
- You will also need to meet the other naturalization requirements, like being of good moral character, being able to speak the English language and demonstrating a knowledge of U.S history.
Citizenship through parents
U.S citizenship can also be secured through the status of your parents. If both of your parents were born in the U.S and are married, then you are automatically entitled to U.S citizenship by birth, even if you were born outside the U.S.
If you have just one U.S citizen parent, then you may still be able to acquire citizenship.
To qualify for this if you have one parent with U.S citizenship and were born on or after November 14, 198 then:
- Your parents must have been married at the time of birth
- The U.S citizen parent must have been physically present in the U.S. or its territories for a period of at least five years at some point in their life prior to the birth
- At least two of these years must have been after their 14th birthday.
To qualify if you have one U.S citizen parent and were born before November 14, 1986, but after October 10, 1952, then:
- Your parents must have been married at the time of your birth birth
- The U.S. citizen parent must have been physically present in the U.S. or its territories for a period of at least ten years at some point in their life
- Five of these years must have been after their 14th birthday
- To acquire U.S citizenship this way then you must fill in and submit Form N-600, Application for Certificate of Citizenship.
If you have naturalized as a U.S citizen, then your children under the age of 18 can derive U.S citizenship automatically as long as the child has a Green Card and is residing in the United States. They won’t have to go through the naturalization process themselves.
Citizenship through the military
Individuals who have served honorably in the U.S armed forces can also become a U.S citizen through naturalization. The requirements vary depending on whether you have served during a period of peacetime of a period of hostility.
The U.S has been in a period of hostility since September 11th 2001. Those who have served during a period of hostility can apply for naturalization straight away and are not required to become permanent residents before doing so. If you have served during peacetime, then you will need to have served for at least 1 year before you can apply, apply whilst still in service or within 6 months of ending service, and will also need to obtain a green card.
Can I have dual U.S citizenship?
Dual citizenship comes with many benefits are you will be granted citizenship rights in two countries. The U.S government does allow its citizens to hold dual citizenship. This means that you do not have to give up your original nationality to become a U.S citizen. However, it’s worth noting that in order to obtain citizenship from more than one country, both countries must legally allow it.
It’s also worth noting that as a dual citizen, you will still be expected to pay U.S taxes no matter which country you are living in and you must pay income taxes even on income earned outside of the U.S. This means that you could be required to pay taxes on the same income to both the U.S and your other country of citizenship.
Apply for Citizenship
Apply for U.S. citizenship by submitting Form N-400, Application for Naturalization. This form is available to file online. For applying online for the US citizenship use following link.
