Immigrants & Immigration
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What is lawful permanent resident (LPR) status?
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LPRs are people with permission to permanently live and work in the US. They are also commonly known as green card holders. LPR status is permanent. However, it can be revoked for violating immigration laws or committing certain crimes. LPR status can also be intentionally or unintentionally abandoned.
An LPR may be eligible to apply to become a US citizen after five years, or in some cases three years.
LPR status is different from temporary, nonimmigrant, visa status. Nonimmigrant visas let people come to the US for a specific purpose and limited period of time. People are not eligible to get LPR status for having these nonimmigrant statuses. Examples of nonimmigrant visas include:
- B-1 visas for business
- B-2 visas for tourism
- H-1B visas for specialty occupation work, and
- L-1 visas for intracompany transfers.
What is a green card?
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A green card is a common term used for an LPR card. The green card is physical proof of someone's LPR status. LPRs are often referred to as green card holders.
How can someone become an LPR?
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There are several ways to get LPR status in the United States, including:
- Through sponsorship by a qualifying family member,
- Based on certain types of job offers or employment,
- Due to refugee or asylee status, or
- Through the diversity visa lottery.
Getting a green card is often a two-step process. It is also often a two-party process. The person who is getting the green card is the “beneficiary.” A beneficiary will often need a sponsor, who is someone or some entity that connects them to the US. This could be a US citizen or other LPR family member or an employer. The sponsor is known as the “petitioner” in the process.
First, the petitioner files a request to the US Citizenship and Immigration Services (USCIS) to sponsor the beneficiary. This is called a petition. Different forms are used for different types of cases. For family-based immigration, a petitioner will file Form I-130, Petition for Alien Relative. For employment-based immigration, the employer is the petitioner. They will likely have to file requests with the Department of Labor and USCIS to sponsor a beneficiary.
There are also ways to get LPR status without a sponsorship. For example, after one year living in the US in refugee status, refugees can apply for a green card. Victims of certain crimes or human trafficking may be eligible for LPR status after a certain amount of time.
The USCIS website contains a full list of how someone can qualify for a green card. Each option has its own legal requirements that must be met. The person applying for a green card must also be admissible to the US. There may be an inadmissibility waiver available for an applicant.
How can someone get LPR status through a family member?
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US citizens and LPRs can file petitions for certain family members to get LPR status. Learn more about the family-based immigration process.
What are the differences between US citizens and LPRs?
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Both LPRs and US citizens have rights and responsibilities in the US. They have the ability to live and work in the US permanently. Both can petition for family members to immigrate to the US. However, US citizens are able to petition more kinds of family members.
Broadly, US citizens have more privileges than LPRs. Many federal government jobs are only available to US citizens. They can re-enter the US from abroad without restrictions. LPRs are subject to inadmissibility grounds if they travel abroad for more than six months. LPRs can be found to have abandoned their LPR status if they spend 12 months outside the US without requesting a reentry permit first. They could also be accused of abandonment the government believes they established residency in another country. A US citizen does not abandon their US citizenship, no matter how long they stay outside of the country. They remain a US citizen even if they decide to live permanently outside of the US.
US citizens can vote in elections, and run for certain government offices. They can get benefits and scholarships reserved for US citizens. LPRs cannot participate in these actions. US citizens cannot be deported, but LPRs can be deported.
What is inadmissibility and why is it important?
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Inadmissibility refers to a set of rules that apply when someone wants to come to the US. These rules apply to people who want LPR status. They also apply to people who want other kinds of immigration status like Temporary Protected Status (TPS).
If a person has issues with one or more of the rules, they will not be allowed to get LPR status. This means they are inadmissible. Even if a person is inadmissible, they may be able to apply for a waiver. If a waiver is approved, then they may be allowed to get LPR status if they meet all other requirements.
There are different types of inadmissibility rules including rules about public health and criminal issues. Learn more about inadmissibility.
How much does the LPR process cost?
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There are many fees when applying for LPR status. The filing fees often change. It's important to check the USCIS website for accuracy.
Common fees include:
- USCIS Form filing fees,
- Fees for fingerprinting or other security clearance costs,
- Any Department of State fees if the beneficiary is immigrating from abroad, and
- The cost of a required medical examination.
USCIS offers a fee calculator on their website to help people get an estimate of immigration costs.
There may be fee waivers for some of the LPR process depending on the type of application.
There are no fee waivers available for:
- The family based petition,
- The application for adjustment of status based on a family petition, or
- Consular processing based on a family petition.
Does LPR status expire?
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No, LPR status does not expire. Even if a person’s physical green card expires, their status does not expire. However, an expired green card can make it difficult to access certain benefits. For example, an expired green card can't be used to apply for or renew a driver’s license. Employers may also require an unexpired green card as evidence of work authorization. It’s important for LPRs to ensure they replace an expiring or lost green card.
Can someone have their LPR status taken away?
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Yes. Even though LPR status does not expire, it can be abandoned or taken away by an immigration judge.
What happens if a person loses their physical green card?
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An LPR can request a new green card if their card was lost, stolen, or destroyed. Learn more about replacing a lost green card.